Modex Terms of Use & Service

1. INTRODUCTORY PART

MODEX ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS").

Please read the TOS carefully before registering on our Site or use any of our Services. We recommend you should keep a copy of the TOS for future reference.

Modex hosts on its Sites many functionalities, which are marketed accordingly, as follows: Modex Marketplace, Dev Platform, Modex IDE, Modex TestNet, Modex Academy and Modex Account (altogether referred to as the “Modex Platforms”). Each individual functionality representing its own platform is described in short, below:

1. Modex Marketplace - is a Smart Contract Marketplace and app ecosystem that allows for easy, user friendly access to smart contracts and DApps.

Modex Marketplace is a web platform which will act as a store and trading place of smart contracts in the Ethereum blockchain.

In particular, the services that you may use in connection with the Modex Marketplace on the respective Site are:

• deposit and/or withdrawal of ETH (Ethereum) and of Modex tokens; and

• search, add, edit, buy, view, test (via integration with Modex TestNet), deploy and trade smart contracts against Modex Tokens.

By writing a Smart Contract, the user is solely responsible that the purpose of this meets the legal requirements, it is not fraudulent and not considered vicarious or annulled in the jurisdictions where it shall be enforced. Also, Modex cannot be held responsible for the functionality of the Smart Contract that the developers deploy. The purchasing user shall perform his/her own tests with regards to the functionality of the Smart Contract prior to ordering the purchase of such. The testing environments made available on the Modex Platform designated to audit the functionality of the respective Smart Contracts are provided at no warranty.

2. Dev Platform (Modex Developer Platform)

The Dev Platform is designated to streamline Smart Contracts writing process (coding), providing functionalities helpful to develop Smart Contracts. Using Dev Platform, users are able to host their smart contracts source code and keep versions on it, collaborate with others and participate in bounties. The source code is stored in repositories which, according to their permissions (public or private), are accessible to all the Modex Platform users or only by the owners in their accounts.

In relation to the Smart Contracts created, the Dev Platform allows the enforcement of the following applications by the users:

• By way of Bytecode analysis functionality, the submitted code may be then analyzed for issues or vulnerabilities if the bytecode analysis is enabled.

• By way of Call Graph, the user can trace the workflow of the Smart Contracts in his repository if the bytecode analysis is enabled.

3. Modex IDE

This is where Smart Contracts and DApps come alive. It is an integrated development environment for developing computer software in general and Smart Contracts in particular.

Modex IDE is designated for users to build, test and deploy Smart Contracts and DApps on Ethereum networks. IDE uses by default the Modex TestNet, as Ethereum test network.

This testing environment made available on the Modex IDE is provided at no warranty.

4. Modex Academy

Modex Academy is a web application which is designated to instruct the general public on the main notions associated with Blockchain Technology in general. This is not to be taken as an academic study, nor do we provide any diploma which is issued or endorsed by any schooling or academic institution, or from a public competent body to issue diplomas. This is an introductory step for a Blockchain enthusiast which is being rewarded in a colloquial manner.

This does not mean Modex Academy is not useful. To the contrary, it does set the stone for any Blockchain enthusiast willing to watch and learn and be provided with useful insights from professionals who are already skilled in Blockchain technology.

5. Modex TestNet

Modex TestNet is an environment designated to be used by developers as a playground to test applications before they are being deployed to the main net for their ultimate users. It contains accounts belonging to Modex and given to use to users of the Modex Platforms and blocks and transactions that result after deploying or interacting with smart contracts developed on the Modex Platforms.

Further, the user may not commercialize the Modex TestNet by charging fees for testing any transaction protocols in favor of beneficiaries, clients or customers seeking the customer to provide this service. This service is provided free of charge by Modex alone and only designated to be used in conjunction with smart contracts deployed on the Modex Marketplace.

The results of the tests on the Modex TestNet may be erased by Modex without notice. Therefore, they are available in an “as is” condition and no warranty is given that the results will be stored for any particular period of time.

