Thank you for visiting Our website. These Terms and Conditions (the "Terms"), set out the general terms and conditions applicable to any access or utilization of Our website and the services which We may provide to you (“You“) and constitute a legal agreement between You, as the user of the website accessible at the URL address https://xaudits.io/ (the "Website") and BH Network International S.R.L, a company incorporated under the laws of Romania, registered with the Trade Registry under number J40/2277/2022, having fiscal code RO 45607372, Romania, (hereinafter referred to as ‘’Us’’, ‘’We’’ and ‘’Our’’).
These Terms apply to You, in your capacity as a visitor and user of the Website, as well as the beneficiary of all services, tools, features, and information made available on the Website, such services including but not limited to: auditing the smart contract, respectively testing of the code underlying the smart contract, code analysis of smart contracts to identify bugs before deployment, analysis of the interactions of the smart contract with the blockchain, analysis of the code’s security aspects, identifying security vulnerabilities, identifying issues and risks, research and assessing risks, recommendation of remediation measures or any other recommendations, identifying the logical errors, indicating optimization opportunities within the code (the "Services").
You expressly agree to these Terms and You acknowledge that We will consider your access to and use of our Website, including our Services, as acceptance of these Terms. You are responsible for checking our Website periodically to review the current version of the Terms to familiarize yourself with any changes to them.
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the Terms. If you do not agree to all the Terms, then you may not access the Website or use any Services.
In case You don’t want to be bound by the Terms, You should not access the Website.
We reserve the right, at Our sole discretion, to make changes to these Terms, to modify or replace any part. Such changes shall be binding on users of the Website and shall take effect immediately upon posting.
You hereby agree to observe any changes, variations or modifications to our Terms and Your continued use of or access to the Website following the posting of any changes to the Terms constitutes acceptance of those changes. If You do not agree to the changes, You must stop the use of Website and related Services.
As a condition to accessing or using the Website, You:
a) shall ensure that all information that You provide on the Website on any form (including but not limited to information related to Your project, company name, Your full name, e-mail address, Telegram account, lines of code, blockchain, type of smart contract, smart contract description) is true, complete, current and accurate;
b) shall not directly or indirectly do or state anything that might affect the Website’s and/ or the team members’ reputation and/or image, as well as the evolution and development of the Website and its related ecosystem, including but not limited to any behavior which may be considered by Us as being defamatory, either directly or indirectly, by whatever means or words or place of communication, or being a manipulatory behavior either by suggestions, affirmations, rhetoric or inadequate questions or postings which may subversively affect the reputation, image or future development of the Website or the team members;
c) shall only use the Website and the Services for lawful purposes and in accordance with these Terms;
d) shall comply with all applicable national and international legal provisions and regulations applicable to Your use of the Website, respectively the Services;
e) shall not breach the applicable legal provisions by using the Website and the Services;
f) shall not infringe on or misappropriate any intellectual property or third-party’s rights while using the Website, respectively the Services;
g) shall not misrepresent the truthfulness, sourcing or reliability of any content on the Website;
h) shall not use the Website, respectively its ecosystem, in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, respectively the Services or that could damage, disable, overburden, or impair the functioning of the Website in any manner;
i) shall not attempt to circumvent any content filtering techniques or security measures that We employ on the Website, or attempt to access any area of the Website, that You are not authorized to access;
j) shall not use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us, to access the Website, respectively the Services, to extract data;
k) shall not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism in the Website;
l) shall not introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website.
By using Website and Services, You acknowledge, represent and warrant that:
(i) The terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms are binding on You, and by accessing the Website, or Services, You represent and warrant that You are fully able and competent to enter into them;
(ii) if You agree to these Terms on behalf of a legal entity, then You have the legal authority to held liable the legal entity to these Terms;
(iii) You are over 18 years old or the age of majority, required by your residence state, whichever is older, and You have the capacity to enter into these Terms;
(iv) You represent that You are otherwise legally permitted to use the Services;
(v) You acknowledge that it is Your responsibility to ensure compliance with the laws of Your jurisdiction and We are not liable for Your compliance or failure to comply with such legal provisions;
(vi) You are solely and completely responsible for Your own compliance with applicable legislation in Your jurisdiction;
(vii) all information or data provided to Us is correct, accurate, legitimate and observes all applicable legal provisions;
(viii) You hereby agree that We may display Your company, project or business name ( as the case may be), logo, images, or other media on the Website as the beneficiary of the Services and/or other marketing materials relating to Your website/ project/ company, if the case, except where You have explicitly requested that We should not do this and We have agreed to such Your request in writing;
(ix) We are performing the Services, as an independent provider, from a technical point of view, based on Your instructions and requirements concerning the smart contract used and managed exclusively by You. We will not analyze the legal compliance, economic or financial suitability of the smart contract, nor the consequences related to the use of the smart contract.
