GENERAL TERMS AND CONDITIONS
1. BASIC PROVISIONS; SCOPE OF APPLICATION
1.1. Solity Network UG (haftungsbeschränkt), Leopoldstr. 31, D-80802 München, Germany (“Solity Network”) offers the web application Alterscope accessible under https://app.alterscope.org/ (“Alterscope”). These General Terms and Conditions (“GTC”) govern the use of Alterscope.
1.2. In order to fully use Alterscope, the registration as an Alterscope user (”User”) is required. Registration takes place by opening an account on Alterscope (”Alterscope Account”) free of charge in accordance with Section 5 of these GTC, agreeing to these GTC and acknowledging the Alterscope Privacy Policy available at https://www.alterscope.org/privacy. With the registration, an agreement is concluded between Solity Network and the User for the use of Alterscope (“User Agreement”). There is no right to the conclusion of a User Agreement. Limitations on eligibility apply, cf. Section 5.1 below.
1.3. The application of the User's general terms and conditions is excluded. Deviating, conflicting or supplementary general terms and conditions of the User shall only become part of the contract if and to the extent that Solity Network has expressly agreed to their application in writing. This consent requirement shall apply in any case, even if for example Solity Network, being aware of the general terms and conditions of the User, accepts payments by the User without reservations.
1.4. Solity Network offers Alterscope as provided from time to time and continues to develop Alterscope on a regular basis, so that the functionalities of Alterscope may be subject to change. The presentation of Alterscope on the website and web application only reflects the current functionality and does not constitute a binding offer for future services.
1.5. Solity Network reserves the right to change these GTC at any time and without giving reasons, while considering and weighing the interests of the User. The new GTC will be communicated to the User. They are considered as agreed upon if the User continues using the services and does not object to their validity within 14 days after receipt of the notification by reaching out to Solity Network. The right of each party to terminate the User Agreement according to Section 9 of these GTC remains unaffected.
2. CONDITIONS OF USE; THIRD-PARTY DATA AND SERVICE
2.1. Alterscope is an online data oracle and aggregator for stakeholders in the web3 and DeFi ecosystem. In this capacity, Solity Network provides a user interface relating to aggregates of data points provided by third parties (“Third-Party Data”). To the extent that Solity Network enables the User to access Third-Party Data via Alterscope, Solity Network does not warrant the accuracy, completeness, or timeliness of such Third-Party Data. Solity Network is not liable for any damages incurred by the User caused by such Third-Party Data.
2.2. In addition, Alterscope offers the use and customization of different user interfaces to such Third-Party Data, set up of dashboards or drill-downs for data sets as well as, to the extent provided, customizable risk models, frameworks, and reviews based on such Third-Party Data. Alterscope offers the User the independent retrieval, composition, and conduct of risk assessments. To this end, Solity Network acts solely as a technical service provider to the User.
2.3. Insofar as the User integrates aggregates of Third-Party Data into applications of the User via API or otherwise to make these accessible to User’s user, Solity Network does, in addition to Section 2.1 above, also not warrant the suitability, usability, or fitness for a specific purpose of this content for the User’s user and disclaims any liability for the use thereof.
2.4. To the extent that Solity Network offers an API, Solity Networks does not warrant the successful integration in the User’s services or the availability, reliability, or performance of the API at any time. It is not possible to host User data on Alterscope. Solity Network therefore does not offer the User the option to host, save or otherwise maintain any input data provided by the User and does not assume any liability related thereto.
2.5. To the extent that Solity Network enables the User to access or interact with third-party services (“Third-Party Services”), in particular regarding automated notification services in the event of IT-security breaches, such as e.g., the unavailability, failure of, or hacker attacks on nodes, blockchains, protocols, liquidity pools, or DApps, Solity Network does not warrant accuracy, completeness, or timeliness of such Third-Party Services. Solity Network is not liable for any damages incurred by the User due to the access or use, availability or unavailability of such Third-Party Services. Solity Network has no technical, legal, or organizational means to influence such Third-Party Services.
2.6. In any case Section 2.1 to 2.5 above, Section 7 remains unaffected.
3. NO INVESTMENT ADVICE; NO CUSTODY
3.1. Solity Network does not provide any financial services, in particular Solity Network does not give any investment recommendations or advice. The User shall not base investment decisions on the information obtained through Alterscope and/or from Solity Network. Prior to any investment decision, the User is recommended to undertake its independent risk assessment and investment research.
3.2. By using Alterscope, the User confirms that the User is aware of the inherent risks associated with the use of cryptographic and blockchain-based systems and that the User is experienced with handling blockchain based digital assets. The User is aware that Digital Asset markets can be highly volatile due to various factors such as speculation, advancing technology, or changes in the regulatory environment.
3.3. Solity Network is not custodian or counterparty to any transaction, or any other smart contract executed on the basis of data or calculations accessible via Alterscope and does not assume custody, ownership, or control over the User’s digital assets at any time. The User acknowledges that they are not acquiring or providing digital assets from or to Solity Network.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Solity Network reserves all intellectual property rights in and to the Alterscope web app, its content, materials or data. Solity Network allows the User to use the Alterscope web app for the performance of and in accordance with the User Agreement. Unless necessary for the contractual use and except for mandatory legal provisions, the User is not entitled to copy, reproduce, distribute or make publicly available, edit, modify, decompile, reverse engineer, or scrape the Alterscope web app, its content materials or data, the underlying software or its user interface, APIs or protocols, or to perform any other actions that infringe proprietary rights of Solity Network or third parties.
4.2. Solity Network transparently discloses and makes available for review the metrics and calculation methods underlying its frameworks and models (accessible under https://docs.alterscope.org/ and https://alterscope.substack.com/). Therefore, the User acknowledges that the responsibility for verifying and assessing the accuracy, reliability and suitability of these metrics and calculations lies solely with the User and Solity Network does not assume liability for any inaccuracy, misrepresentation, or incorrect calculation that User could have identified in due review.
5. REGISTRATION AND ALTERSCOPE ACCOUNT; ELIGIBILITY FOR ALTERSCOPE ACCOUNT
5.1. Registration to use Alterscope is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity who are domiciled or resident outside and not citizens of the United States of America. The registration of a legal entity or partnership may only be carried out by an authorized natural person who must be named. When registering natural persons, only individual persons may be specified as the owner of the Alterscope Account.
5.2. By registering or using an Alterscope Account, the User agrees and represents that they created their Alterscope Account and they will use their Alterscope Account only for themselves. Each User shall register only one Alterscope Account. An Alterscope Account is not transferable.
5.3. Legal entities, partnerships and natural persons (from countries) affected by sanctions imposed by the European Union (further information available e.g. at https://www.sanctionsmap.eu) and/or the USA (further information available e.g. at https://ofac.treasury.gov/sanctions-programs-and-country-information) are prohibited from using Alterscope.
5.4. Furthermore, legal entities, partnerships and natural persons who are citizens of a country or who have their residence in a country whose jurisdiction prohibits or restricts Alterscope may not use Alterscope.
5.5. The User is obliged (i) to provide complete and correct information about its person at the time of registration and (ii) in case of respective changes to correct without undue delay the information on the Website insofar such information is mandatory for the performance of the User Agreement. Such mandatory information is marked as such when requested on the Website.
5.6. If Solity Network receives a notice or otherwise has reason to believe that the information or documents provided by the User are wholly or partially incorrect, incomplete or not up to date, Solity Network is entitled to request the User to remedy the situation immediately. If the User fails to correct or complete the information or document within the set deadline, Solity Network is entitled to restrict access to Alterscope and block the User until the User has fully complied with the request.
5.7. Users must keep their password secret and carefully secure access to their Alterscope Account. Users are obliged to inform Solity Network immediately if there are indications that an Alterscope Account has been misused by a third party. The User’s liability for any activity of or interaction with a corrupted account is subject to statutory rules.