6. Modex Account

Modex Account is designated to unify the authentication process for users registered on the Modex Platforms, according to the one-stop-shop principle, namely a registered user shall be able to access the Modex Marketplace, the Dev Platform and the Modex Academy using one and the same email address and password.

Modex and the component Modex Platforms are owned and operated by MODEX (GIBRALTAR) LIMITED, a company incorporated under the laws of Gibraltar on 12th September 2017 with registered number 116195 and whose registered office is situated at 57/63 Line Wall Road, Gibraltar.

If you wish to address Modex, you can email us at support[at]modex.tech.

If you are a natural person under the age of 16 you must let your parent or guardian know about MODEX's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept the use of Services from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often to see if this has been revisited or not. If you do not agree to any change to the TOS then you must immediately stop using the Modex Platforms. Any changes to these TOS made after you have left our Site(s) shall be notified to you and you shall be required to revisit the changes, once available. Should you choose not do revisit them, despite our notice to do so, it will be deemed that you have consented to them and any of your actions are on your own risk, as if you had accepted the changes to the TOS.

2. REGISTRATION

To use any of the Modex Platforms made available to you on this Site you will need to register, by providing information such as your full name, email address, password and password confirmation and accepting these ToS and other compliance documentation. Upon successful data submission, you will be receiving an email with a link that you will be asked to press, in order to validate and activate your account. Subject to validation within a certain prescribed period, your user account will then become active.

Modex Account shall serve this purpose, as with one registration you will be able to access all Modex Platforms (except Modex IDE, which is a desktop application).

When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address support[at]modex.tech. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify MODEX immediately of any breach of security or unauthorized use of your account.

Please refer to our privacy policy for information about how we use your data.

Subject to the terms and conditions of this Terms and Conditions, Modex grants you a limited, revocable, non-exclusive, non-sublicensable, non-assignable access to use any of the Modex platforms of your choice, solely for the purposes described herein.

Modex will not (and will not permit any third party or user to) (i) copy, modify, adapt, translate or otherwise create derivative works of Modex included on Modex Marketplace (including any documentation relating thereto, which Modex may provide to users from time to time); (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software embedded in the Modex Marketplace; or (iii) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Modex Marketplace.

3. ELIGIBILITY TO REGISTER AND/OR TO PUBLISH SMART CONTRACTS AND/OR PURCHASE ETH/MODEX

In order to register as user on our Sites, you will be required to provide your personal details, such as: full name and email address.

If you hold citizenship, permanent residency, or have been a tax resident in the United States, then you are prohibited from using any of the services provided by Modex. Further restrictions on regional criteria may apply and are regularly updated in the Whitepaper.

In particular, if you are a natural person you must provide your real full name, e-mail address, password and other requested information as indicated. You will then need to validate the e-mail that you have provided for at registration before being able to access and use your account.

If you are a legal entity using our Services, you need to provide company name, company email, invoice name, VAT number (if any), company number, address and country of registration.

Furthermore, should you wish to purchase Modex Tokens or buy smart contracts, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

We are subject to laws and regulations on money laundering and in order to fulfill our obligation under these laws and in compliance with our own policies not to be involved in any money laundering activities or attempts anywhere in the world, we may ask you to provide us with a verification of your identity (and, where relevant, the identity of your shareholders, owners, management, directors or officers) and/or other relevant information (including evidence of source of funds), both at the outset of and throughout our relationship with you, which you agree to supply to us promptly and on request.

The Site is available only to individuals and others who meet the MODEX terms of eligibility, whose applications are acceptable to MODEX. MODEX reserves the right to restrict the request of multiple services delivered to one and the same user.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

4. REGISTRATION, VALIDATION AND USE OF THE MODEX PLATFORM

The use of the Modex Platforms is subject to user registration and account validation. Before doing so, the user is obliged to review and accept these TOS, and the Privacy Policy. The user must login its correct credentials after account validation and may thereafter use the Services that we provide.

Except as otherwise shown herein, MODEX will store a record of your transactions for a minimum of five years and as long as we are required under the relevant laws to keep such information available and within reach.

5. INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MODEX Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MODEX and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. You are permitted to make one copy for the purposes of viewing Content for your own personal use.

6. CONTENT

"Content" is defined as any graphics, photographs, including all image rights, video, audio or text on this Site. MODEX tries to ensure that the information on this site is accurate and complete. MODEX does not promise that MODEX's Content is accurate or error-free. MODEX does not promise that the functional aspects of the Site or MODEX's Content will be error free or that this Site, MODEX Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

7. YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Prohibited Nationalities

Any customer holding citizenship, permanent residency, or who has been a tax resident in the United States is prohibited from using any of the services provided by the company.

8. THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than MODEX, including advertisers. MODEX has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

9. LIMITS ON OUR LIABILITY

We accept liability damages from our intent or gross negligence or that of our employees and agents only. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees.

If MODEX fails to comply with the TOS, we are responsible for the direct, demonstrable loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time when you will be using the Services, both you and MODEX knew it might happen. Our liability shall be in any events limited to EUR 500.

We are not responsible for losses not caused by our breach or light negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, unearned benefit, loss of profits or loss of opportunity) at the time when the contract has been concluded.

10. GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant laws of Gibraltar and the relevant courts of Gibraltar will have exclusive jurisdiction.

Disclaimers

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO THE EXTENT THAT THIS DISCLAIMER APPLIES TO YOU AND EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY US: (A) THE SERVICES ON THE PLATFORM ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, AND WE EXPRESSLY DISCLAIM ALL IMPLIED REPRESENTATIONS AND/OR WARRANTIES AS TO THE THE CONTENT OF THE MODEX PLATFORM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT THE MODEX PLATFORM IS RELIABLE, CURRENT OR ERROR-FREE, THAT IT DOES MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE FUNCTIONING OF THE MODEX PLATFORM WILL BE CORRECTED TO SUIT YOUR NEEDS AND/OR EXPECTATIONS; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE MODEX PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

2. The Company does not make or purpose to make, and hereby disclaims, any representation warranty undertaking or covenant in any form whatsoever to you and to any entity or person.

3. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers above may not apply to you.

4. No regulatory authority has examined or approved of any of the information set out in these Terms & Conditions. No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of these Terms and Conditions does not imply that applicable laws, regulatory requirements or rules have been complied with.

Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE DELIVERY OF THE SERVICES ON THE MODEX PLATFORM OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE BASIS (EVEN IF THE COMPANY OR ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND REGARDLESS OF WHETHER SUCH LOSSES WERE FORESEEABLE); AND (II) UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER LEGAL OR EQUITABLE BASIS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE AMOUNT YOU PAY TO OTHER USERS OR TO US ON THE MODEX PLATFORM, AGAINST DELIVERY OF THE SERVICES. THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF THE COMPANY.

2. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you.

Dispute Resolution and Arbitration

1. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration

1. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) save as expressly provided herein, waive your respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration provided in these Terms.

No Class Arbitrations, Class Actions or Representative Actions

1. Any Dispute arising out of or related to these Terms is personal to you and the Company 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. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Arbitration Rules

1. The enforceability of this section (Dispute Resolution. Arbitration) will be both substantively and procedurally governed by and construed and enforced in accordance with the 2012 (as revised in 2017) International Chamber of Commerce Rules of Arbitration, to the maximum extent permitted by applicable law.

Notice; Informal Dispute Resolution

1. Each of the user or the Company will notify the other in writing of any Dispute within thirty (30) days of the date it arises, so that respective party can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by e-mail to the Company at [email protected] Notice to the user shall be either posted on the Website or, if available, will be sent by email to any email address you provided in connection with the delivery of the Services or use of the Modex Platform. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable party, then either you or the Company may, as appropriate and in accordance with this section (Dispute Resolution. Arbitration), commence an arbitration proceeding or, to the extent specifically provided for in this section (Dispute Resolution. Arbitration), file a claim in court.

