Welcome to Blockhorizon. By using our services and/or accepting these terms and conditions, you (or: the “User”) hereby agree (i) to become a party to this agreement (the/this “Agreement”) and (ii) that your counterparty is DQC B.V., a private company incorporated under the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid), having its statutory seat and registered offices in (2242 JR) Wassenaar, the Netherlands, at the address of Van Wijnbergenlaan 13, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 84778180 (“Blockhorizon” or: “we”/“us”).

1) What this Agreement and the terms contained therein cover

This Agreement shall always and in full apply to all (legal) act(ion)s and interactions which take place between you and Blockhorizon, explicitly including (but not limited to) visits to and use(s) of:

• Blockhorizon’s website (www.blockhorizon.io, the “Website”) and/or the mobile app provided by Blockhorizon (the “App”), and to all information, recommendations and the Services (as defined hereinafter) that Blockhorizon provides to you via the Website and/or the App (the “Content”). The Content is made (technically) available to and accessible by you by Blockhorizon; and
• the “Services” which are to be provided by Blockhorizon to you, consisting of all inquiries and (executions of) requests which are made by you via the Website and/or the App and executed by Blockhorizon for you, as further described and defined in article 2) of this Agreement.

No other (general) terms and/or conditions other than this Agreement are applicable to the legal relationship(s) between you and Blockhorizon. The applicability of any other (general) terms and/or conditions is hereby excluded and rejected by you.

2) Description of the Services

Blockhorizon provides datasets and related analyses to third parties, which are used for the development and optimization of algorithms. Our services are intended for informational purposes only and do not constitute advice. Through the Website and the App, you are able to obtain information and data related to crypto assets (i.e., cryptocurrencies) which are publicly available on the relevant blockchain(s). Our Services include data, knowledge, tracking and analytic functions to enable better investment and trading decision in crypto assets.

The Services are made available by Blockhorizon to you via your personal account on the Website, which can also be used via the App (the/your “Account”).

Blockhorizon reserves the right to conduct visitors analyses of the Website and the App and users of our Service to create anonymous, aggregated statistics and intelligence for the benefit of the users which is made available to you as part of the Service.

3) Use of Services

By entering into this Agreement, you hereby confirm and warrant to Blockhorizon that you will use and/or interact with the Content and the Services:

• only if you are over 18 (eighteen) years old;
• at your own risk and expense or, if you are acting for and/or on behalf of a corporate user (legal entity), at the risk and expense of said corporate user;
• exclusively for yourself and not (also) for and/or on behalf of anybody else or, if you are acting for and/or on behalf of a corporate user (legal entity), for and/or on behalf of said corporate user;
• exclusively via your Account on/via the Website and/or the App. You are only allowed to have 1 (one) Account, the contents of which are strictly personal and (therefore) not to be shared and/or used by anyone else;
• in an orderly manner and according to the standards of reasonableness and fairness as well as in a legal and non-fraudulent manner. More specifically (but not limited thereto), you will only use and/or interact with the Content and the Services as follows:
  
  • via your Account on/via the Website and/or the App;
  • not for illegal or unauthorized purposes;
  • not copy, modify, or distribute any part thereof without Blockhorizon’s written consent;
  • not attempt to disrupt the security or integrity thereof;
  • not attempt to decompile or reverse engineer the software contained on the Website and/or the App;
  • not reproduce, retransmit, disseminate, sell, publish, broadcast the Content and/or the Services or any portion of it; and
  • not transfer the content or code to another person and "mirror" the materials to another server; and
• in a manner that is not in breach of this Agreement, is not in breach of any third party’s rights and/or other obligations (in the widest sense and however named), does not conflict with the applicable standards of reasonableness and fairness, nor in a way that is contrary to public order or morality.

In addition to the foregoing, you hereby confirm and warrant to Blockhorizon that (you understand that):

• you are legally permitted under the laws and regulations applicable to you and applicable to this Agreement to enter into this Agreement and receive and use the Content and the Services;
• you are aware of the (public) nature of the Content and the Services and that they are derived from open sources by Blockhorizon. Therefore you are responsible for checking and ensuring the accuracy, completeness, legality and appropriateness of any information and/or documentation before relying thereon or acting on the basis thereof;
• we do not provide investment advice and that you will not treat any of the Services and/or the Content as such; and
• we do not offer or recommend (the sale of) any financial product.

