Certicos Terms and Conditions - BETA Testing
WHAT AM I SIGNING UP FOR:
This is only an application to be a BETA Tester subject to the Terms and Conditions below which will allow you to upload or create documents and certifications in our document center including sign-off approval. Easily retrievable and saved to the blockchain in a decentralized location using IPFS (Inter Planetary File Storage); for example, Real Estate Closings, Wills & Trust, Certificates of Conformances, Contracts, Appraisals, the list is endless....
Not all applicants will be accepted as BETA Testers; however, if your application is not accepted for BETA Testing you will be notified and be given a bonus (to be determined later depending on demand) for signing up for Certicos services when Certicos goes live after BETA Testing Trials.
IPFS is a decentralized storage system using blockchain technology running on aP2P (Peer to Peer) network using content based addressing. Every file saved has a unique hash, instead of a standard URL location. This hash location is password protected within Certicos for only those parties to the eSignature document retrieval. This makes your file storage security encryption built in, and you must not share this URL hash address on the Blockchain if you would like to maintain security.
Once documents are finalized and added they cannot be altered, only newer versions created with their own unique hash URL address that may reference the original document based on your own system. As a result, we have created the first document system with immutable blockchain storage.
Under BETA Testing, you are only allowed one (1) account. Future versions of Certicos after BETA Testing will have LDAP passwords available and be able to have more than one login as a child under a parent account.
BETA Testers may invite non-BETA testers to use the service as Approvers or Authenticators. Those invitees will not be allowed to be Creators on the Certicos platform until after the trial period unless they also apply to become a BETA tester and are approved; however, they can become a member and use the Cryptocurrency Wallet and any other features.
1.0 Binding Arbitration Clause
By adopting these Terms and Conditions, you agree to an Arbitration Clause that is set forth herein. You agree that all disputes between you and Certicos LLC will be resolved by mandatory Arbitration and you waive all rights for you or any of your agents, subsidiary, or child accounts to participate in a class-action lawsuit and/or a class wide arbitration against Certicos LLC.
The Arbitration section is intended to be interpreted broadly and govern all disputes between you and Certicos LLC. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action you will contact us at legal@certicos.com and provide a written description of the dispute along with your contact information.
If the parties do not reach an agreed-upon solution within a period of forty-five (45) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims.
2.0 Definitions
“CERTICOS Token” means the Cryptocurrency token that Certicos uses to run our Blockchain document generator and is the indigenous cryptocurrency tokens used on the Certicos website to purchase our services. The CERTICOS token is based on BEP20 Contract on the Binance Smart Chain and is available for purchase on the Certicos Website and after an Initial Coin Offering will be available on multiple exchanges. The CERTICOS token can be stored in a Certicos Wallet, a Cold Wallet, or at an exchange that utilizes Certicos tokens.
"Certicos Member" someone who has an active account with Certicos.
“Certicos Wallet” means the Certicos website online wallet that is used to purchase CERTICOS tokens by either swap with other Cryptocurrencies or utilizing Fiat currency with online pay apps.
“Certicos Wallet” means the Certicos website online wallet that is used to purchase CERTICOS tokens by either swap with other Cryptocurrencies or utilizing Fiat currency with online pay apps.
"Certicos Transaction Fee" means the cost in CERTICOS tokens to make the transaction to the Blockchain.
“Creator” means a person or entity that creates an eSignature or any other document in the Certicos website Document Center and is required to have a Certicos Wallet along with a Certicos Storage Plan Certicos.
“Approver” In the case of BETA Testers, this means a person or entity that approves and by that approval permits the document to be placed on the Certicos Blockchain. BETA Testers invite Approvers to use Certicos Services and Platform.
“Envelope” means the actual eSignature document sizing by kilobytes that holds the document that will be placed on the Certicos Blockchain.
"eSignature" means the method within the confines of the Certicos Document Center that is verified by layers of security of the Certicos member.
"eDocument" means the final immutable document that has been saved to the Certicos Blockchain using IPFS Storage and Encrypted URL Address.