Process

1. Any arbitration will occur in Gibraltar. The arbitration will be conducted confidentially by a single arbitrator appointed by the Gibraltar Chamber of Commerce in accordance with the rules of the International Chamber of Commerce Rules of Arbitration, which are hereby incorporated by reference. The courts located in Gibraltar will have exclusive jurisdiction over any appeals and the enforcement of an arbitration decision.

Authority of Arbitrator

1. These Terms, the applicable International Chamber of Commerce Rules of Arbitration and the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Arbitration Rules

1. The International Chamber of Commerce Rules of Arbitration and additional information about International Chamber of Commerce are available at https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the International Chamber of Commerce Rules of Arbitration, or (ii) waive your opportunity to read the International Chamber of Commerce Rules of Arbitration and any claim that the International Chamber of Commerce Rules of Arbitration are unfair or should not apply for any reason.

Severability of Dispute Resolution and Arbitration Provisions

1. If any term, clause or provision of this section (Dispute Resolution. Arbitration) is held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this section (Dispute Resolution. Arbitration) will remain valid and enforceable. Further, the waivers set forth in this section (Dispute Resolution. Arbitration) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

Miscellaneous

1. These Terms constitute the entire agreement between you and the Company relating to your purchase of MODEX Tokens from the Company. We may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation. If we make changes, we will post the amended Terms at https://www.modex.tech/ and update the “Last Updated” date above. The amended Terms will be effective immediately.

2. We may assign our rights and obligations under these Terms without your prior consent.

3. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms.

4. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.

5. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

6. You and the Company acknowledge that, in accepting and agreeing to these Terms, neither you nor the Company do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided therein, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

* * * * *

Privacy Policy

Effective date: May 16, 2019

Modex (Gibraltar) Limited ("us", "we", or "our") operates the www.modex.tech website and related services available on the website, which are defined in the Terms and Conditions as: Modex Marketplace, Dev Platform (Modex Developer Platform), Modex Account, Modex Academy, Modex TestNet and Modex IDE (altogether hereinafter referred to as the "Services").

This privacy policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Services and the choices you have associated with that data.

We use your data to provide and improve the Services. By using any of the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions for the use of the Modex Platform, accessible from www.modex.tech

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personal identifiable information that may provide indications on the identity of a natural person may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, country, province, ZIP/Postal code, city
• Cookies and Usage Data

Usage Data

We may also collect information on how the Services are accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Services and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept Session cookies, you may not be able to use some portions of our Service. You can learn more how to manage cookies in the Browser Cookies Guide.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data

Modex uses the collected Personal data and/or Usage Data for various purposes:

• To provide and maintain the Services
• To notify you about changes to our Services
• To allow you to participate in interactive features of our Services when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Services
• To monitor the usage of the Services
• To detect, prevent and address technical issues

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction, however we shall ensure upkeep and maintenance of at least the same level of protection of Personal Data, as applied at the European Union level.

If you are located outside Gibraltar and choose to provide information to us, please note that we transfer the data, including Personal Data, to Gibraltar and/or Romania and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Modex will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

Modex may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Modex
• To prevent or investigate possible wrongdoing in connection with the Services
• To protect the personal safety of users of the Services or the public
• To protect against legal liability and/or enforce legal rights

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

The Data Controller of the data collected and processed through the Site is Modex (Gibraltar) Limited.

 

We employ third-party service providers which provide important functions to us that allow us to be an easier, faster, and safer way to deliver our Services and other business partners. We need to disclose user data to them from time to time so that the services can be performed.