In the event that you breach any of the confirmations and/or warranties stated in this article 5), Blockhorizon is legally entitled, without giving you prior notice thereof, to immediately close down your Account permanently, exclude you from using and interacting with the Content and the Services and terminate this Agreement.

4) Access to the Website and the App (via your Account)

We may make certain areas of the Website and the App accessible only to users that have a password or other access credentials such as an API key. For the avoidance of doubt, you shall not permit any third parties to access the Website and/or the App using the your access credentials. Please keep in mind that we will treat anyone who uses your username and password (access) credentials as “you” and hold you responsible to and for (the execution of) this Agreement.

You will ensure that you have sole knowledge of your password and username and that the security (secrecy) of passwords and username in connection with the Service is guaranteed at any time. In particular, you may not disclose or otherwise make them available to any other person. It is always assumed that you are the user of your password and username and bear full responsibility to all use and access to the Service. You are obliged to inform us immediately, if you become aware of a possible breach of data security, such as f.i. the unauthorized disclosure or use of your password.

As stated before, you are only allowed to have 1 (one) Account or, if you are acting for and/or on behalf of a corporate user (legal entity), said corporate user is only allowed to have 1 (one) Account in its name. Your Account is strictly personal and may only be used by you - not (also) on behalf of anybody else, with the exception of when you are acting for and/or on behalf of a corporate user, in which case you may use the account for and/or on behalf of said corporate user.

5) Fees and Payment

The use of certain Services may require a usage and/or a monthly (subscription) fee (a/the “Fee(s)”). All Fees are payable in advance and non-refundable unless otherwise agreed. Payments must be made through our approved payment method as indicated in your Account.

We reserve the right to amend Fees unilaterally, at any time and at our sole discretion. We will inform you of such a change in the Fees beforehand. You have the right to terminate your subscription at any time if you do not agree with the change in the relevant Fee(s).

Fees are exclusive of all country, local and foreign taxes, levies assessments and withholdings. You shall bear and be responsible for (the payment of) all such taxes, levies and assessments arising out of and/or in connection with this Agreement.

Refund Policy: due to the nature of the Content and the Services, being data products, real-time and historical data, refunds are not possible.

6) The Content and provision of the Services

The Website, the App, Services and Content provided by Blockhorizon are made available to you on an “as is” and “as available” basis. Blockhorizon gives makes no representation(s) and gives no warranties in that relation thereto. By accessing our Website and/or the App and using the Content and/or the Services, you do so at your own risk. Blockhorizon and its licensors do not warrant or represent that:

Operational Reliability

• the use of the Website and/or the App will be secure, timely, uninterrupted, or error-free, or that it will operate in combination with any other hardware, software, system, or data;
• the Website, App, Services and/or Content will meet your requirements or expectations;
• the quality of any services, information, or other material purchased or obtained by you through the Website, App, Services and/or Content will meet your requirements or expectations;
• any errors or defects will be corrected; and
• any data, analytics, or other materials or content you download from the Website and/or the App will be free of viruses or other harmful features.

Third-Party Data and Analytics

• While we may make data and analytics available through the Website, the App and via the Content and/or the Services, these are provided by and/or derived from third parties. Blockhorizon is therefore not responsible or liable for, and hereby disclaims liability for, your use of such data and analytics, and the information you obtain from them. You expressly agree that your use of any data and analytics made available through the Website, the App, the Content and/or the Services is at your sole risk and expense.

Service Availability

• Although Blockhorizon strives to make the Website, the App, Services and Content available 24/7, we do not guarantee its uninterrupted availability and shall not be liable for any delays, errors, or interruptions in the transmission or delivery of data via the services. In the event of unavoidable issues, we will endeavour to remedy the situation as soon as possible and notify users via email.

Blockhorizon is a Dutch company, based in the Netherlands and conducting its business from the Netherlands. Although we strive to make the Website, the App, the Content and the Services accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside of the Netherlands. If you choose to access the Website, the App, the Content and/or the Services from outside of the Netherlands, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

7) Intellectual Property

The information, data, statistics, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Content and/or the Services, including but not limited to the Data and Analytics, are the proprietary property of Blockhorizon and its licensors, and are protected by Dutch and international copyright and other intellectual property laws, or are used under the principles of fair use. Blockhorizon and its licensors retain all rights with respect to the Content and the Services except those expressly granted to you in these Terms.

Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of Blockhorizon.

