Terms & Conditions

May 21, 2018 |

Welcome to the Augmate Corporation (“Augmate”) website at https://www.augmate.io (referred to herein, including all content under the “augmate.io” domain name, as the “Website”). Please carefully read these terms and conditions (the “Terms and Conditions”) that govern your access to and use of the Website. These Terms and Conditions apply to all users of the Website. If you do not agree to these Terms and Conditions, please do not use the Website.

By using and/or visiting the Augmate Website, you represent that you have read, understand, and agree to these Terms and Conditions, as well as our privacy policy published at https://www.augmate.io (“Privacy Policy”) and incorporated herein by reference. These Terms and Conditions, and the Privacy Policy are subject to the provisions of the General Data Protection Regulation (“GDPR”) and other applicable privacy laws. Augmate agrees that under the GDPR, Augmate is a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and Augmate will take commercially reasonable steps to maintain compliance with GDPR requirements.

Augmate reserves the right to change, modify, add to, or otherwise alter these Terms and Conditions at any time, or to change or discontinue any aspect or feature of the Website without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review the Terms and Conditions periodically to be aware of such revisions. Your use of the Website after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions. Notwithstanding the foregoing, we will notify you via email with respect to any changes in the Privacy Policy, if you have provided your email address to us.

1. Website Access

A. Augmate hereby grants you permission to access and use the Website provided that: (i) your use of the Website is solely for your personal use; (ii) except in your normal, personal use of the Website, you will not copy or distribute any part of the Website without Augmate’s prior written authorization; and (iii) you will not alter or modify any part of the Website.

B. You may be asked to provide personal and/or financial information to Augmate in order to use certain areas of the Website, or to connect with Augmate on our Contact page. In doing so, you agree that you will provide accurate and complete information.

C. You agree not to use or launch any automated system (including without limitation, “robots,” “spiders,” “offline readers,” etc.) that accesses the Website in a manner that sends more request messages to the Website servers than a human can reasonably produce using a conventional web browser. Notwithstanding the foregoing, Augmate grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Augmate reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any Personally Identifiable Information (“PII”) from the Website, nor to use the Website for any commercial solicitation purposes.

2. Rules of Conduct

As a condition of your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. In accessing or using of the Website, you shall comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. By way of example, and not limitation, you agree not to:

  • Post, transmit, or otherwise make available through or in connection with the Website:

    • Any information or materials that are: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing any third party copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;

    • Any material that would give rise to criminal or civil liability; that encourages criminal conduct; or that provides instructional information about illegal activities or activities such as “hacking” or “cracking;”

    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;

    • Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation not expressly approved in writing by Augmate;

    • Any PII of another individual, without the prior consent of such individual; or

    • Any material, non-public information about a company, without the proper authorization to do so.

  • Use the Website for any fraudulent or unlawful purpose;

  • Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Website;

  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Augmate endorses any statement you make;

  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;

  • Remove any copyright, trademark or other proprietary rights notice from the Website;

  • Frame or mirror any part of the Website;

  • Create a database by downloading and storing Website content;

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content; or

  • Circumvent, disable or otherwise interfere with security-related features of the Website.

3. Intellectual Property Rights

A. All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are the property of Augmate, its affiliates, partners or licensors, and are protected by United States and international laws, including laws governing copyrights and trademarks. You agree that you will not reproduce or any of the Content unless specific permission is provided by Augmate. You understand that any unauthorized use of the Website may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.

B. The trademarks, service marks, logos and other indicia that appear on the Website (collectively the “Marks”) are registered and unregistered marks of Augmate and others. Nothing contained on the Website grants, by implication or otherwise, any right, license or title to any of the Marks without the advance written permission of Augmate or such third party as may be appropriate. Augmate expressly reserves and retains all rights in the Marks. You agree to refrain from any misuse of any of the Marks.

C. Augmate reserves all rights not expressly granted in and to the Website, Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

4. Submissions

A. You agree that all inquiries, feedback, suggestions, ideas or other information you provide Augmate via the Website (collectively, “Submissions”) are non-proprietary and non-confidential to you. By transmitting or posting any Submission to the Website, you hereby grant Augmate full ownership of the Submission as if Augmate had created, developed and posted the Submission for its own purposes. You agree that Augmate has the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and Augmate may use your Submissions for any purpose without payment of money or any other form of consideration.

B. You are solely responsible for your Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Augmate to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions as it wishes in its sole discretion; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and to permit Augmate to use the Submissions as it wishes in its sole discretion. You agree to indemnify Augmate for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

5. Links to Third Party Websites

A. For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. For example, Augmate provides links to various social media sites including Telegram, Twitter, LinkedIn, Facebook and Instagram. Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of Augmate. Augmate does not make any representations or warranties concerning such websites. Augmate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Augmate cannot censor or edit the content of any third-party site. Therefore, Augmate makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Your linking to or from any off-site pages or other websites is at your own risk. By using the Website, you expressly relieve Augmate from any and all liability arising from your use of any third-party website. Accordingly, Augmate encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

B. Augmate also provides links to the ComplyAPI services of CoinList, a third party, for the purposes of verifying accredited investor status and conducting Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) checks. When you click on the CoinList “Sign Up” buttons on the Website, you will be redirected to the ComplyAPI website, where you may be requested to create an account and provide personal information. Please read and agree to the ComplyAPI Terms of Service and Privacy Policy before providing any personal information. You agree that Augmate is not responsible for the ComplyAPI Terms of Service or Privacy Policy, or ComplyAPI’s compliance with GDPR and other privacy laws. Under the GDPR, CoinList is a Data Controller of your Personal Data as a Data Subject.

6. Warranty Disclaimer and Limitation of Liability

A. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE AUGMATE WEBSITE IS AT YOUR SOLE RISK. NEITHER AUGMATE NOR ANY AFFILIATED ORGANIZATION NOR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “AUGMATE PARTIES”) WARRANT THAT THE AUGMATE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AUGMATE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY CONTENT OR SERVICE PROVIDED THROUGH THE AUGMATE WEBSITE. THE AUGMATE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

B. IN NO EVENT WILL AUGMATE, THE AUGMATE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE AUGMATE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY INDEMNIFICATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE AUGMATE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE AUGMATE WEBSITE.

C. NEITHER AUGMATE NOR THE AUGMATE PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE AUGMATE WEBSITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE. THE AGGREGATE, TOTAL LIABILITY OF THE AUGMATE PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE AUGMATE WEBSITE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE DOLLAR ($1).

D. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Augmate’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

7. Indemnity

You agree to defend, indemnify and hold harmless Augmate, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.

8. Ability to Accept Terms and Conditions

It is our and your intent that these Terms and Conditions constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

9. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Augmate without restriction.

10. General

A. These Terms and Conditions shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Augmate that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms and Conditions, together with the Privacy Notice, shall constitute the entire agreement between you and Augmate concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Augmate’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Augmate reserves the right to amend these Terms and Conditions at any time and without prior notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. This Agreement is effective until terminated by Augmate. You agree that Augmate, at its sole discretion, may terminate your access to or use of the Website, at any time and for any reason with or without prior notice. Upon any such termination, your right to use the Website will immediately cease. You agree that Augmate shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Augmate reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with the Terms and Conditions. YOU AND AUGMATE AGREE THAT ANY CAUSE OF ACTION THAT YOU BRING ARISING OUT OF OR RELATED TO THE AUGMATE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions regarding these Terms and Conditions, please contact us at https://www.augmate.io/contacts.

Copyright © Augmate Corporation. All rights reserved. The Website is the property of Augmate Corporation, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.