 

We have listed in this Privacy Policy the third-party service providers and business partners to whom we may disclose your data, together with the purpose of disclosure and type of information disclosed:

LIST OF THIRD-PARTY BUSINESS PARTNERS TO WHOM WE DISCLOSE PERSONAL DATA
Third party service provider	Role in relation to Modex (Gibraltar) Ltd.	Personal Data processed	Comments	Reason for data transfer is	Which in detail means	Data is transferred to country	Data retention period	Right to be forgotten request form a user is directed to
Amazon Web Services	processor	PERSONAL		cloud server’s provider	holds application entire architecture, including the database offers S3 Bucket service, where media files (like document links and user profile photos) are kept	US	as long as the application is live	N/A - data is controlled by Modex (Gibraltar) Ltd.
		LOCATION
		PROFILE-GIVEN
		PROFILE-DETERMINED
		COMPANY-PROFILE
		COMPANY-LOCATION
		SECURITY
		FINANCIAL
		NOTIFICATIONS
		LOGS
Mandrill (Mailchimp)	processor	PERSONAL	only Full Name and Email	emailing services	used to send any application automatic email from an address owned by an application domain to a user or to an address owned by an application domain	US Source: https://mailchimp.com/about/security/	30 days - for delivered message 90 days - for bounced message data Source: https://mandrill.zendesk.com/hc/en-us/articles/205583157-How-long-does-Mandrill-keep-data-about-my-emails-	N/A - for automatic messages sent from the application [email protected] - when is about a request to not receive Marketing emails anymore

 

By accepting this Privacy Policy and maintaining an account with us, you expressly consent to the transfer of your data to those third parties for the purposes listed.

 

We reserve the right to update the list of third-party service providers. We acknowledge that we will only start transferring any data to any of the new entities or for the new purposes or data types indicated in each update after 30 days from the date when that list is made public through this Privacy Policy.

 

You should review the list regularly in order to become acquainted with the new list of recipient entities. If you do not object to the new data disclosure, within 30 days after the publication of the updated list of third parties, you are deemed to have accepted the changes to the list and to this Privacy Policy. If you do not agree with the changes, you may close your account and stop using our Services.

 

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. When disclosing, we ensure protection of Personal Data by concluding data processing agreements.

Legal Basis for Use of Personal Data

You understand that we use your Personal Data under two legal bases: (i) your specific consent as laid out above and under the legal basis, which speaks about our legal and regulatory responsibility to utilize your Personal Data to satisfy its legal requirements  and/or (ii) the legitimate interest that allows us to process such Personal Data and information, only to the extent required to provide you with the Services on the Site, as described herein.

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service:

• Google Analytics
• Google Analytics is a web traffic analysis tool. You can read the Privacy Policy for it here: https://www.google.com/analytics/terms/us.html

How long do we store Personal Data?

The Personal Data that is required to be given by you is retained/stored for a period for as long you are using the Services and are a registered used on our website and for an additional period of up to the statutes of limitation period in case of claims for damages and to the extent we are required under the applicable laws to store and archive such Personal Data.

When exporting the data and information that you provide to us, we shall use an appropriate export solution that allows delivery of data and information in a structured way to you. When doing so, you are entitled to (i) obtain a copy of the solution, (ii) the source of the data (if not the data subject him/ herself) and (iii) whether obtained from a public source, and (iv) more information on wholly automated processing.

DATA SUBJECT RIGHTS. YOUR RIGHTS

 

You are at any time entitled to: 

• have Personal Data pertaining to you transmitted to you or another controller in a commonly used machine-readable format (data portability);
• ask that we provide you with a confirmation on the fact that we process or not Personal Data pertaining to you and in a positive case, access to those data and information on how the Personal Data is stored. Such right may be exercised gratuitously once per year (access right).
• ask that your Personal Data is being erased, without any undue delay, in any of the following cases, or when these are no longer required for the purposes for which they have been initially collected or processed; he/she withdraws his/her consent and there is no other legal ground to process the personal data; he/she objects against the processing of the Personal Data and there are no legitimate interests prevailing; Personal Data have been illegally processed; Personal Data must be erased in order to comply with a legal obligation; Personal Data have been collected solely for the purpose of offering services of information technology (right to be forgotten);
• oppose the storage and processing of Personal Data, when the processing is only required for the fulfillment of a task which serves a public interest or when it serves a legitimate interest of the undersigned. When the undersigned processes Personal Data in the scope of direct marketing, you may oppose such processing at any moment (right to oppose);
• request more information about our automated processing capabilities (export solution, storage limits) through a subject access request and we are obliged to provide this information in a commonly used electronic form;
• require data to be marked as restricted whilst complaints are resolved;
• be notified without undue delay in the case of breach in the protection of your Personal Data.