5.8. In the event that a Alterscope Account is inactive for at least 12 months, SolityNetwork may contact the User and request the User to confirm the account’s activitywithin a reasonable time period. In case that the User does not confirm the account’sactivity, Solity Network reserves the right to terminate the User Agreement inaccordance with Section 9 of these GTC and to delete the Alterscope Account.
6. MAINTENANCE
Solity Network will restrict the services or parts thereof if this is necessary due tocapacity limits, to maintain the security or integrity of the software, servers, orservices or to carry out technical measures, e.g. maintenance work serving theproper or improved service of Alterscope. In these cases, Solity Network will take theUser’s legitimate interests into account, e.g. by providing appropriate informationabout planned maintenance work in advance. Section 7 of these GTC remainsunaffected
7. LIABILITY OF SOLITY NETWORK; FORCE MAJEURE
7.1. If Solity Network provides Alterscope or individual services free of charge, SolityNetwork shall be liable only in cases of intent (Vorsatz) or gross negligence (grobeFahrlässigkeit). Warranty obligations only arise if Solity Network has fraudulentlyconcealed a possible material or legal defect of the Alterscope or any individualservice.
7.2. If Solity Network provides Alterscope or individual services not free of charge, Solity Network shall be liable in cases of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). In cases of simple negligence (einfache Fahrlässigkeit) Solity Network shall be liable only for damages resulting from the breach of an essential contractual duty (a duty, the performance of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely), whereby Solity Network's liability shall be limited to compensation of the foreseeable, typically occurring damage.
7.3. The limitations of liability according to Section 7.1 and 7.2 of these GTC do not apply (i) concerning damages arising from injury to life, body or health, (ii) as far as Solity Network has assumed a guarantee, (iii) to claims of the User according to the Product Liability Act (Produkthaftungsgesetz), and (iv) to claims of the User according to any applicable data privacy laws.
7.4. The liability provisions in Sections 7.1 to 7.3 of these GTC shall also apply to the personal liability of the executive bodies, legal representatives, employees and vicarious agents of Solity Network.
7.5. In the event of disruptions to the technical infrastructure, the internet connection or a relevant blockchain, Solity Network shall be exempt from its obligation to perform. This also applies if Solity Network is prevented from performing due to force majeure or other circumstances, the elimination of which is not possible or cannot be economically expected of Solity Network.
7.6. Liability in any other event but Section 7.1 to 7.5 of these GTC above is excluded.
8. DATA PROTECTION
Solity Network informs the User about Solity Network’s processing of personal data,including the disclosure to third parties and the rights of the User as an affectedparty, in the data protection information.
9. TERM AND TERMINATION
9.1. The User Agreement commences with the registration of an Alterscope Account.
9.2. If Solity Network provides Alterscope or individual services free of charge, Solity Network reserves the right to terminate the User Agreement at any time but will consider the User’s legitimate interests to the extent possible, e.g. by sending the notice of termination in due time to the email address provided by the User upon registration of the Alterscope Account.
9.3. If Solity Network provides Alterscope or individual services not free of charge, the initial term of the User Agreement is one year (hereinafter “User Agreement Term”). The User Agreement Term is automatically extended by terms of one (1) year each if it is not terminated in writing (e-mail being sufficient) by one of the Parties at least three (3) months before the end of the respective term.
9.4. The right of both parties to terminate the User Agreement for cause remains unaffected.
10. FINAL PROVISIONS
10.1. Should individual provisions of these GTC be or become invalid or unenforceable inwhole or in part, this shall not affect the validity of the remaining provisions. Theinvalid or unenforceable provision shall be replaced by the statutory provision. Ifthere is no statutory provision or if the statutory provision would lead to anunacceptable result, the parties shall enter negotiations to replace the invalid orunenforceable provision with a valid provision that comes as close as possible to theeconomic purpose of the invalid or unenforceable provision.
10.2. The User Agreement including these GTC shall be governed by German law. Theapplication of the UN Convention on Contracts for the International Sale of Goods isexcluded.
10.3. The exclusive place of jurisdiction for all disputes arising from or in connection withthis User Agreement is Munich. Solity Network shall also be entitled to bring an actionat the User's place of business or at any other competent court.
Last updated: December 2024