Terms and conditions

TERMS OF USE OF THE APPLICATION

Cernexapp.io account

Effective as of January 1 2024


Please read carefully these Terms of Use which govern the use of this Cernexapp.io account service (the “Service” or the “Cernexapp.io account”) to read and/or claim and/or manage non-fungible tokens, NFTs ( the “Terms of Use” or the “Contract”). By using this Service, you agree to these Terms of Use without reserve. 

NFTs materialize in the form of Digital Product Passports of physical products.

For any request relating to your use of the Service, please get in touch with us by writing to: contact@cernex.io

LEGAL NOTICE

Contact: contact@cernex.io

Director of Publication: Joan Borràs Mas

Publisher: CERNEX ENTERPRISE, S.L., a Limited Liability Company, having its registered office at Calle Felipe Rinaldi, 25, Piso 1, Puerta 1, 46019 Valencia, Comunidad Valenciana, SPAIN, registered with the Valencia Registry of Trade and Companies (Registro Mercantil de Valencia) under the identification number B70694708 (hereinafter the “Company” or “We” or “Us”).

Hosted by : CERNEX ENTERPRISE, S.L., a Limited Liability Company, having its registered office at Calle Felipe Rinaldi, 25, Piso 1, Puerta 1, 46019 Valencia, Comunidad Valenciana, SPAIN, registered with the Valencia Registry of Trade and Companies (Registro Mercantil de Valencia) under number B70694708

  • Email address : contact@cernex.io
  • Postal address : Calle Felipe Rinaldi, 25, Piso 1, Puerta 1, 46019 Valencia, Comunidad Valenciana, SPAIN
  1. ACCESS TO THE APPLICATION

Who can use it?

To access and use this Service you need to be at least sixteen (16) years old. Users under the age of sixteen (16) must seek the consent of a legal representative.

At what price?

We hereby grant you a free license to use the Service. You shall bear any further expenses for accessing and using the Internet.

How to access it?

The Cernexapp.io portal provides an innovative interface for users to explore, claim, and oversee Non-Fungible Tokens (NFTs). It can be accessed directly [https://Cernexapp.io/], offering streamlined entry through either an email associated with the purchase or a MetaMask blockchain Wallet.

Our aim is to maintain constant availability of the platform, yet access might be intermittently restricted due to maintenance, updates, force majeure events, or external factors beyond our control.

For optimal use of our services, a compatible device and a stable internet connection are required.

Users are solely responsible for any operational costs and telecommunications fees incurred while accessing and utilizing our platform.

Note that mobile access may incur additional charges, and Cernexapp.io is not responsible for any extra network or roaming fees incurred during the download or update of our services.

  1. USE

License
The Service is provided to you under a license; it is not sold. You are responsible for ensuring that anyone acting under your authority or on your behalf adheres to these Terms of Use.

Effective from the date these Terms of Use are agreed upon, and contingent upon your adherence to these terms, we grant you a non-exclusive, revocable, worldwide, and non-transferable license to utilize the Service. This license is valid for the duration of your use of the Service and is limited to personal and private use only.

Applicable requirements

By utilizing the Service, you agree to the following conditions:

  1. Not to duplicate, copy, or utilize the Service for any purposes outside of those explicitly authorized by these Terms of Use;
  2. Not to attempt (or encourage or support others’ attempts) to reverse engineer, disassemble, or decompile the Service, except as allowed for interoperability purposes under applicable law;
  3. Not to modify, correct, update, or otherwise alter the Service in any manner;
  4. Not to create any works derivative of the Service, in whole or in part;
  5. Not to disclose or publish any Service performance test results without our explicit prior written consent;
  6. Not to lease, rent, or sublicense the Service to any third parties;
  7. Not to obscure, remove, or alter any notices or references to our proprietary rights in the Service;
  8. Not to rectify any errors, anomalies, bugs, or failures in the Service;
  9. Not to use the Service for the display or publication of any content that involves third parties or is protected by intellectual property rights without the express consent of the rights holders. You will be solely liable for any such content you publish through the Service.
  1. INTELLECTUAL PROPERTY

The Service, along with all its components including but not limited to brands, logos, images, texts, and videos, is safeguarded by intellectual property laws. We provide you with a limited, non-exclusive, non-transferable, and revocable license to utilize the Service for personal and non-commercial purposes only. Any other form of use, reproduction, representation, alteration, or distribution of the Service, whether in full or in part and regardless of the medium, is strictly prohibited unless expressly authorized.

