DeFi Notifications Terms of Use

Last Revised: October 12, 2021

Hexa Foundation Ltd. (CC) and its affiliates ("Hexa", "we", "our") welcome you (the "User(s)", or "you") to our DeFi Notications (the "App"). Our App provides real time data and information regarding certain events, trends and Decentralized Finance (DeFi), digital assets and blockchain technology (the "Platform"). Each of the App's users (the "Users") may use the App in accordance with the terms and conditions hereunder. 

1. Acceptance of the Terms

By entering, connecting to, accessing or using the App (as further detailed below), you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at Privacy policy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App and you acknowledge that these Terms constitute a binding and enforceable legal contract between Hexa and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER. 

The App is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder.

For the avoidance of doubt, any act or omission performed by you in connection with the App shall obligate your organization. 

2. The App and the Platform

The App offers you access to information and push notifications regarding, inter-alia, real time data on activity regarding DeFi, blockchain and digital assets and major events occurring on-chain in Defi ecosystems such as accumulated pending rewards, price swings, near liquidations, stop loss, contract upgrades and new governance votes,

including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (collectively, the "Content").

These Terms of Use relate solely to the App and its use and not to any other platform or functionality provided by Hexa or on the DeFi.org website. 

For the avoidance of doubt, the App currently serves mainly as an informative tool, and, unless otherwise explicitly indicated in specific location within the App, engagements of any sort with us shall only be created on a first person basis (e.g. through a User's meeting or discussion with our representative). The Content does not bind Hexa in any form, and in any case where the Content contradicts or is inconsistent with separate agreements executed directly between Hexa and you, only information supplied by Hexa on a first person basis shall prevail. 

The Content provided through the App is provided for informational purposes only and does not constitute, and should not be construed as, financial, legal, investment, tax or any other advice. The information provided in the App has been prepared based upon information received from sources believed to be reliable, including data derived from public blockchain data, APIs and other related tools, but Hexa does not warrant its completeness or accuracy 

Hexa does not assume responsibility for any investment decisions. The data provided through the App is not intended as investment advice or an offer or solicitation for the purchase or sale of, or as an endorsement of, any blockchain token, cryptocurrency, security, financial instrument or other asset class, or any platform or service on which such assets are traded or otherwise utilized for any purpose. Hexa provides the App for research and discussion purposes only and does not provide general or individually tailored investment advice of any kind. Any information provided through the App are not intended as recommendations of particular cryptocurrencies, other assets, strategies or platforms and projects to particular persons or in general. You must make your own independent decisions regarding any cryptocurrencies, blockchain tokens, asset classes, financial instruments or strategies mentioned or related to the Content provided through the App. Users should consult with their own advisors before making any investment or other financial decision. You ultimately must rely upon your own examination and that of your professional advisors, including legal counsel, financial advisors and accountants as to the legal, economic, tax, regulatory, or accounting treatment, suitability, and other aspects of the Content displayed on or provided through the App. Hexa shall not be liable for either (i) any errors or omissions made in the data or analyses contained on the App or (ii) damages (incidental, consequential or otherwise) which may arise from your or any other party's use of the data or analyses contained on the App.

***ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO HEXA OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. HEXA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AVAILABLE THEREIN. ***

YOUR USE OF THE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

Note: Use of our App is currently free of charge. However, we reserve the right to charge fees for certain features available via our App in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time**.**

Dependence on Third Party Applications and Parties: The data provided on the App is derived from data stored on one or more blockchain networks on which the applicable DeFi project regarding which the User selects to receive notifications, including through third party tools or applications.  

These third party applications are not under the control of Hexa. Hexa does not own and does not control any DeFi platform or underlying blockchain networks or any other third-party products used for the function of the App or any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the data on the App, such as a web browser. Accordingly, by using the App, you acknowledge that Hexa has no control over, and no duty to take any action regarding any data received from any blockchain network, DeFi platform, or any third party. Hexa will not be held liable, and are not liable, for the acts or omissions by any blockchain network, any DeFi platform or any other third party, nor are we liable, or will we be held liable, for any damage that you may suffer as a result of interacting with or using any of the mentioned or unmentioned third parties. 

You are solely responsible for the safety and security of your connection to the App. 

Fees. Hexa does not currently charge a fee for the App or data displayed therein. However, we reserve the right to do so in the future, and in such case shall display to you any applicable fees prior to you incurring the fee. 

We are not responsible for any inaccuracy or loss: The App, all digital assets and all underlying blockchain networks and DeFi platforms are still under active development and (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data or a delay or omission in receiving expected notifications; and (d) may be modified at any time, including through the release of subsequent versions, all with or without notice to you. While we have thoroughly tested the App there is always the possibility something unexpected happens that causes the information displayed thereon to be incorrect or a notification to fail to be delivered. 

3. Use Restrictions

There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Hexa' sole discretion) in the termination of your use of the App and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Hexa, you may not (and you may not permit anyone to): (a) use the App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Hexa or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App or the servers or networks that host the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Hexa endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Hexa on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Hexa's proprietary rights, including Hexa's Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Hexa's prior written consent; (l) create a browser or border environment around Hexa Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Content; (n) frame or mirror any part of the App without Hexa's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the App; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the App for any purpose for which the App is not intended; and/or (s) infringe and/or violate any of the Terms.