3.0 Acceptance of Terms and Conditions
The Services offered by Certicos are subject to your acceptance of these Terms and Conditions that are contained herein; which include all the Privacy Policies, Limitations and Operating Rules and include any changes that may be published from time to time by Certicos related to the services and pricing of the CERTICOS Token.
Subject to the terms set forth herein, Certicos grants you a limited, non-exclusive, non-transferable,revocable license to access and use the BETA Testing Service during the Trial Period. Upon notice to you, Certicos may modify the permitted use of or suspend your access to any BETA Testing Service at any time and for any reason.
4.0 Certicos Pricing Structure and Certicos Wallet Usage Swap and Tranfers
Certicos LLC utilizes a pricing structure based on the pricing of the CERTICOS Token with a fractional equivalency to a US First Class US Postal Stamp by Envelope and is subject to change based on the value of the CERTICOS Token as compared to the US Dollar to the US First Class Envelope. The pricing of the services may increase or decrease depending on the value of the Certicos Token as it is measured on CoinMarket Cap or CoinGecko after the Certicos Token is a traded and measured token on these monitoring sites. Pricing is set by the size of the Envelope for each service transaction. Envelopes are measured by kilobytes which is the size of the document and any attachments.
The following represents the criteria for the CERTICOS token pricing:
(i) The price of one (1) envelope will be initialy set at ten (10) CERTICOS Tokens. This is an equivalency of .058 USD per each CERTICOS Token.
(ii) After Certicos completes an Initial Coin Offering (ICO) the price of the CERTICOS Tokens will fluctuate on the open Cryptocurrency exchange markets.
(iii) CERTICOS Tokens can be transferred in or out of member's Certicos Cryptocurrency Wallet without fees from Certicos, but may incur fees from the Cryptocurrency exchanges.
(iv) CERTICOS Tokens can be purchased or swapped from other Cryptocurrencies inside the member's Cryptocurrency Wallet and incur a 'gas fee' in CERTICOS Tokens for the transfer.
(v) Once the CERTICOS Token is available on other exchanges, CERTICOS Tokens and pricing for purchase on the Certicos platform and in the CERTICOS Wallet will fluctuate and be standardized to a running average of either the daily or weekly pricing of the CERTICOS Token taken from CoinMarketCap or CoinGecko sites as an average to be purchased on the Certicos site platform.
(vi) CERTICOS Tokens may be transferred to other members within Certicos platform and incur a gas fee in CERTICOS for the transaction.
(vii) ALL CERTICOS TRANSACTIONS TO TRANSFER IN OR OUT OF THE CERTICOS PLATFORM REQUIRE ADMINISTRATION APPROVAL TO AVOID MOVING CERTICOS AND MAY REQUIRE MEMBERS ADDITIONAL VERIFICATION PRIOR TO RELEASE OF CERTICOS TOKEN TRANSFERS.
5.0 eDocument Storage
BETA Testers will be given a storage plan and CERTICOS Tokens based on their qualifications as an applicant. Specific details will be sent to each accepted BETA Tester applicant indivudally.
The following represent the criteria for document storage:
(i) Beta Tester Documents will be saved for ninety-days (90) during the trial period and may be downloaded at any time.
(ii) eDocument storage term is determined by the Creator and their selection of storage plans.
(iii) All parties to a document eSignature may download the document after it's completion.
(iv) A document that has received "sign-off" by all parties to the document can not be deleted by the Creator or any other party once written to the Blockchain during it's storage plan tenure.
(v) The document's Blockchain transactional history remains active for the life of Certicos Blockchain even if the document storage is no longer maintained.
(vi) Uncompleted documents will count towards document storage saving.
6.0 Term of BETA Testing Trial Period and Termination
It is expected the BETA Testing Trial Period will last a minimum of thirty (30) days. For continued access and use of the Certicos services, you will need to use as a Creator then purchase a storage plan subject to separate terms and conditions. Your Certicos Member number will remain in place once you sign up with the BETA Testing Trial Period and carry over to your regular membership.
