Terms and Conditions

1. Terms and Conditions

By using our website, application, APIs and all related sites and/or services (collectively, the “Platform”), you agree to these Terms of Use. The Platform Privacy Policy (where applicable) are incorporated by reference into these Terms of Use.

These Terms of Use are an agreement between you and CYCLUNO INC (‘The Company’). It details our obligations to you. It also highlights certain risks in using the services and you must consider such risks carefully as you will be bound by the provisions of this Agreement through your use of this Platform or any of our services

2. Acceptance of Terms of Use

By accessing, visiting, or using the Platform, you accept and agree to be bound by the Terms. Please read carefully. Further, you shall be subject to any additional terms of use that apply when you use certain products or posted guidelines or rules applicable to our Services, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.

ANY ACCESS, USE OR PARTICIPATION IN THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

3. Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with the Company and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

4. Eligibility

By using the Services, you represent that:

1. You have attained the age of 18 years;
2. You are of sound mind and have the capacity to enter into a legally binding contract;
3. All personal information that you provide about yourself is accurate and true to the best of your knowledge; and you have the responsibility to maintain the accuracy of the information at all times.
4. You have carefully considered the risks involved with using the Services; and
5. Your use of the Services does not violate any applicable law or regulation.

5. Access and Use of our Service

6. Identity verification

You may be required to provide government-issued identification or other verification information as required under applicable laws and our compliance obligations, which may include KYC and AML checks depending on your jurisdiction. Accepted documents may vary based on location and applicable regulations

7. Account protection

You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account, you must notify us immediately via email at business@testifyltd.com. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

8. Account termination

If you wish to terminate your account, you may simply discontinue the use of our Services by ceasing to use the Services. Upon termination, your right to use the Services will immediately cease.

We may terminate or suspend access to the Platform immediately, without prior notice or liability to you, for any reason whatsoever, including without limitation if you breach these Terms or any of the other agreements we may have.

We also reserve the right to terminate your account where these Terms are breached, unlawful or abusive activity is detected, or where required by law. This shall be without prejudice to our rights to make a report to law enforcement.

Consequently, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide communications to you.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Fees and Subscriptions

Certain Services require payment of fees. Pricing, billing cycles, and usage limits are disclosed at sign-up or in a separate commercial agreement. Fees are non-refundable except where required by law.

10. Intellectual Property Protection

Subject to your compliance with these Terms, The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any content made available on or through the Services and accessible to you, solely for the uses authorized by these Terms and any other Agreement incorporated into these Terms.

The Services, entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on all our platforms and channels, are owned by the Company, its licensors or other providers of such material and are protected by the laws of the United States of America, including federal and state intellectual property laws, and applicable international treaties. The content/material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of The Company, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

You may use the Platform solely for the purposes authorized and/or to learn about our products and services, and solely in compliance with these Terms; provided that you do not remove any proprietary notice language in our content or part thereof, do not copy or post such content or part of content to any networked computer or broadcast it in any media, make no modifications to any such content or part of content and not make any additional representations or warranties relating to the Services or/and The Company’s products or/and services.

11. Prohibited use of the Platform

By using the Platform, you agree that you will not:

• use any of the Services in violation of these Terms;
• copy, modify, create a derivative work from, reverse engineer or reverse assemble the Platform, the App function, or otherwise attempt to discover any source code, or allow any third party to do so;
• use, display, mirror or frame the Content, or any individual element within the Company's Platform, the Company's name, any trademark, logo or other proprietary information belonging to the Company, or the layout and design of any page or form contained on a page in the Platform, without the Company's express written consent;
• dilute, tarnish or otherwise harm the Company's brand in any way, including through unauthorized use of our Content, registering and/or using the 'CYCLUNO' name or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the Company's domains, trademarks, taglines, promotional campaigns or Content;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Services or any part thereof;
• Use any page-scrapes, 'robots', 'spiders', or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or the Application.
• Use the Services in any manner that damages, disables, overburdens, or impairs the Services or interferes with any other party's use and enjoyment of any of the Services;
• Utilize the Services for any illegal purpose;
• Attempt to gain unauthorized access to any of the Services;
• Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or breach the security or authentication measures on the Platform or any network connected to the Platform;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or any systems or networks connected to the Platform;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Services.
• Use our Platform or any of our Services to trade, hedge, or otherwise take advantage of the fluctuations between currencies. You also agree that you will not participate in any forex-related activities that will abuse, impair the delivery of our Services or interfere with our or any other person's use and enjoyment of any of the Services.

We reserve the right to restrict your account indefinitely and explore all reasonable options to recover our funds, if your account is flagged for being involved in any of the above-mentioned activities.

12. Third-party services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party Platforms or services ('Third-Party Services'). Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

13. Disclaimer & Limitations of liability

To the maximum extent permitted by applicable law, the Company disclaims any and all representations, warranties and conditions relating to the Services and the use of the Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PLATFORM AND THEIR CONTENT FOR ANY PURPOSE. THE SITE, APP AND THEIR CONTENT ARE DELIVERED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. IN NO EVENT SHALL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING ANY OR ALL OF THE AFFECTED SERVICES.

Without prejudice to the foregoing provisions, your use of our site and services is at your own risk. You agree that the Company will no way be liable for (a) any direct, indirect, special, incidental punitive, consequential, punitive, special or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or (including, without limitation, those damages resulting from revenue loss of revenues, lost profits, profit loss of, use, data, goodwill, loss of use , business interruption, or any other intangible losses), (whether the Company has been advised of the possibility of such damages or not) arising out of or in connection with the Company’s Platform or services (including, without limitation, use, to inability to use, or arising from the results of use of the Company’s Platform or services) whether such damages are based on warranty, tort, contract, statute, or any other legal theory.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Some jurisdictions do not allow certain limitations or exclusions of liability. Where such laws apply, these limitations shall apply to the maximum extent permitted by law.

14. Updates, Modifications & Amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our Platform and/or services immediately.

15. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.

16. No Fiduciary Relationship

Nothing in these Terms creates any fiduciary, partnership, agency, or trustee relationship between CYCLUNO and any user. CYCLUNO does not act as a trustee, custodian, or fiduciary in respect of user funds or savings group activities.

17. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict-of-laws principles.

18. Dispute Resolution

The Parties shall first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiations. Nothing in this clause shall prevent either Party from seeking injunctive or equitable relief in any court of competent jurisdiction where necessary to prevent irreparable harm.

19. Class Action Waiver

To the fullest extent permitted by law, you agree that disputes against the Company shall be brought in an individual capacity only and not as part of a class, collective, or representative action.

20. Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

21. Assignment

This agreement is a personal agreement between the Company and you. As a result, you are not allowed to assign your rights under this agreement to a third party. On the other hand, we can and will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this will not have a significant negative effect on your rights under these Terms or if we need to do so to meet any legal or regulatory requirement.

22. Waiver

Our failure or delay in enforcing any of our rights under these terms, if you have broken the agreement, does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by applicable law.

23. Privacy Policy

You agree to the Company's Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.