4. Minors

The App is intended for Users over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the App. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the App we will prohibit and block such User from accessing the App and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

5. Contacting us via the App

Generally, if you need to contact us, you are most welcome to send us an e-mail to hello@defi.org.  

In the future, the App may include functionality under which, in order to contact us, use certain features available on the App and/or participate in certain programs available on the App, you may need to fill out and complete one or more contact, subscription or registration forms. Such contact, subscription or registration forms may require, inter alia, the User's e-mail address, phone number, country of residence, company/organization name, the User's position in the company/organization and his/her full name.

6. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in details in our Privacy Policy at [Insert Link] which is incorporated herein by reference. You agree that Hexa may use personal information that you provide or make available to Hexa in accordance with the Privacy Policy. If you intend to access or use the App you must first read and agree to the Privacy Policy. 

7. Intellectual Property Rights

The App, the Content and Hexa's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to Hexa and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Hexa and its licensors. 

The Terms do not convey to you an interest in or to the Hexa's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Hexa's Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Hexa ("Feedback"), Hexa shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Hexa current or future products, technologies or platform and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Hexa to comply with any additional obligations with respect to any Hexa current or future products, technologies or platform that incorporate any Feedback.

8. Trademarks and Trade names

Hexa's marks and logos and all other proprietary identifiers used by Hexa in connection with the App, including those related to the DeFi.org brand ("Hexa's Trademarks") are all trademarks and/or trade names of Hexa, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners ("Third Party Marks"). No right, license, or interest to Hexa's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

9. Linking to the App and links to Third Party Sites

We welcome links from any page to our App. You are free to establish a hypertext link to the App so long as the link does not state or imply any connection or approval of your website, products and/or platform by Hexa, and does not portray Hexa in a false or otherwise offensive manner. You may not link to our App from a site that you do not own or have permission to use. In the event that you link to the App you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

Certain links provided in the App may permit our Users to leave this App and enter non- Hexa sites or platform. Those linked sites and platform are provided solely as a convenience to you. These linked sites and platform are not under the control of Hexa and it is not responsible for the availability of such external sites or platform, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and platform or any link contained in linked sites or service. In addition, Hexa is not responsible or liable for such linked sites and platform' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, platform and content and your dealings with such third parties are at your sole risk and expense. Hexa reserves the right to terminate any link at any time. You further acknowledge and agree that Hexa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any platform, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and platform provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and platform, inter alia, in order to know what kind of information about you is being collected.

10. Availability

The App's availability and functionality depends on various factors, such as communication networks. Hexa does not warrant or guarantee that the App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

11. Changes to The App

Hexa reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Hexa shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein. You hereby agree that Hexa is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes. 

12. Third Party Components and Licenses

The App may use or include third party software, files and components that are subject to open source and third party license terms, such as various DeFi platforms and the underlying blockchain networks on which they operate (collectively, "Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, your use of the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. All Third Party Components are copyrighted by their respective authors. Such Third Party Components are provided on an "AS IS" basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by such third parties. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software. 

Any Third Party Components licensed under open source licenses which may be linked to, interacted with, or used in connection with the App are done so pursuant to each individual open source component license and subject to the disclaimers and limitations on liability set forth in each open source component license. 

As the App, as currently provided, is currently under development, it is possible that additional Third Party Components may be incorporated that are not being used in the App on the date hereof. For the avoidance of doubt, the foregoing provisions shall be applicable to all such Third Party Components.

13. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND HEXA, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, " HEXA'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE APP. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY OTHER PLATFORM OF HEXA SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE AGREEMENT BETWEEN HEXA AND EACH USER. 

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). HEXA AND HEXA'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN OR THROUGH THE APP.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN HEXA.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

14. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL HEXA, INCLUDING HEXA'S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE APP, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF HEXA TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF HEXA OR HEXA'S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER HEXA OR HEXA'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, HEXA'S AND HEXA'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO HEXA FOR USE OF THE APP OR $US 1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM HEXA'S REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

15. Indemnification

You agree to defend, indemnify and hold harmless Hexa, including Hexa's Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App and/or Content; (ii) your violation of any of theseTerms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

16. Amendments to the Terms

Hexa may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

17. Termination of these Terms and the Termination of the App's operation

At any time, Hexa may without notice discontinue your use of the App, at its sole discretion, in addition to any other remedies that may be available to Hexa under any applicable law.

Additionally, Hexa may at any time, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, delete any information or Content from the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Hexa does not assume any responsibility with respect to, or in connection with the termination of the App's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

18. General

 (a) These Terms constitute the entire terms and conditions between you and Hexa relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Hexa, (b) any claim relating to the App or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel Aviv -- Yaffo, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Hexa may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Hexa, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

19. For information, questions or notification of errors, please contact:

 

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to hello@defi.org.