 

Should we receive such notice on the exercise of your rights, we must be taken action within maximum 1 (one) month of having received your request. Please refer such requests to the contact details under the Contact Us provisions.

 

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Law and Jurisdiction

 

This Privacy Policy shall be governed exclusively by the laws of the Gibraltar. All Services shall be deemed to have taken place at the head office of Modex (Gibraltar) Limited. The courts of Gibraltar shall have exclusive jurisdiction for settling disputes arising from this Privacy Policy and both parties submit to this jurisdiction.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• by email: [email protected]

 

Date August 1, 2019

LICENSING TERMS AND CONDITIONS
MODEX BLOCKCHAIN AS DATABASE (BCDB)

ISSUED BY
Modex (Gibraltar) Limited
as Licensor


TABLE OF CONTENTS

These Licensing Terms and Conditions (hereinafter “Terms and Conditions”) regulate the terms and conditions of use of the Software (as such term is defined below).

PLEASE READ THESE TERMS AND CONDITIONS BEFORE INSTALLING OR USING THIS Software.

By checking the box or clicking the button to confirm your acceptance when you first download and install the software, you are agreeing to all the terms of these Terms and Conditions. Therefore, it is of utmost importance that you read it and familiarize yourself with the notions described herein. If you have any questions regarding its terms, then please contact us at [email protected]

Should you not agree to all of these Terms and Conditions, then please do not check the box or click the button and/or do not use or install the Software, and uninstall the Software from all devices that you own or control.

“Software” means any and all firmware programs and associated files provided with respect to the product titled and marketed under the trade name “Modex Blockchain as Database” (in short hereinafter “Modex BCDB”), representing a blockchain based, back-end engine which can be added as an added layer over the already existing standard database engine, to which blockchain features are then added. The Software includes any and all software programs, applications or “apps” and associated files provided with respect to the Software; all modified versions of and upgrades or improvements to such, all subsequent versions of such programs, and all copies of such programs and files shall be deemed included in the definition of the Software.

By “you,” we mean the person who has downloaded the Software from our or other authorized websites and who has applied and received the right from Modex to proceed accordingly.

1. LICENSE GRANT
Modex hereby grants you the right to use: (i) the Software, for your personal, private, non-commercial purpose; copies of the Software in object code form on devices that you own (or, in the case of firmware, one copy of the firmware in object code form solely on the Software relating to the firmware). As part of this license, you may (i) operate the Software in the manner described in the user documentation for the Software; (ii) where the Software is provided for download onto a personal computer or mobile device, make as many copies of the Software as you reasonably need for your own use.
You can find the user documentation for the Software on the “Support” page that you may retrieve using the following link on our website https://bcdb.modex.tech/docs.
By using the Software, you acknowledge and agree that it is solely your responsibility to understand the terms of these Terms and Conditions, of all documents that describe the functionalities and features of the Software, which are available under the title Modex-BCDB documentation on the following link: https://bcdb.modex.tech/docs. You are advised to regularly check this documentation, as it is subject to continuous updates and modifications, which shall apply as of publication date on that respective link.

