1. Introduction
Welcome to MeasureX SARL (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our Software as a Service (SaaS) platform for the Hosting sector and cloud mining business (“Services”). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Use of Services
a. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into and be bound by these Terms.
b. Account Registration
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and for all activities that occur under your account.
3. Services
a. SaaS Platform
We provide a SaaS platform tailored for the Hosting sector and cloud mining business. Our platform offers a range of tools and functionalities designed to enhance your hosting and cloud mining operations, including but not limited to:
• Hosting Management: Tools to manage server hosting, including deployment, monitoring, and scaling of servers.
• Cloud Mining Management: Tools to manage cloud mining operations, including miner configuration, performance monitoring, and payout calculations.
• Data Analytics: Real-time analytics and reporting tools to provide insights into hosting and mining operations.
• Security Features: Advanced security measures to protect data and operations, including encryption, firewall management, and intrusion detection systems.
• Customer Support: Access to our support team for assistance with technical issues and account management.
b. Service Availability
We aim to provide continuous availability of our Services. However, we do not guarantee that our Services will be available at all times, and we may experience interruptions, delays, or downtime for various reasons, including maintenance, upgrades, or unforeseen technical issues.
4. User Obligations
a. Compliance
You agree to use our Services in compliance with all applicable laws and regulations, including but not limited to data protection and privacy laws. You will not use our Services for any illegal or unauthorized purpose.
b. Prohibited Activities
You agree not to:
• Use our Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Interfere with or disrupt the integrity or performance of our Services or the data contained therein.
• Attempt to gain unauthorized access to our Services, related systems, or networks.
• Engage in any activity that could harm, disrupt, or otherwise negatively impact our Services or other users’ use of the Services.
5. Fees and Payment
a. Subscription Fees
Access to our Services may require payment of subscription fees. The fees and payment terms will be specified on our website or in a separate agreement provided to you at the time of subscription. Subscription fees are billed on a recurring basis, as agreed upon during the registration process.
b. Payment Terms
All fees are payable in advance and are non-refundable. We accept various forms of payment, including credit card and electronic transfer. You agree to provide accurate payment information and authorize us to charge the applicable fees to your designated payment method. We reserve the right to change our fees at any time, with notice to you prior to the next billing cycle.
6. Intellectual Property
a. Ownership
All intellectual property rights in our Services, including but not limited to software, text, graphics, logos, and other content, are owned by or licensed to MeasureX SARL. These rights are protected by intellectual property laws and treaties around the world.
b. Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by these Terms.
7. Limitation of Liability
To the maximum extent permitted by law, MeasureX SARL and its affiliates, officers, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
• Your use or inability to use our Services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from our Services.
• Any bugs, viruses, or the like that may be transmitted to or through our Services by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless MeasureX SARL and its affiliates, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.
9. Termination
We may terminate or suspend your access to our Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may do so by following the instructions provided on our website or by contacting our support team.
10. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our Services shall be resolved exclusively in the courts located in Luxembourg.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
13. Entire Agreement
These Terms constitute the entire agreement between you and MeasureX SARL regarding the use of our Services and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
14. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MeasureX SARL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Contact Us
If you have any questions about these Terms, please contact us at:
MeasureX SARL
45, rue des Scillas
2529 Howald
Grand Duchy of Luxembourg
Email: info@measurex.io
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
June 21, 2024
These Terms and Conditions are designed to comply with applicable laws and regulations, ensuring the protection of both MeasureX SARL and its users.