Terms of Use

The subject of these Terms of Use is the regulation of the relationship between the Administrator of the website https://blokxo.com and you concerning your usage of this website.

If you disagree with the terms of the Terms of Use, you should stop using the Site.

The website https://blokxo.com is not intended for use by children under the age of fourteen.

It is your responsibility not to take any action that could be considered as disrupting the normal operation of the website https://blokxo.com.

You are forbidden to use the website https://blokxo.com for any purpose prohibited by law.

You may access and use the Offerings in accordance with this Agreement. You agree to comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Offerings.

Company offers a number of products and services, each an “Offering”, under the Company’s brand or brands owned by us. Offerings are generally accessed through the Site or through a third party provider of which we approved, such as the Google Play or Apple App Store, unless otherwise agreed in writing. Some Offerings may require you to create an account, enter a valid form of payment, and select a paid plan (a “Paid Plan”), or initiate an Order.

In certain Offerings, Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges.

When you use our Offerings, you may also be using the products or services of one or more third parties. Your use of these third party offerings may be subject to the separate policies, terms of use, and fees of these third parties.

We may change or discontinue any or all of the Offerings or change or remove functionality of any or all of the Offerings from time to time. We will use commercially reasonable efforts to communicate to you any material change or discontinuation of an Offering through the Site or public communication channels.  If you are on a Paid Plan, we will use commercially reasonable efforts to communicate to you  any material changes to or discontinuation of the Offering at least 30 days in advance of such change, and we will use commercially reasonable efforts to continue supporting the previous version of the Offering for up to three months after the change or discontinuation, except if doing so (a) would pose an information security or intellectual property issue, (b) is economically or technically burdensome, or (c) would create undue risk of us violating the law.

Your Responsibilities

For those Offerings that require an account, and except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other End Users), and we and our affiliates are not responsible for unauthorized access to your account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated by third parties.  

You are responsible for all activities that occur through your use of those Offerings that do not require an account, except to the extent caused by our breach of this Agreement, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other End Users). We and our affiliates are not responsible for unauthorized access that may occur during your use of the Offerings, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated by third parties. You will ensure that your use of the Offerings does not violate any applicable law.

You are solely responsible for properly configuring and using the Offerings and otherwise taking appropriate action to secure, protect and backup your accounts and/or Your Content in a manner that will provide appropriate security and protection, which might include use of encryption.  This includes your obligation under this Agreement to record and securely maintain any passwords or backup security phrases (i.e. “seed” phrases) that relate to your use of the Offerings. You acknowledge that you will not share with us nor any other third party any password or backup/seed phrase that relates to your use of the Offerings, and that we will not be held responsible if you do share any such phrase or password.

To the extent we provide you with log-in credentials and API authentication generated by the Offerings, such log-in credentials and API authentication are for your use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your password or private key to your agents and subcontractors performing work on your behalf.

Fees and Payment

Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive taxes unless otherwise noted. We reserve the right to withhold taxes where required.

These Terms of Service only apply to the website https://blokxo.com. We do not control and are not responsible for third-party sites to which you can click on the links provided on our website.

Services, algorithm results, and other content are provided to you by the website https://blokxo.com on an "AS IS" and "AS AVAILABLE". We are not responsible for any direct, indirect, incidental, special, or punitive damages, including (but not limited to) damages related to loss of profits, damage to business reputation, loss of data, and other types of non-pecuniary damage.

The Administrator of the website https://blokxo.com does not guarantee that the website https://blokxo.com will work continuously, securely, and without errors; the results obtained with their help will be accurate and reliable; bugs and errors on the website https://blokxo.com will be corrected

Upon expiration or termination of this Agreement, User’s right to access and use Ituum OÜ Services will immediately terminate, User will immediately cease all use of Ituum OÜ Services, and each party will return and make no further use of any Confidential Information, materials, or other items (and all copies thereof) belonging to the other party. Upon expiration or termination of this Agreement, Ituum OÜ will cease use of the Customer’s name, logo, and trademarks (“Customer Marks”); provided, however, that (a) Ituum OÜ will have a reasonable time to remove the Customer Marks from promotional materials, and (b) Ituum OÜ will not be required to remove any printed materials from circulation.

Ituum OÜ shall defend (at Ituum OÜ’s expense), Customer and its officers, directors and employees from and against any third-party claims, suits, or proceedings ( “Claims”) brought against Customer or its officers, directors or employees by a third party contending that Customer’s use of Ituum OÜ Services in accordance with the Ituum OÜ Documentation infringes any copyright or trade secret rights of a third party and shall pay all damages finally awarded by a court of competent jurisdiction or agreed to by Ituum OÜ in settlement of the Claim. In the event that Ituum OÜ Services or any part thereof is likely to, in Ituum OÜ’s sole opinion, or do become the subject of an infringement related Claim, and Ituum OÜ cannot, at its option and expense, procure for Customer the right to continue using Ituum OÜ Services, or any part thereof, or modify Ituum OÜ Services, or any part thereof, to make them non infringing, then Ituum OÜ may terminate this Agreement with notice to Customer and will provide the Customer with a refund of any pre-paid fees for the unexpired portion of the remaining subscription term. Ituum OÜ shall have no liability for any Claim or demand arising from (i) an allegation that does not state with specificity that Ituum OÜ Services is the basis of the Claims; (ii) the use or combination of Ituum OÜ Services or any part thereof with software, hardware, or other materials not developed by Ituum OÜ if Ituum OÜ Services or use thereof would not infringe without such combination; (iii) modification of Ituum OÜ Services by a party other than Ituum OÜ, if the use of unmodified Ituum OÜ Services would not constitute infringement; (iv) a breach by Customer of any obligation under this Agreement or a use of Ituum OÜ Services by Customer or any User in a manner outside the scope of any right granted herein or not in accordance with the Ituum OÜ Documentation if the claim would not have arisen but for such breach or unauthorized use; (v) an allegation made against Customer arising out of or related to the Beta Versions, open source software, or Customer Inputs; or (vi) an allegation made against Customer prior to the execution of this Agreement or any allegation based upon any action by Customer prior to the execution of this Agreement. The foregoing states Ituum OÜ’s entire liability and Customer’s exclusive remedy for intellectual property rights infringement.

