Terms & Conditions

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and ("Company," "we," "us," or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and “us” the nound Kinder/ Thomas GbR referred to as “nound”. By accessing the Site, you signify your agreement to be bound by all of these Terms of Use. In the event that you do not agree to all of these Terms of Use, you are expressly prohibited from using the Site and must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Nound reserves the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Notifications of any changes will be made by updating the "Last updated" date of these Terms of Use, and by doing so, the reader waives any right to receive specific notice of each such change. It is the responsibility of the reader to check the applicable Terms every time they use the Site so that they understand which Terms apply. Continued use of the Site after the date of any such revised Terms of Use will be deemed to be an acceptance of the changes.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is the property of nound and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the The trademarks, service marks, and logos contained therein (the "Marks") are either owned or controlled by, licensed to us or are used within the scope of a permitted API use, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Germany, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever except where such use is expressly permitted by a “share” feature or allowed by prior written permission.

Provided that the user is eligible to use the Site, a limited licence is granted to access and use the Site and to download or print a copy of any portion of the Content to which the user has properly gained access solely for personal, non-commercial use. The Site, the Content, and the Marks remain the intellectual property of the Site proprietors, who reserve all rights not expressly granted to the user.

3. USER REPRESENTATIONS

By using the Site, the user represents and warrants that: (1) that you have the legal capacity and agree to comply with these Terms of Use; (2) that you are not a minor in the jurisdiction in which you reside; (3) that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) that you will not use the Site for any illegal or unauthorised purpose; and (5) that your use of the Site will not violate any applicable law or regulation. In the event that any information provided by the user is found to be untrue, inaccurate, not current, or incomplete, the website reserves the right to suspend or terminate the account in question and to refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

The Site may not be accessed or used for any purpose other than that for which it is made available by the website. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by nound. As a user of the Site, you agree not to:systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

In order to ensure the optimal functioning of the website, it is imperative that users refrain from circumventing, disabling, or otherwise interfering with its security-related features. This includes features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein. Furthermore, users are expected to refrain from disparaging, tarnishing, or otherwise harming, either in their own opinion or in the opinion of the website, either the website itself or the content contained therein.Finally, users are expected to refrain from using any information obtained from the website in order to harass, abuse, or harm another person.

The utilisation of our support services in an improper manner or the submission of false reports of abuse or misconduct is strictly prohibited.The Site must not be used in a manner that is inconsistent with any applicable laws or regulations. Authorized framing or linking to the Site is strictly forbidden.

The uploading or transmitting of viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), is prohibited, as is any interference with any party's uninterrupted use and enjoyment of the Site or modification, impairment, disruption, alteration, or interference with the use, features, functions, operation, or maintenance of the Site.

Engagement in any automated use of the system is similarly proscribed, including the use of scripts for the purpose of sending comments or messages, or the use of data mining, robots, or similar data gathering and extraction tools.The deletion of the copyright or other proprietary rights notice from any content is also required.Attempts to impersonate another user or person, or the use of another user's username, are similarly prohibited.

The uploading or transmitting (or the attempt to upload or transmit) of any material that functions as a passive or active information collection or transmission mechanism is similarly proscribed, and this includes, but is not limited to, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

Interference with, disruption of, or creation of an undue burden on the Site or the networks or services connected to the Site is similarly proscribed. Harassment, annoyance, intimidation, or threats directed towards any of our employees or agents engaged in the provision of any portion of the Site to you are also not permitted.Attempts to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, are similarly prohibited.

The duplication or adaptation of the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, is strictly prohibited.

With the exception of what is permitted by applicable law, the deciphering, decompiling, disassembling, or reverse engineering of any software comprising or in any way making up a part of the Site is strictly forbidden.

The use of automated systems, such as spiders, robots, cheat utilities, scrapers, or offline readers, is strictly prohibited, except as may be the result of standard search engine or Internet browser usage. This includes the use, launch, development, or distribution of any such automated system that accesses the Site. The use of any unauthorised script or other software is also strictly forbidden.

The use of a buying agent or purchasing agent to make purchases on the Site is also strictly prohibited.

The utilisation of the Site for any unauthorised purposes, including the collection of usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or the creation of user accounts by automated means or under false pretenses, is strictly prohibited.

The use of the Site as part of any effort to compete with us or for any other purpose that generates revenue is strictly prohibited.

5. USER GENERATED CONTRIBUTIONS

The Site does not offer users the opportunity to submit or post content, but we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). It should be noted that these contributions may be viewable by other users of the Site and through third-party websites. Consequently, any contributions transmitted by users may be subject to the Site's Privacy Policy. When users create or make available any contributions, they thereby represent and warrant that:

Firstly, the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Furthermore, the contributor must be the creator and owner of the content, or must have the necessary licences, rights, consents, releases, and permissions to use and to authorise the Site and other users of the Site to use the content in any manner contemplated by the Site and these Terms of Use.
Furthermore, you must have the written consent, release, and/or permission of each identifiable individual person in your contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the site and these Terms of Use.

Additionally, your contributions must be accurate and not false or misleading.
Your contributions must not be unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.Your contributions must not be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).Your contributions must not ridicule, mock, disparage, intimidate, or abuse anyone.
Furthermore, contributions must not be used to harass or threaten any individual within the legal sense of these terms, nor must they promote violence against any specific person or class of people. Contributions must not violate any applicable law, regulation, or rule. Contributions must not violate the privacy or publicity rights of any third party, nor must they violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Furthermore, contributions must not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

Contributions must not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of rights to use the Site.