2. LICENSE RESTRICTIONS
The Software is licensed to you. By agreeing to these Terms and Conditions, you are enjoying the non-exclusive worldwide right to use the Software in accordance with these Terms and Conditions. You may not (i) modify, adapt, or otherwise create derivative works from the Software, or user documentation (except as may be permitted by an applicable open source license) without receiving prior written consent from Modex to make any such modifications: (ii) transfer, lease, sublicense (either in whole or in part), resell, rent, loan, pledge/mortgage or otherwise establish any security right over it, redistribute, or otherwise transfer (except as expressly permitted above), whether for commercial purposes or otherwise, the Software or user documentation; (iii) reverse engineer, disassemble, decrypt, de-construct or decompile the Software or otherwise try to amend the Software to a human-readable form, except where and only to the extent that such activity is mandatorily required by applicable law or where Modex is required to permit such activity under the terms of an applicable open source license; (iv) remove or alter any copyright, trademark or other proprietary notices contained in the Software or user documentation; (v) use the Software or user documentation to develop a competing hardware, unlawful duplicate and/or software product, or otherwise in any manner not set forth in these Terms and Conditions or the user documentation, or in a manner which is illegal or for illegal purposes; (vi) if the Software is firmware, copy the firmware (other than one backup copy for archival purposes only), use it on a multi-user system or operate it separately from the product onto which it is embedded; (vii) use the Software to transmit software viruses or other harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Software; or (viii) use the Software for any unlawful purpose, and/or in any manner that breaches these Terms and Conditions or the laws of any jurisdiction that may be applicable when you will use the Software. All rights not expressly granted to you by Modex under this Agreement are hereby reserved by Modex and shall continue to apply, irrespective of whether they are explicitly permitted herein.

3. UPGRADES AND UPDATES
Modex is under no obligation to provide updated or upgrades to the Software. Should Modex provide you with upgrades or updates to this Software, then these Terms and Conditions will continue to govern any upgrades furnished by Modex that replace and/or supplement or accommodate other enhanced functionalities to the original firmware and/or Software, unless such upgrade is accompanied by a separate license agreement, in which case the terms of that license agreement shall prevail. If you decide not to download and use an upgrade or update provided by Modex, you take over the risk in relation to security threats or cause the Software to become unusable or unstable. Some products onto which you install the Software include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the respective product account information. In very limited cases, updates may still be automatically applied, regardless of the auto-update setting. For example, we may provide an automatic update that fixes a security breach or vulnerability to the Software. We may also provide you with updated Software data files automatically to benefit you, such as to provide you with updated device information to identify new devices in your network. These data files do not update your firmware, but consist of Software files that are cached on your product and override older files. By agreeing to this Terms and Conditions, you agree to automatic updates.

4. DATA AND PRIVACY
Modex is committed to protecting your privacy in line with its Privacy Policy available on our website and complying to the requirements under the General Data Protection Regulation (GDPR) (EU) 2016/679. Please note that the Software downloaded does not send data that passes through the Software to our servers, nor is this data copied on our servers for back-up purposes.

5. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation all copyrights, patents, trade secret rights, trade name and trademark rights) in and to the Software (including but not limited to any content incorporated into the Software), the accompanying user documentation and materials, and any copies of the Software, are owned by Modex and protected in accordance with the relevant legislation. You may not copy, distribute, or otherwise treat the Software related materials and the Software for other purposes, other than those described under these Terms and Conditions.

Otherwise, you must refrain from using the Software and delete the Software, if you have mistakenly accepted these Terms and Conditions.

Modex warrants to you the Software, when used in accordance with these Terms and Conditions does not infringe the Intellectual Property Rights of any person in any jurisdiction.

If however, it is determined at a later stage that the use of the Software by you in accordance with these Terms and Conditions infringes any person's Intellectual Property Rights, Modex is entitled at its own cost and expense to choose between:

(a) to modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) to procure for you the right to use the Software in accordance with this Agreement.
In such case, Modex may make all modifications that may be required and you shall not be able to claim and herewith waive any claims for damages (including but not limited to business interruption, loss of opportunity, direct, consequential, indirect or punitive damages) caused by the Software not being functional, causing losses, failing to perform or else, during the period that the Software is being refitted.

6. INDEMNITY
If Modex is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of these Terms and Conditions, to the extent permitted by law, you will be called under guarantee in order to compensate Modex for the full amount of its loss, as well as any reasonable amounts Modex incurs in lawyers' fees, expenses and court costs, except to the extent that Modex contributed to the loss or damage. Should you be subpoenaed in court in relation to a claim that pertains to the Software, you are immediately bound to notify Modex, such as to afford the possibility of Modex jumping in the respective administrative or court proceedings, to defend its title to the Software or timely be in the position to defend any other claims or allegations involving the Software or your irregular or illegal use of the Software.