The information, data, statistics, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Content and/or the Services, including but not limited to the Data and Analytics, are the proprietary property of Blockhorizon and its licensors, and are protected by Dutch and international copyright and other intellectual property laws, or are used under the principles of fair use. Blockhorizon and its licensors retain all rights with respect to the Content and the Services except those expressly granted to you in these Terms.

Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of Blockhorizon.

8) Limitation of Liability

Unless stated otherwise in this Agreement, Blockhorizon is not and cannot be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from the Content, (the execution of) the Services and/or (the execution of) this Agreement. However, no provision under this Agreement shall limit in time or amount the liability of Blockhorizon in relation to any breach of (the execution of) this Agreement or any other act(ion) causing damage to you if the facts and/or circumstances giving rise thereto, and/or aggravation of the consequences thereof, are attributable to intent (opzet), fraud (fraude) and/or deceit (opzettelijke misleiding) on the part of Blockhorizon.

Blockhorizon is not and can under no circumstance(s) be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from the incorrect, wrongful, reckless and/or unlawful use of your Account, the Website, the App, the Content and/or the Services or a(ny) breach of this Agreement by you.

Blockhorizon does not and cannot guarantee (the quality of) the services (to be) provided by and/or via third party suppliers to you, since the relevant third party suppliers will provide its service(s) (in)directly to you. Therefore, Blockhorizon is not and can under no circumstance(s) be held liable for any damage(s), in the widest sense and however named, explicitly including (but not limited thereto) indirect and consequential damages, resulting from (legal) act(ion)s performed and/or commitments made by third party suppliers to(wards) you.

In the event that Blockhorizon, contrary to what is included in this clause 8, is found to be and held liable for any damages arising out of or in connection with (the execution of) the Services and/or this Agreement, the total aggregate amount of Blockhorizon’s liability for said damages cannot and shall not exceed the monetary amount which is equal to the Fees which you have incurred towards Blockhorizon.

9) Linked sites and privacy

The Website, the App and/or the Content may provide links or references to external internet sites. Blockhorizon is not liable for the use or content of external sites that link to or from the Website, the App or the Content. Blockhorizon’s privacy policy, which is available on the Website, does not apply to the collection and processing of your (personal) data on or via those external sites - said privacy policy is only applicable to the information that is directly provided by you to Blockhorizon or any third party explicitly mentioned therein.

Subjected to what is included in Blockhorizon’s privacy policy, by entering into this Agreement and the use of the Website, the App, the Content and/or the Services you understand (the fact) that Blockhorizon must transfer the relevant (personal) data which has been provided by you to Blockhorizon to the relevant third party supplier(s) in order to provide the Services to you.

10) Termination

This Agreement can be terminated by either Party on a monthly basis before the end of each calendar month. Upon timely termination, your Account will be closed and no Fee(s) will be due from the month following the month of termination. In the event that you are in material breach of any obligation(s) under this Agreement, Blockhorizon reserves the right to terminate this Agreement immediately and without giving you prior notice thereof. In such case any pre-paid Fees (if any) will not be refunded by Blockhorizon.

11) Final provisions

If terms in this Agreement are or become (partially) invalid, you and Blockhorizon will continue to be bound to the remaining terms. The invalid terms shall be considered as being replaced by terms that are valid and achieve so far as possible the intended effect of the invalid terms, taking into account the content and purpose of this Agreement.

Deviations from and additions to this Agreement may be made unilaterally by Blockhorizon. If there is a current agreement, Blockhorizon will notify you of such changes in a timely manner, with you then having the option, if you do not wish to agree, to terminate this Agreement and any related agreement.

You are not entitled to transfer any right(s) and/or the legal relationship between Blockhorizon and you, this Agreement and/or any of your rights and/or obligations hereunder without Blockhorizon's prior written consent. This restriction of transferability has, in addition to contract law effect, property law effect (goederenrechtelijke werking) as referred to in article 3:83 paragraph 2 of the Dutch Civil Code (Burgerlijk Wetboek).

(The execution of) this Agreement and (the execution of) the Services, as well as any non-contractual obligations arising out of or in connection with therewith, are exclusively governed by and shall be construed in accordance with the laws of the Netherlands.

Any disputes arising out of or in connection with (the execution of) this Agreement and (the execution of) the Services, including (but not limited to) regarding the existence or validity of this Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement, are subject to the exclusive jurisdiction of the competent court in The Hague, the Netherlands (Rechtbank Den Haag).

12) Contact

Please contact us if you have any questions about our Terms and Conditions. You can contact us at info@blockhorizon.io