These Terms of Service constitute a binding agreement between yourself and Stackseer Technologies Pte. Ltd., a limited liability company registered in Singapore with Company Registration Number 201837740N (“Merkle Science,” “we,” or any subsidiaries, including, but not limited to Merkle Science Americas, Inc.)
The terms and conditions set out here (the “Terms of Service”) apply to and govern your access to and use of Merkle Science website (comprising all webpages located at www.merklescience.com)(collectively, “Merkle Science Solutions”) and the services Merkle Science Solutions offers in relation thereto, including but not limited to Merkle Science intelligence reports such as the Enhanced Due Diligence Report and Know Your Blockchain Business Report and related services (each, a “Service” and collectively, the “Services”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on Merkle Science Solutions or in connection with our provision of the Services (collectively referred to as the “Content”). Your access to and use of Merkle Science Solutions and the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein.
If you do not accept any part of these Terms of Service, please discontinue your access to and use of Merkle Science Solutions and the Services immediately.
Clause headings do not affect the interpretation of these Terms of Service.
Unless the context otherwise requires, words in the singular shall include the plural version and in the plural shall include the singular version. Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
Confidential Information includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, put in writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party, or which is independently developed by the receiving party without the use of Confidential Information.
We may from time to time at our sole discretion amend the Terms of Service without being obliged to notify you in advance. You are responsible for checking this page periodically for changes to these Terms of Service. Your continued use of the Merkle Science Solutions and/or the Services following such amendments to the Terms of Service is indicative of your agreement to be bound by such amendments.
The Services that we provide are always evolving. The form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you specifically or to users generally without prior notice. We also retain the right to create limits on your access to or use of the Services at our sole discretion at any time and without prior notice to you.
We make no representations, warranties, or guarantees, whether express or implied, that our Services or any Content is accurate, complete, entirely free from error, or up to date, and are not liable for any errors or discrepancies in the Services or Content.
In order to access and use Merkle Science Solutions, the Services, or the Content, you may be required to create a password-protected account. We may ask you to provide us with certain personal information to open your account or in the course of your use of Merkle Science Solutions or the Services generally. You are solely responsible for any and all activities that occur under your account, whether or not authorized by you and are responsible for maintaining the security of your account. You should refrain from sharing your account details or your password with others. You will notify Merkle Science immediately upon learning of any unauthorized use of your account or any other breach of security. Merkle Science’s (or its wholly-owned subsidiaries) support staff may, from time to time, log in to your account in order to maintain or improve service, including to provide you assistance with technical or billing issues.
You are responsible for ensuring that it is lawful for you to access and use Merkle Science Solutions and Services, and that you do so in full compliance with all applicable laws and regulations. We reserve the right at all times to refuse any order to merge, suspend or terminate your use of or access to Merkle Science Solutions or the Services at our discretion, and without any liability or obligation to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of Merkle Science Solutions, its users, and the public.
We do not guarantee that Merkle Science Solutions, the Services, or any Content will always be available on an uninterrupted basis. We may suspend, withdraw, discontinue, or change all or any part of Merkle Science Solutions, the Services, or any Content, or access to the same, without providing you with prior notice. We will not be liable to you if, for any reason, Merkle Science Solutions, the Services, or any Content are unavailable for any period of time.
While accessing or using Merkle Science Solutions, the Services, or any Content, you may not:
Merkle Science Solutions will report any such breach to the relevant law enforcement authorities and will co-operate fully with them in addressing the breach. This may include disclosing your identity to them. In the event of such a breach, your right to use access and use Merkle Science Solutions and the Services will cease immediately.
If you use Merkle Science Solutions or the Service on behalf of a Third Party or a third party otherwise uses Merkle Science Solutions or the Service through your account, whether or not you are authorized by Merkle Science to do so, you represent and warrant that you are authorized to act on behalf of, and bind to this Terms of Service, the third party to all obligations that you have under this Terms of Service. Both yourself and the third party you represent will be considered to have agreed to and be bound by these Terms of Service, and all references to “you” in these Terms of Service will be to yourself and the third party you represent, unless the context requires otherwise.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent, except for the purpose of performing its obligations under this Terms of Service or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Merkle Science owns and retains all proprietary rights in Merkle Science Solutions and the Services. Merkle Science Solutions contains proprietary content and information (and, as appropriate, its affiliated parties and licensors) that is protected by copyright and other intellectual property laws. Nothing herein shall be construed as granting any license or right to use the Services or Merkle Science Solutions except as expressly provided herein.