It’s important to clarify that the restrictions mentioned do not extend to the Non-Fungible Tokens (NFTs) that you own. You may utilize these NFTs freely, provided that such use complies with all legal and contractual obligations you accepted upon purchasing or acquiring the NFTs.

Additionally, the software employed in the creation of the NFTs remains the exclusive property of Cernex. However, as a user, you are granted exploitation rights under specific conditions. These rights include the ability to transfer the NFTs, subject to prior notification to Cernex, as well as the rights to claim ownership, read, and verify the NFTs for your personal interest or the interest of any third party. This ensures that while Cernex retains ownership of the software, users are afforded significant rights to use and engage with their NFTs within the bounds of the law and any agreements made at the time of acquisition.

 

  1. INFORMATION CONTAINED ON THE APPLICATION.

General provisions

Additionally, we want to bring to your attention that there may be instances of inaccuracies or missing details in the information provided by this Service, often arising from third-party sources. We pledge to promptly correct any inaccuracies or fill in any gaps in the information on the Service as soon as they are identified.

Hypertext links

The Service contains hypertext links that may direct you to websites operated by third parties, over whose content we have no control. These links are provided solely to enhance your internet browsing experience. Therefore, choosing to access third-party websites through these links is at your discretion and responsibility.

  1. DISCLAIMER

We are committed to making every effort to ensure the Service remains accessible at all times. Nonetheless, the continuous availability and accessibility of the Service cannot be guaranteed. There may be occasions when access to the whole or part of the Service is temporarily suspended, especially for technical maintenance.

Additionally, it’s important to recognize that the Internet, as well as information technology (IT) or telecommunications networks and the blockchain, are not immune to errors. Disruptions and failures can and do happen. We cannot guarantee that these systems will be error-free and, as a result, cannot be held liable for any damages arising from their use. This includes, but is not limited to:

  • Inadequate transmission and/or reception of data and/or information on the Internet.
  • External intrusions or computer viruses.
  • Failures of reception equipment or communication networks;
  • Disruptions on the Internet affecting the Service’s functionality.

The Company expressly disclaims all warranties related to the Service to the maximum extent allowed by law. Should any warranty that cannot be legally disclaimed apply, we limit our liability to direct damages, expressly excluding any form of indirect damage. This encompasses, but is not limited to, losses of profits, revenue, or goodwill.

  1. AMENDMENT

The Company reserves the right to modify the content, information, and the Terms of Use related to the Service, whether to adhere to current legal requirements or to enhance the Service.

Any amendments will become effective once the updated Terms of Use are published by the Company. Consequently, we advise you to review the Terms of Use periodically.

Should you find the revised Terms of Use unacceptable, you must cease using the Service.

  1. SUSPENSION AND TERM

You acknowledge that should we determine, at our discretion, that you have breached or acted contrary to the essence or the explicit terms of these Terms of Use, or infringed upon the rights of the Company, its affiliates, or any third party, we reserve the right to suspend or terminate your access to and use of the Service, with or without prior notification. Furthermore, you accept that the Company has the authority to alter or cease offering the Service, with or without notifying you, and that we shall bear no liability to you or any third-party for any such changes or cessation.

In the event that the Service is terminated or your use of the Service ends for any reason, you are hereby informed and acknowledge that, due to the blockchain-based nature of the Cernexapp.io account, it cannot be deleted. However, your access to the URL for viewing and utilizing the interface may be revoked.

  1. GOVERNING LAW AND DISPUTES

These Terms of Use are governed by and interpreted in accordance with Spanish law. Any disputes or claims arising from or related to these Terms of Use shall fall under the exclusive jurisdiction of the competent courts in Valencia, Spain, unless mandated otherwise by applicable legislation.

  1. CONTACT

Should you have any queries, issues, or require further information, please reach out to us at contact@cernex.io.  Additionally, if you believe that any content on this Service violates your rights or the rights of any third party (for instance, through infringement or privacy breaches), you are encouraged to send a notification to the email address: contact@cernex.io