Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY
Last updated: May 3, 2020

Any use of TSDC products and services through the website available at https://torosoftarecorp.com, browser extension (plugin), desktop or mobile application, or otherwise (“TSDC products and services”), is subject to these Terms and Conditions (the “Terms”). By downloading, using, or otherwise accessing TSDC products and services, or by accepting these Terms, you agree without modifications to these Terms. If you are unwilling or unable to be bound by these Terms, you shall not use TSDC products and services and you shall cease any such use immediately. Throughout these Terms, the terms “you” and “your” are used to refer to you as a user of TSDC products and services. If you are entering into these Terms on behalf of an entity, you hereby warrant and represent that you are authorized to act on behalf of such entity and to bind such entity to these Terms, and you accept these Terms on behalf of such entity and on your own behalf. In such case, the references in these Terms to “you” and “your” shall refer to both the above entity on whose behalf an individual using TSDC products and services is acting, and to such individual.

The terms “we”, “our”, “us”, or “TSDC” are used to refer to TSDC developd software.

  • MODIFICATION
  • TSDC reserves the right, at its sole discretion, to modify or replace these Terms in any manner whatsoever. In case we modify these Terms, we will change the “Last Updated” date at the beginning of these Terms. An up-to-date version of these Terms will be available for access on TSDC products and services. • If you continue to TSDC products and services after these Terms have been updated, this means that you agree on the updated version of the Terms. It is your sole responsibility to check these Terms regularly for updates.

  • SECURITY
  • When you use TSDC products and services, you are solely responsible for maintaining the confidentiality of your credentials and other information that may be used to gain access. You are responsible for safeguarding your Credentials. TSDC products and services may not have a “forgot the password” feature and may not be able to recover your Credentials, meaning that your Credentials is your responsibilty. Do not share your Credentials with any other person, as this may give such person ability to access your information. We do not store your Credentials on our servers, this information is encrypted and stored locally on your device. We are not liable for any loss or damage arising from your failure to comply with the obligations to maintain the confidentiality of your Credentials.

  • LICENSE
  • Subject to your compliance with these Terms, TSDC hereby grants you limited, personal, non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use TSDC products and services. If you commit a breach of these Terms or violate applicable legislation, the license granted hereunder shall automatically terminate and cease.

  • PROHIBITED USE
  • You shall not:

  • Use TSDC products and services for any illegal purposes, including, but not limited to, terrorism financing and money laundering.
  • Circumvent or attempt to circumvent any access or functionality restrictions or limitations with respect to the TSDC products and services or underlying software.
  • Use robots, spiders, or other similar automated means to access the TSDC products and services or its parts.
  • Use the TSDC products and services in any manner that could disrupt, interfere with, or inhibit other users from using it, or that could disable, impair, or harm the functioning of TSDC products and services or servers.
  • Copy, duplicate, reproduce, clone TSDC products and services, create derivative works from TSDC products and services or related content. In addition, you shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer TSDC products and services or related content without our prior written authorization.
  • “Frame”, “mirror”, or incorporate any part of TSDC products and services into another software, website, network, platform, or application without our prior written authorization.
  • REPRESENTATIONS AND WARRANTIES
  • You represent and warrant that you:

  • Are eligible and have full capacity for setting up and accessing TSDC services under the laws of the country of your residence.
  • Are of the necessary legal age, in accordance with the laws of the country of your residence, to use TSDC products and services, however, in any case, you shall be older than 14 (fourteen) years old.
  • Are not a subject of any sanctions administered or enforced by any country, government, or international authority nor are you a resident or established (in the case of a corporate entity) in a country or territory that is the subject of a country-wide or territory-wide sanction imposed by any country, government, or international authority.
  • Have all necessary rights to set up and hold your Wallet and this does not infringe any rights of third parties.
  • Will use TSDC products and services only for legitimate purposes and you will not use it for any illegal or fraudulent activity.
  • Will use funds within TSDC products and services, which are from legitimate sources and were lawfully acquired.
  • INDEMNITY
  • You shall indemnify and hold TSDC, its directors, officers, employees, agents, and representatives harmless from and against any and all third-party claims, actions, demands, losses, costs, expenses, fines, penalties, liabilities, and other amounts that arise out of or related to your use of TSDC products and services or your violation of any provision of these Terms.

  • LIMITATION ON LIABILITY
  • TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TSDC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, “TSDC PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, DIMINUTION OF VALUE, OR ANY OTHER SIMILAR DAMAGES, LOST REVENUES, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE TSDC PRODUCTS AND SERVICES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TSDC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TSDC PARTIES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM THE HACKING, TAMPERING, OR UNAUTHORISED USE OF OR ACCESS TO TSDC PRODUCTS OR SERVICES. IN ADDITION, TSDC PARTIES SHALL NOT BE LIABLE FOR ANY WEAKNESSES, VULNERABILITIES, AND BUGS IN THE PROGRAMS, AND OTHER NETWORKS, AND/OR TECHNOLOGIES USED WITH TSDC PRODUCTS; LOSS OF ASSETS; THEFT OF ASSETS, INCLUDING, AS A RESULT OF AN ATTACK. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TSDC PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE TSDC PRODUCTS SHALL BE LIMITED TO USD 1 (ONE USD).