Trademarks, service marks, trade names, and logos used and displayed on Merkle Science Solutions (the “Trademarks”) are registered and unregistered trademarks of Merkle Science Solutions’s, its affiliates, or third parties. Nothing on Merkle Science Solutions or in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademarks without the written permission of us or any other applicable trade mark owner.
Your access to and use of Merkle Science Solutions or the Services is at your sole risk. Merkle Science Solutions and all Services provided thereon by Merkle Science Solutions are provided on an “as is” and “as available” basis. Merkle Science Solutions makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability, title, fitness for any particular purpose, non-infringement, and any warranties arising by course of dealing or custom of trade. All other warranties relating to fitness for purpose, quality, or condition of Merkle Science Solutions or the Services implied by statute or common law are excluded to the fullest extent permitted by law.
Products, services, or content on Merkle Science Solutions may originate from a third party. Merkle Science Solutions does not endorse, warrant, or otherwise guarantee any such product, service, or content, and is not and will not be deemed to be a party to any transaction between you and any third party.
Without limiting the generality of the foregoing, in no event will Merkle Science Solutions or any of its affiliates, employees, directors, officers, or agents be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damage, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort). Such loss or damage includes, without limitation, damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with Merkle Science Solutions or the Services, even if Merkle Science Solutions or any of its affiliates or suppliers has been advised of the possibility of such damage.
You acknowledge and agree that you will exercise and rely solely on your own skill and judgment in accessing and using Merkle Science Solutions and the Services, and that you are responsible for ensuring that your use of the information, Products, and/or Services complies with all applicable legal requirements.
To the extent permitted by applicable law, you agree to fully indemnify, hold harmless and defend Merkle Science, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, and agents (collectively, the “Indemnified Parties”) from and against all claims, damages, and losses (including any direct, indirect, or consequential losses, and legal and other professional costs and expenses) suffered or incurred by the Indemnified Parties in connection with any claim arising out of or in connection with your use of Merkle Science Solutions or the Services. You will cooperate as fully as reasonably required in the defense of any claim. You agree that Merkle Science Solutions may, if it desires to, participate in or assume exclusive control of the defence of any claim or action, or any negotiations for settlement, at its own expense. Merkle Science Solutions will notify you in either such event. No settlement that may adversely affect Merkle Science Solutions’s rights or obligations shall be made without Merkle Science Solutions’s prior written consent, which may be withheld provided that such withholding is not unreasonable.
Links on Merkle Science Solutions may take you to external sites or services that are not owned by, under the control of, or affiliated to Merkle Science Solutions. Unless the contrary is expressly stated on Merkle Science Solutions, Merkle Science Solutions does not endorse or make any representations about these sites or services. You acknowledge and agree that Merkle Science Solutions is not responsible for the accuracy or availability of the information on, or the security of, such sites, as well as for any loss or damage you may incur as a result of accessing those sites or services. You access, visit, or use any external sites or services to which Merkle Science Solutions links entirely at your own risk.
If any provision of these Terms of Service is found to be invalid, void or unenforceable, the provision will be modified or read down to the extent necessary to avoid that result. If the provision cannot be modified or read down to that extent, it will be severed without affecting the validity and enforceability of the remainder of these Terms of Service.
No failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law will constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
The Terms of Service will continue to apply until terminated by either you or us under any of the following circumstances.
In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Service shall remain in full force and effect.
These Terms of Service shall be governed by, and are to be construed in accordance with, the laws of the Republic of Singapore. You agree to submit all disputes arising out of or in connection with these Terms of Service to the exclusive jurisdiction of the Singapore courts.