Customer Indemnity. Customer shall defend, indemnify and hold Ituum OÜ, its affiliates, employees, officers, and directors harmless from and against any loss or damage (including reasonable attorneys’ fees) incurred in connection with Claims (i) made or brought against Ituum OÜ by a third party alleging that the Customer Inputs infringes the intellectual property rights of, or has otherwise harmed, a third party; (ii) based upon any User’s use of Ituum OÜ Services not in accordance with the terms hereof or not in accordance with the Ituum OÜ Documentation or violation of 4.2 (Use Guidelines), 4.3 (Restrictions) or 4.4 (Customer Input Restrictions); or (iii) based on any failure or alleged failure of the Customer to comply with any applicable law, rule or regulation in connection with its use of Ituum OÜ Services for Customer’s business.

The foregoing indemnification obligations are conditioned on the indemnified party: (a) notifying the indemnifying party promptly in writing of such action, (b) reasonably cooperating and assisting in such defence at the indemnifying party’s expense, and (c) giving sole control of the defence and any related settlement negotiations to the indemnifying party with the understanding that the indemnifying party may not settle any claim in a manner that admits guilt or otherwise prejudices the indemnified party, without the indemnified party’s prior written consent.

Governing Law; Jurisdiction. This Agreement and any action related thereto will be governed and interpreted by and under the laws of Estonia. Each party hereby consents to the personal jurisdiction and venue in the courts of Estonia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Export; Anti-Corruption. Each party shall comply with the export laws and regulations of Estonia and other applicable jurisdictions in providing and using Ituum OÜ Services. Without limiting the foregoing, (i) each party represents that it is not named on any Estonia government list of persons or entities prohibited from receiving exports, and (ii) Customer shall not permit Users to access or use Ituum OÜ Services in violation of any Estonia export embargo, prohibition or restriction. Customer represents that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Ituum OÜ’s employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Ituum OÜ.

Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Waiver; Remedies. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Entire Agreement. To the maximum extent permitted by applicable law, this Agreement, together with the documents referenced herein constitute the entire agreement between the parties as to its subject matter, and supersede all previous and contemporaneous agreements, (including without limitation any nondisclosure agreements previously executed by the parties), proposals or representations, written or oral, concerning the subject matter of this Agreement. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedy in respect of any untrue statement shall be for breach of contract as provided in this Agreement. Customer acknowledges and agrees that its agreement hereunder is not contingent upon the delivery of any future functionality or features not specified herein or in an Order Form or dependent upon any oral or written, public or private comments made by Ituum OÜ with respect to future functionality or features for Ituum OÜ Services. In the event of any conflict between the provisions in this Agreement and any Order Form or Statement of Work, the terms of such Order Form or Statement of Work shall prevail. No terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

Attorney’s Fees. Customer shall pay on demand all of Ituum OÜ’s reasonable attorney fees and other costs incurred by Ituum OÜ to enforce this Agreement or to collect any fees or charges due to Ituum OÜ under this Agreement following Customer’s breach of its payment obligations under this Agreement or any Order Form.

No Assignment. Neither party will assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition, reorganization or change of control, including without limitation a sale of all or substantially all of its assets, stock or business to which this Agreement relates. The terms of this Agreement will be binding upon the parties and their respective successors and permitted assigns.

Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labour dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party (“Force Majeure Events”), provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.Independent Contractors. Ituum OÜ’s relationship to Customer is that of an independent contractor, and neither party is an agent or partner of the other. Neither party will have, and will not represent to any third party that it has, any authority to act on behalf of the other.

Notices. All notices under this Agreement shall be in writing. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service, (iii) by first class, registered or certified mail, postage prepaid, (iv) by facsimile or (v) by electronic mail to the address of the party specified in this Agreement or an Order Form. All notices shall be effective upon (i) receipt by the party to which notice is given, (ii) the second (2nd) day following sending by electronic mail or facsimile, or (iii) on the fifth (5th) day following mailing, whichever occurs first. Each party may change its address for receipt of notice by giving notice of such change to the other party.

Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. A manually or electronically signed copy of this Agreement, any Order Form or any Statement of Work delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of the Agreement, the Order Form or Statement of Work.

Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favour of or against either party and that ambiguities shall not be interpreted against the drafting party.

The Administrator of the website https://blokxo.com is not responsible for:

The Administrator of the website https://blokxo.com will not be responsible for the user's actions to any third party, including (but not limited to) the competent state authorities of the relevant countries.

The Administrator of the website https://blokxo.com declares that the shell of the website https://blokxo.com, its design, program codes, algorithms, programs, etc. are subject to the exclusive intellectual property rights of the Administrator of the website https://blokxo.com or other rights holders.

You acknowledge and agree that the website https://blokxo.com may contain software, trademarks, audiovisual works, as well as other objects of intellectual property rights, the rights to which are owned by us or third parties and cannot be used without our prior consent. 

All objects displayed on the website https://blokxo.com, including design elements, text, graphics, illustrations, software, databases, program codes, algorithms for work, and other intellectual property, subject to the exclusive property of us or other rights holders.

Please note that we review our Terms of Use from time to time and that these practices are subject to change. Any changes, updates, or modifications will take effect immediately upon posting on this page. Please be sure to return to this page periodically to date with the latest version of this Terms of Use.