7. TERM
This Agreement is effective when you click on the “I Accept” button, or when you in any other way use, copy or install the Software, which will constitute your acceptance of, and agreement to these Terms and Conditions. Once accepted, these Terms and Conditions will remain in effect until terminated by Modex.

The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. You agree that upon such termination, you will immediately destroy all programs and documentation that relates to the Software, including all copies made or obtained by you, and otherwise cease use of the Software. If the Software has been installed on a personal computer or mobile device, you must uninstall the Software immediately.

8. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS
THESE TERMS AND CONDITIONS ARE NOT INTENDED TO AND DO NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED DUE TO MANDATORY LAWS APPLYING IN YOUR JURISDICTION; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE SOFTWARE TO YOU IF THAT PERSON HAS BREACHED ANY SALE PURCHASE AGREEMENT WITH YOU. YOU AGREE TO USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE SOFTWARE.

Modex’s liability for breach of the condition, warranty or guarantee is limited to one or more of the following, at Modex’s own discretion: (a) in the case of goods, the replacement of the Software or the repair of the Software or refunding the payment for the Software if it would be unreasonable to expect the Software being repaired.

You acknowledge that such a complex software as the Software is, is:

never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, Modex gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Licensor gives no warranty or representation that the Software will be entirely secure.only designed to be compatible with that software specified as compatible in the Software specifications; and Modex does not warrant or represent that the Software will be compatible with any other software.

You acknowledge that Modex will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Software; and, except to the extent expressly provided otherwise in these Terms and Conditions, Modex does not warrant or represent that the Software or the use of the Software by you will not give rise to any legal liability on your part or any other person.

To the maximum extent permitted by applicable law, the Software and any related programs and documentation is provided to you “as is,” with all faults and without warranties of any kind.

In those jurisdictions where it can lawfully do so, and to the maximum extent permitted by applicable law, Modex, its resellers and its suppliers hereby disclaim and exclude all other warranties, express, statutory or implied, including but not limited to the implied warranties of merchantability, acceptable or satisfactory quality, non-infringement, title, fitness for a particular purpose, loss of or damage to data, lack of viruses or free from virus or malware attack, security, performance, lack of negligence, workmanlike effort, quiet enjoyment, that the functions contained in the Software will meet your requirements, or that your use of or the performance of the Software and related information, programs and documentation will be uninterrupted or error-free, or that defects in the Software will be corrected, or that your use of the Software and related information, programs and documentation will generate accurate, reliable, timely results, information, material or data. No oral or written information or advice given by Modex, a dealer, agent or affiliate shall create a warranty.

Your use of the Software, product and related programs and documentation is at your own risk and discretion. You are solely responsible for (and Modex disclaim) any and all loss, liability, or damages resulting from your misuse of the Software related programs and documentation.

It is your responsibility to back up your system, including without limitation, any material, information or data that you may use or possess in connection with the Software, and Modex shall owe no liability for your failure to back up your system or any material, information or data.

In all events, Modex’s responsibility shall be limited to the purchase price of the Software and in the event that this is nil, then Modex liability shall be excluded as well.

9. MODIFICATIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be modified unilaterally by Modex and the modifications shall enter into force and become binding on you as of the date of their publication on the website. you are therefore advised to revisit regularly the website to make sure that the Terms and Conditions have not been modified in the meantime and that you are making use of the Software in a manner that still complies with the updated version of the Terms and Conditions.

10. MISCELLANEOUS
If any portion of these Terms and Conditions is found to be void or unenforceable by law in a particular jurisdiction, such portion or terms shall be interpreted and enforced to the maximum extent allowed in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect.

These Terms and Conditions constitute the entire agreement between Modex and you with respect to the Software and your use thereof and supersedes any conflicting or additional terms contained in any purchase order or elsewhere.

11. GOVERNING LAW AND VENUE
These Terms and Conditions be governed by and construed in accordance with the laws of Gibraltar.

The courts of Gibraltar shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions.