Hayek CO., Ltd. a company registered in Republic of Seychelles with registration number 199498 and registered office at Suite 1, Commercial House One, Eden Island, Republic of Seychelles (“BaconPay”, “Company”, “we”, “our” or “us”).
Accepting the Terms
1.1 You may not use the Service(s) and may not accept the Terms if (a) you are not of legal age to form a binding contract with BaconPay, or (b) you are a person barred from using or receiving the Service(s) under the applicable laws including the country in which you are resident or from which you use the Service(s).
1.2 If you are using the Service(s) on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
2.1 Data：Means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
2.2 BaconPay Brand： The BaconPay brand and brand assets, including but not limited to names, logos, trade names and trademarks.
3.1 To begin using the Service(s), you must sign-up to Noto+Sans+TC and register with your information and following the instructions provided on our website. Both the application registration and your member account must contain accurate and up-to-date information at all times, including but not limited to your current title, company, and e-mail address.
Service(s) License and Restrications
4.1 The Services are the property of BaconPay or BaconPay's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Service(s), and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Service(s) (the “License”). This License shall remain in effect until and unless terminated by you or BaconPay. You promise and agree that you are using the Service(s) for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Service or the Content.
4.2 e Service(s) is licensed, not sold, to you, and BaconPay and its licensors retain ownership of all copies of the BaconPay software applications and Service(s) even after installation on your personal computers, mobile handsets, tablets, or other relevant devices(“Devices”).
4.3 This license is subject to the following restrictions:
4.3.1 You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Service(s) to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with BaconPay (or its affiliates).
4.3.2 BaconPay sets and enforces limits or forbid on your use of the Service(s) in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented on each Service. If you would like to use any Service beyond these limits, you must obtain BaconPay express consent (and We may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).
4.3.3 The Terms are non-exclusive. You acknowledge that BaconPay may develop products or services that may compete with the clients or any other products or services.
4.3.4 You are account/wallet holders. You agree to: (1) try to choose a strong and secure password of your email or any other passwords; (2) keep your password of email or any other passwords secure and confidential; (3) not transfer any part of your account/wallet (e.g., connections); (4) keep your account/wallet confidential, and not to share it with any third party. You are responsible for anything that happens through your account/wallet unless you close it or report misuse.
4.3.5 You agree to keep your BaconPay API key confidential, and not to share it with any third party. This license is personal to you and specific to your use of the Service(s). You agree that you will be personally responsible for the use of the Service(s).
4.3.6 You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
4.3.7 You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Service(s) or portion thereof.
4.3.8 You may not use the Service(s) to replicate or compete with core products or Services offered by BaconPay. You acknowledge and agree that BaconPay has or may in the future offer products or services that are similar to your Application, and nothing will prevent BaconPay from doing so.
4.3.9 You may not use Service(s) to create, circulate, distribute, sell, buy, drop, exchange or swap any token representing securities, investment contract or any other form of investment products.
4.3.10 You may not provide your password to any other person or use any other person’s username and password.
4.3.11 You may not “crawling” the Service(s) or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from BaconPay.
Service Limitations and Modifications
5.1 BaconPay will make reasonable efforts to keep the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary or permanent interruptions.
5.2 BaconPay is still evolving, and we need the flexibility to occasionally make changes to our Service(s), including backwards incompatible ones. We will try to give notice of these changes, but you should follow our Website for updates. Furthermore, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of the Service(s) may change at any time, you should not rely on these behaviors.
6.1 As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, (1) the Service(s), Documentation, and all elements and components thereof; (2) Data; and (3) All BaconPay trademarks, service marks, trade names, logos, domain names, and any other features of the BaconPay brand (“Brand Features”) (collectively, the “BaconPay Materials”). The only exception to this is Data that you as a Service(s) client have licensed to BaconPay. Except for the express licenses granted in the Service(s), BaconPay does not grant you any right, title, or interest in the BaconPay Materials.
Right You Grant Us
7.1 If you access or use our Service(s), we may use your brand or marks in a way that suggests you endorse, sponsor, or associate with BaconPay.
7.2 If you provide us with your accounts and passwords of social media, including but not limited to Facebook, Twitter, Instagram, LinkedIn, we may use the accounts to create posts regarding purposes you describe on the application form, and have all rights thereto. You shall ensure we have rights to collect, access and store all your fans’ data of social media, with other rights thereto, provided that with prior written notice you reserve the right to restrict how we use the data.
7.3 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your brand, marks, content in connection with the Service(s) through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the marks, brand and content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any marks, brand, content, including feedback, and your right to object to derogatory treatment of such marks, brand, content.
8.1 BaconPay PROVIDES THE SERVICES, DATA, AND ALL RELATED COMPONENT AND INFORMATION "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BaconPay MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT BaconPay DOES NOT WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE(S), AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM BaconPay SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION ON LIABILITY
9.1 IN NO EVENT WILL BaconPay BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE TERMS OR YOUR USE OR ACCESS OF THE SERVICE(S), DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BaconPay WITH RESPECT TO THE TERMS OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE(S), DATA.
Other Applicable Agreements
10.1 You and your Application must also comply with the following, which are hereby incorporated by reference:
10.1.1 Terms of Service
10.1.3 List of Risks
10.1.4 Any other terms available on the Website
10.2 In the event of any conflict between the content in this document and the above documents, this document controls your use of the Service(s).
11.1 You agree to defend, hold harmless and indemnify BaconPay, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Service(s) or Data, use of BaconPay Materials, or violation of the Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
12.1 Assignment：You shall not assign the Terms without the prior written consent of us. Any assignment or transfer in violation of this section shall be null and void. We may assign the Terms to an affiliate. Subject to the foregoing, the Terms, and the rights and obligations of the Parties hereunder, shall be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives.
12.2 Language：Where BaconPay has provided you with a translation of the English language version of the Terms or any document referenced in the Terms, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
12.3 Entire Agreement：The Terms, including any documents incorporated into the Terms by reference, constitute the entire agreement between you and BaconPay regarding the subject matter of the Terms and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Terms.
12.4 Severability：If any provision of the Terms is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.
12.5 Modification of the Terms：We may modify the Terms at any time by posting a revised version on the Website. The modified terms shall become effective upon posting. It is your responsibility to check the Website regularly for modifications to the Terms. The Terms was last modified on the date listed at the beginning of the Terms.
12.6 Governing Law and Dispute Resolution
12.6.1 The Terms will be governed by and construed and enforced in accordance with the laws of Republic of Seychelles, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
12.6.2 You agree that the laws of Republic of Seychelles, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement or the Services. You agree that all claims and disputes can be litigated only in the courts in Republic of Seychelles and you and the Company each agree to personal jurisdiction in those courts.
12.6.3 Any Dispute is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Electronic Communications：You agrees and acknowledges that all agreements, notices, disclosures and other communications that we provide you pursuant to the terms or in connection with or related to your use of the Service(s), may be provided by BaconPay, in its sole discretion, to you, in electronic form including without limitation by：
13.3 Electronic Communications provided by posting on the Website will be effective upon posting and Notices provided by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address when we send the email, whether or not you actually receives or reads the email.
13.4 Any communication that you provide to BaconPay must be in the English language and delivered to us by email (firstname.lastname@example.org). Such Notices will be effective one business day after they are sent.