  • NO WARRANTY
  • THE TSDC WALLET IS PROVIDED TO YOU FOR FREE, ON “AS IS” AND “AS AVAILABLE” BASIS. THE TSD WALLET IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TSDC DOES NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) TSDC PRODUCTS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) TSDC PRODUCTS WILL BE FREE OF DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. CONSIDERING THAT YOU ARE ABLE TO VERIFY AND VALIDATE THE SOURCE CODE OF TSDC PRODUCTS, YOUR USE OF TSDC PRODUCTS IS SOLELY AT YOUR OWN RISK.

  • INTELLECTUAL PROPERTY
  • All and any intellectual property rights in and to the TSDC products and services remain in sole ownership of TSDC or its licensors. You shall not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the TSDC products and services in whole or in part, unless TSDC’s prior written consent has been obtained.

  • INTELLECTUAL PROPERTY
  • All and any intellectual property rights in and to the TSDC products and services remain in sole ownership of TSDC or its licensors. You shall not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the TSDC products and services in whole or in part, unless TSDC’s prior written consent has been obtained.

    Except as expressly stated herein, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of TSDC products and services or any other software or items. The TSDC products and services is protected under the laws and, unless expressly provided herein, may not be copied, decompiled, imitated or used, in whole or in part, without our prior written authorisation.

  • TERMINATION
  • In case we reasonably believe that you have violated or may violate any provision of these Terms, applicable rules, policies, laws, or regulations, we have the right to immediately terminate these Terms and your access to TSDC products and services without your prior written consent or notification.

    You may terminate these Terms if you cease using TSDC products and services and deactivate (delete) your Wallet.

    Sections 5

    “REPRESENTATIONS AND WARRANTIES”, 6 “INDEMNITY”, 7 “LIMITATION OF LIABILITY”, 8 “NO WARRANTY”, 9 “INTELLECTUAL PROPERTY”, 11 “NOTICES”, 13 “GOVERNING LAW AND DISPUTE RESOLUTION”, 14 “MISCELLANEOUS” and this Clause 10.4 shall survive any termination or expirations of these Terms regardless of the reason.

  • NOTICES
  • You hereby agree to receive all disclosures, notices, communication, change in Terms, and other documents related to these Terms and use of TSDC products and services (collectively, “Notices”) electronically by means of an email or by displaying them on the TSDC products and services. Such electronic Notices shall be deemed to be in writing, valid, and of full legal force. You shall be deemed to have received any such Notice on the day following the date when it is displayed or send in accordance with this Section.• Any Notices to TSDC shall be sent to info@tsdc.org.

  • FORCE MAJUERE
  • T shall not have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond its reasonable control. Such circumstances include, without limitation, riot, war (whether declared or not), sanctions, invasion, acts of foreign enemies, hostilities, terrorism, civil war, rebellion, revolution, coup, requisition, or compulsory acquisition by any governmental or competent authority, ionizing radiation or contamination, earthquakes, floods, fire, natural disasters, strikes at national level, epidemic, and pandemic; system interference and/or destruction by any malicious programs, other circumstances beyond our control, interfering the performance hereof.

  • GOVERNING LAW AND DISPUTE RESOLUTION
  • These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the New York Rules of International Arbitration of the New York Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be New York. The language to be used in the arbitral proceedings shall be English. Any dispute arising out of or related to these Terms is personal to you and TSDC and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances.

    THERE WILL BE NO CLASS OR OTHER TYPE OR REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION WHERE AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE, TO BECOME A PARTY TO, OR TO REMAIN A PARTICIPANT IN, ANY GROUP, REPRESENTATIVE, CLASS, COLLECTIVE, OR HYBRID CLASS/COLLECTIVE ACTION IN ANY COURT, ARBITRATION PROCEEDING, OR ANY OTHER FORUM, AGAINST TSDC IN RESPECT TO THESE TERMS.

    To the maximum extent permitted under the law, you and TSDC hereby agree that any claim arising out of or related to these Terms or the TSDC products and services must be filed within 1 (one) year after the ground for such claim arose; if the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor TSDC will have the right to assert such claim.

  • MISCELLANEOUS
  • Any failure to enforce these Terms made by you or us does not constitute a waiver of the respective rights or remedies. We have the right to transfer all and any rights under these Terms to anyone without your prior written consent or permission. You are not allowed to transfer any rights under these Terms to anyone without our prior written consent. The section titles in the Terms are for convenience only and have no legal or contractual effect. There shall be no third-party beneficiaries to these Terms, except as otherwise expressly provided herein. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted under the previous sentence, you and us shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. These Terms constitute the entire agreement between you and TSDC regarding the subject matter hereof and supersede all and any previous agreements. These Terms shall not be construed for or against TSDC because of TSDC’s role in drafting these Terms.