6. CONTRIBUTION LICENSE

The contributor and the Site agree that the terms of the Privacy Policy and the choices made by the contributor (including settings) govern the access, storage, processing and use of any information and personal data provided by the contributor. By submitting suggestions or other feedback regarding the Site, the contributor agrees that the Site may use and share such feedback for any purpose without compensation to the contributor. The Site does not assert any ownership over the contributor's contributions. The contributor retains full ownership of all contributions and associated intellectual property rights. The Site is not liable for any statements or representations in contributions provided in any area on the Site. Contributors are solely responsible for their contributions and agree to exonerate the Site from all responsibility and to refrain from legal action.

7. SUBMISSIONS

The individual acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the individual. By submitting these Submissions, you warrant that they are original and that you have the right to submit them. You agree that you will not hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any individual who, in our sole discretion, violates the law or these Terms of Use, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while the Site is utilised. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) DRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

We reserve the right to terminate your use of the Site or to delete any content or information that you have posted at any time, without warning, at our sole discretion. In the event that we terminate or suspend your account, you are prohibited from registering for and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Furthermore, we reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times, due to the possibility of experiencing hardware, software, or other problems or needing to perform maintenance related to the Site, resulting in interruptions, delays, or errors. The Site may be subject to change, revision, update, suspension, discontinuation, or other modification at any time and for any reason without prior notice. You acknowledge that we shall not be held liable for any loss, damage, or inconvenience that may be incurred as a result of your inability to access or use the Site during any period of downtime or discontinuance.

Furthermore, it is imperative to note that the Terms of Use in question shall not be interpreted as obliging the entity responsible for the Site to maintain and support it, nor as obliging them to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

The Terms in question are governed by and defined following the laws of Germany, and the individual concerned irrevocably consents that the courts of Berlin shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one.The seat, or legal place, of arbitration shall be the headquarters of the International Commercial Arbitration Court.The language of the proceedings shall be French.The governing law of the contract shall be the substantive law of France.RestrictionsThe Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, the following provisions shall apply:(a) No arbitration shall be joined with any other proceeding.(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. In the event that this provision is deemed to be in violation of the law or incapable of enforcement, neither Party shall elect to submit any Dispute falling within that portion of this provision deemed to be illegal or unenforceable to arbitration. Instead, such Dispute shall be adjudicated by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

It should be noted that the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. You hereby agree that your use of the Site and our services is at your sole risk. In accordance with the maxim of statutory interpretation that pertains to the context of contracts, the disclaimer by the provider of all warranties, whether they be express or implied, in relation to the website and the user's utilisation of it, is to be considered as exhaustive. This includes, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No warranties or representations are made by us regarding the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and no liability or responsibility is assumed by us for any errors, mistakes, or inaccuracies of content and materials. 2) personal injury or property damage, of any nature whatsoever, resulting from access to and use of the site; 3) any unauthorised access to or use of our secure servers and/or any and all personal or financial information. STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PART Y, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. The responsibility for any product or service promoted or offered by a third party via the site, any hyperlinked website, or any website or platform connected to the site is not accepted by us. This includes any banner or other advertising on the site, and the company will not be a party to or in any way be responsible for monitoring any transaction between the user and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, it is recommended that you use your best judgment and exercise caution where appropriate.15.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Irrespective of any contradictory provisions elsewhere in this text, our liability to you for any cause and regardless of the form of action is limited to the lesser of It should be noted that certain state and international laws may not permit the limitation of implied warranties or the exclusion or limitation of certain damages. In the event that these laws apply to the parties concerned, the aforementioned disclaimers or limitations may not apply, and additional rights may be available.

15. INDEMNIFICATION

The undersigned agrees to defend, indemnify, and hold harmless the following parties from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We shall retain certain data that you submit to the Site for the purpose of managing its performance, as well as data pertaining to your utilisation of the Site. Despite the fact that we perform regular routine backups of data, you shall be solely responsible for all data that you submit or that pertains to any activity you have undertaken using the Site. The user agrees that the company shall not be held liable for any loss or corruption of data, and that the user shall not initiate legal action against the company for any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

nound shall consider any electronic communications, transactions, and signatures to be formal and valid. By engaging with these channels, you consent to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

Furthermore, the utilisation of electronic signatures, contracts, orders, and other records, in addition to the electronic delivery of notices, policies, and records of transactions initiated or completed by the Site, is hereby acknowledged. By engaging with the Site, you relinquish any legal rights or requirements under statutes, regulations, ordinances, or other laws in any jurisdiction that mandate the use of an original signature, the delivery or retention of non-electronic records, or the granting of credits by any means other than electronic means.

19. REFUND POLICY

Unless otherwise stated, all payments for educational programs and courses on nound.io are final and cannot be refunded once the course or program has been accessed.

All tokens purchases are final. For tokens payment must be made up front, and is non-refundable from the moment the order is placed. Also any donations can’t be refunded.

18. MISCELLANEOUS

These Terms of Use, along with any policies or operating rules published by us on the Site or in relation to the Site, represent the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. These Terms of Use are to be interpreted to the fullest extent permissible by law. We reserve the right to assign any or all of our rights and obligations to third parties at any time. The company shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. In the event that any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. Furthermore, the existence of a joint venture, partnership, employment or agency relationship between the parties is not established by these Terms of Use or the use of the Site. The Terms of Use shall not be interpreted against us by virtue of our role as the drafter. By accepting these Terms of Use, you relinquish any and all defences you may have based on the electronic form of these Terms of Use and the absence of signatures from the parties hereto to execute these Terms of Use.

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