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Terms of Service

Last updated: 17 July 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the thing-e.xyz website and the thing-e suite of applications (the "Service") operated by thing-e ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

1. Accounts

When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of thing-e and its licensors. The Service is protected by copyright, trademark, and other laws of both Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of thing-e.

3. Restrictions on Use and Anti-Scraping

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You are expressly prohibited from:

  • Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
  • Engaging in any automated use of the system, such as using scripts to send comments or messages.
  • Collecting or harvesting any personally identifiable information, including account names, from the Service.
  • Using the Service for any commercial solicitation purposes without our prior written consent.
  • Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

Data Scraping Prohibition: Without our express prior written consent, you may not engage in any form of data scraping, data mining, data extraction, or any other systematic collection of data from the Service. This includes, but is not limited to, the use of any automated tool to extract data for commercial or non-commercial purposes.

A breach of this clause constitutes a material breach of these Terms. In the event of such a breach, you agree that we are entitled to seek injunctive relief and that you will be held liable for any and all damages incurred by us as a result of the breach, including but not limited to financial losses, loss of goodwill, and all legal fees and costs associated with enforcing this provision.

4. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by thing-e. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that thing-e 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 such content, goods or services available on or through any such third-party web sites or services.

5. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Indemnification

You agree to defend, indemnify and hold harmless thing-e and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

7. Limitation Of Liability

In no event shall thing-e, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Our total liability to you for any and all claims arising out of or in connection with these Terms or your use of the Service, whether in contract, tort, or otherwise, will be limited to the amount you paid us to use the Service in the 12 months preceding the claim.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

thing-e its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

You agree that any legal action or proceeding arising out of or related to these Terms will be brought exclusively in the courts of Dublin, Ireland.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

11. Contact Us

If you have any questions about these Terms, please contact us at: [email protected].