Certicos reserve the right to terminate BETA Trial Testers for perceived abuse of any policies with ten (10) days written notice to allow BETA Testers to remove any documents they may have on the platform.
7.0 Third Party Claims
By your application and if accepted as a BETA Tester as a member, you indemnify Certicos, their affiliates, and each of their respective employees, directors, agents, and representatives (“Indemnified Parties”) from, and defend the Indemnified Parties against, any actual or threatened third-party claim, or legal action or administrative agency action or proceeding (“Claim”) to the extent arising from or related to: (a) any alleged infringement of any third-party intellectual property rights by your data, content or third-party services you obtain and use as part of your use of the BETA Testing Service.
Certicos will give you prompt written notice of a claim and provide reasonable assistance with its defense. You will have sole authority to defend or settle a claim at your expense, provided any such settlement does not impose ongoing obligations on any of the Indemnified Parties.
8.0 Disclaimer of Warranties
THE BETA TESTING SERVICE AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE BETA TESTING ERVICE IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BY NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED,STATUTORY OR OTHERWISE. CERTICOS DOES NOT WARRANT THAT THE BETA TESTING SERVICE WILL FUNCTION WITHOUT INTERRUPTION, IS FREE OF MALICIOUS CODE OR THAT IT IS ERROR-FREE. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA TESTING SERVICE AND/OR ACCOMPANYING MATERIALS. ANY DATA THAT YOU ENTER INTO THE BETA TESTING SERVICE, AND ANY CONFIGURATIONS MADE BY OR FOR YOU, DURING THE BETA TESTING PERIOD WILL BE PERMANENTLY LOST.
9.0 Limitation of Liability
IT IS UNDERSTOOD THAT THE BETA TESTING SERVICE IS PROVIDED WITHOUT CHARGE FOR LIMITED EVALUATION PURPOSES. ACCORDINGLY, THE TOTAL LIABILITY OF CERTICOS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. CERTICOS' SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY HEREUNDER FOR DAMAGES OR OTHERWISE. IN NO EVENT SHALL CERTICOS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR INFORMATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,EVEN IF CERTICOS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND CERTICOS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.
10.0 Limited License
Upon your acceptance of these Terms, Certicos grants a limited, non-exclusive and non-transferable license to access and use the Certicos Site for your internal business purposes and only as expressly permitted in these Terms. You shall not use or permit use of the Certicos site or platform for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of Certicos, you may not access or use the Certicos Services. Except as otherwise restricted by these Terms, Certicos grants you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Certicos site provided that you: (a) retain all copyright and other proprietary notices on the content and materials; (b) use them solely for personal or internal, non-commercial use or in accordance with any applicable storage plan; and, (c) do not modify them in any way. Each discrete Storage Plan includes restrictions and requirements that outline the features that Customer will be able to access. Any violation by you of the license provisions may result in the immediate termination of your right to use the Certicos Site, as well as potential liability for copyright infringement or other claims depending on the circumstances.
11.0 Intellectual Property
The Certicos site contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.
12.0 Site Restrictions
Use of the Certicos site and platform incurs that you agree not to engage in any activity or transmit any information that, in our sole discretion is considered a violation:
(i) Violates State, Province, or Federal Law of any country;
(ii) Advocates or forwards or discusses illegal activities;
(iii) Interferes with any business of others in a tortious manner;
(iv) Promotes Cancel Culture or desecrating or exposing private data of others without their written permission;
(v) Impersonates other entities or persons;
(vi) Spam, Contest, Surveys, Pyramid Schemes, or advertising materials;
(vii) False concealment of affiliations or relationships with an entity or other person;
(viii) Sex trafficking or trafficking of minors;
(ix) Illegal contracts or receipts for drugs or distribution of material that societal norms find offensive.
(x) Hacking code
13.0 Disclosures of Data to Others
Certicos will not disclose information without a court order from a competent jurisdiction.