1. Introduction

Vivid IoV Labs Ltd (company number 12452820) (Vivid / we / our / us) operates the Website and the Peerkat solution and any software, applications, computer programs, products, codes, printed materials and online documentation provided by Peerkat (Peerkat Solution).

Our registered office is at Innovation Labs, Wharfside House, Stowmarket, England, IP14 1RD. To contact us, please email support@peerkat.io.

We recommend that you print a copy of these terms of use for future reference as they govern your use of the Website and/or the Peerkat Solution.

These terms of use refer to the following additional terms, which also apply to your use of Website and/or Peerkat Solution:

• Our Privacy Notice which sets out the terms on which we process any personal data we collect from you, or that you or a third party provide to us. It also sets outs information about the cookies on the Website and/or Peerkat Solution.

Disclaimer

Any financial transactions that you engage in using the Peerkat Solution will be conducted solely through the XRPL network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website or the Peerkat Solution, or using the Smart Contracts, or any other transactions that you conduct via the XRPL network.

2. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@peerkat.io.

3. Children

The Peerkat Solution is not intended for and may not be used by people under the age of 18. If the Customer or User is under the age of 18, he / she must stop using the Peerkat Solution immediately.

4. Prohibited use

You may use the Website and the Peerkat Solution only for lawful purposes. You may not use the Website and the Peerkat Solution:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our data collection standards as set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of the Website and the Peerkat Solution in contravention of the provisions of these terms of use.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of the Website and the Peerkat Solution;
  • any equipment or network on which Website and the Peerkat Solution is stored;
  • any software used in the provision of the Website and Peerkat Solution; or
  • any equipment or network or software owned or used by any third party.

5. Interactive services 

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for you (and in particular, for children) from third parties when they use any interactive service provided on the Website or the Peerkat Solution, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website and the Peerkat Solution, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by you in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

6. Content standards 

Any data, comments, information or material that you input, contribute or link to the Peerkat Solution (Data) must comply with the content standards, which must be complied with in spirit as well as to the letter, set out below.

We will determine, in our discretion, whether the Data breaches the data standards.

Data must comply with the law applicable in England and Wales and in any country from which it is inputted, contributed or linked. Data must comply with the Advertising Standards Authority (ASA) UK Advertising Codes.

Data must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any intellectual property rights, including, but not limited to copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Data emanates from Vivid, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

You warrant that the Data does comply with the above mentioned data collection standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You acknowledge that Data may be public or non public depending on your use of the Peerkat Solution.

We will do our best to assess any possible risks resulting from Data, but we are under no obligation to monitor any Data inputted or linked to the Peerkat Solution, and we expressly exclude our liability for any loss or damage arising from the use of the Peerkat Solution by a user in contravention of our data collection standards, whether the Peerkat Solution is monitored or not.

The Peerkat Solution will, and the Website may, include information and materials uploaded by other users of the Peerkat Solution or the Website, including Data. This information and these materials have not been verified or approved by us. Any views expressed by users of the Website or Peerkat Solution do not represent our views or values.

We also have the right to disclose your identity to any third party who is claiming that any Data posted or uploaded by you to the Website or the Peerkat Solution constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Data posted or uploaded to the Website or the Peerkat Solution if, in our opinion, the Data does not comply with these content standards.

If you wish to complain about information and materials uploaded by other users please contact us on support@peerkat.io.

7. We do not guarantee that the Website and Peerkat Solution will be secure or free from bugs or viruses.

We are not responsible for viruses and you must not introduce them.

You are responsible for configuring your information technology, computer programs and platform to access to the Website or the Peerkat Solution. You should use your own virus protection software.

You must not misuse the Website or the Peerkat Solution by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Peerkat Solution, the server on which the Website or the Peerkat Solution are stored or any server, computer or database connected to the Website or Peerkat Solution. You must not attack the Website or the Peerkat Solution via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website or the Peerkat Solution will cease immediately.

8. Intellectual property rights

You retain all of your ownership rights in Data resulting from your use of the interactive services, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, store and copy that content.

We are the owner of all intellectual property rights in the Website and the Peerkat Solution, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website and Peerkat Solution for your personal use and you may draw the attention of others within your organisation to content posted on the Website and Peerkat Solution.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website and Peerkat Solution must always be acknowledged.

You must not use any part of the content on the Website and Peerkat Solution for commercial purposes without obtaining written permission to do so from us.

If you print off, copy or download any part of the Website and/or Peerkat Solution in breach of these terms of use, your right to use the Website and/or Peerkat Solution will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on the Website and the Peerkat Solution

The content on the Website and Peerkat Solution is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website and Peerkat Solution.

Although we make reasonable efforts to update the information on the Website and Peerkat Solution, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website and Peerkat Solution is accurate, complete or up to date.

10. We are not responsible for third party links

Where the Website or Peerkat Solution contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

You may link to the Website and the Peerkat Solution, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website or the Peerkat Solution in any website that is not owned by you.

The Website or the Peerkat Solution must not be framed on any other site, nor may you create a link to any part of the Website or the Peerkat Solution other than the homepage.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

If you wish to link to or make any use of content on the Website or the Peerkat Solution other than that set out above, please contact support@peerkat.io.

11. Breach of these terms of use

When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use is a material breach of the terms of use upon which you are permitted to use the Website and the Peerkat Solution, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the Website and/or the Peerkat Solution.
• immediate, temporary or permanent removal of any data uploaded by you to the Peerkat Solution.
• issue of a warning to you.
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• further legal action against you.
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

12. Suspending or withdrawing the Website and/or Peerkat Solution

The Website and/or Peerkat Solution is made available free of charge to Users.

We do not guarantee that the Website or Peerkat Solution, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website or Peerkat Solution for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Website and/or Peerkat Solution through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

13. Our responsibility for loss or damage suffered by you 

Whether you use the Website and/or Peerkat Solution for non-commercial or commercial purposes: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you use the Website and/or Peerkat Solution for commercial purposes:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Website and Peerkat Solution or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Website or Peerkat Solution; or
  • use of or reliance on any content displayed on the Website or Peerkat Solution.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • loss of business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
    any indirect or consequential loss or damage.

If you use the Website and/or Peerkat Solution for non-commercial purposes:

• Please note that we only provide the Website and Peerkat Solution for domestic and private use. You agree not to use the Website and/or Peerkat Solution for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Governing law and jurisdiction

If you use the Website and/or the Peerkat Solution for non-commercial purposes, please note that these terms of use, its subject matter and its formation are governed by English law. We both agree to the jurisdiction of the courts of England.

If you use the Website and/or the Peerkat Solution for commercial purposes, the terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the jurisdiction of the courts of England.

15. Changes to these Terms of Use, the Website and the Peerkat Solution

We amend these terms from time to time. Every time you wish to use the Website and/or the Peerkat Solution, please check these terms of use to ensure you understand the terms that apply at that time.

We may update and change the Website and the Peerkat Solution from time to time, to reflect changes in relevant laws and regulatory requirements, or make improvements or enhancements to them.

16. Contests, sweepstakes and promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website and the Peerkat Solution may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.

17. How to contact us

Questions, comments and requests regarding these terms of use are welcomed and should be addressed to Vivid IoV Labs Ltd at Innovation Labs, Wharfside House, Stowmarket, England, IP14 1RD or by email to support@peerkat.io.

These terms of use were last updated on 2 February 2022.