(x) You exclusively assume all consequences and risks related to the use of the smart contract;
(xi) We get the Source-code from You and We have no liability concerning Your use of the Source-code, including but not limited to the intellectual property rights related to the Source-code.
(xii) the code of the smart contract did not, does not and will not breach any applicable legislation to it or any intellectual property rights of third parties;
(xiii) We are not liable for any inaccuracies, errors, in the information or data provided by You if it breaches any legal provisions or any third party’s rights, including but not limited to, intellectual property legal provisions and rights. You shall indemnify and hold Us harmless against all claims or demands (including legal fees and expenses) which We may suffer arising from or in connection with any inaccuracies or infringement related to the information or data provided to Us;
(xiv) You will use the Website and the Services offered by Us honestly, fairly and in good faith;
(xv) We are not responsible for any bug or any other vulnerability, logical error or other error that occurred after the audit performance over the smart contract.
(xvi) We have no obligation to perform any type of evaluation with respect to any possible commercial, technical, financial or accounting consequences, deriving from the use of the smart contract.
(xvii) We have no obligation to perform any type of monitoring and/or evaluation with respect to any possible consequences, deriving from any change in the smart contract arising after the date of performing the audit and which were not taken into consideration at the moment of performing the audit;
(xviii) You have all necessary consent and the authority to enter into these Terms and /or use the Services;
(xix) If You are a body corporate, unincorporated association, trust or partnership You are validly existing in accordance with applicable legislation and have obtained all necessary consent and authorizations under your constitutional or organizational documents;
(xx) the Website is provided on a “as is” and ,,as available’’ basis. We hereby disclaim all warranties of any kind, express or implied, including, without limitation fitness for a particular purpose and non-infringement. We are not making any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted (from time to time, access may be interrupted, suspended or restricted, as indicated below or due to the fact that We are carrying out planned maintenance);
(xxi) You have all requisite power and authority to use the smart contract, enter into these Terms, including having all permits, licenses, authorizations, orders, and approvals, if they are necessary according to Your applicable law;
(xxii) You understand that You obtain content or services through the Website on Your own risk;
(xxiii) We have the right to limit, on Our sole discretion, the availability of the Website to any person, geographic area or jurisdiction and/or to prohibit Your access to and use of the Website at any time;
(xxiv) No part of the Website is intended to constitute advice, and the content the Website should not be relied upon when making any decisions or taking any action of any kind.
If You breach any warranty or representation made under these Terms, We may suspend or terminate Your access to the Website and the provisions of Services and prohibit.
We may modify, suspend or discontinue, temporarily or permanently, all or any part of Our tools related to the Website with or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software, the Website, and/or the services and tools, including without limitation, the structure, specifications, ‘’look and feel’’ navigation, features and other elements of the software and/or the services and tools or any part thereof. You agree that We will not be liable to You or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our services and tools from the Website.
Smart contract audit will be performed by Us only after We sign a service agreement with You.
By filling the form on the Website, You are not obtaining an automatic audit of Your smart contract, You are just sending to Us only the smart contract-related information and your project/ company details, based on which We decide whether to contact You or not.
We reserve the right to contact only certain the users who have filled the form on the Website and We have no obligation to contact all users who have filled out the form on the Website.
Once We contact You, We will send You the draft of the service agreement based on which the smart contract audit will be performed. The smart contract audit will be performed only after the signing date of the service agreement.
You are not entitled to inform any person about the fact that Your smart contract is being or will be audited by Us, without Our prior written consent. You can inform the public only after the audit is completed by Us with Our prior written consent.
You hereby represent and warrant that You are not breaching any copyright, contract rights or any other intellectual property rights of any third party (person or entity) concerning the code of the smart contract.
Taking into consideration that You are providing Us the code of the smart contract, You shall be liable to Us for any damage resulting from any infringement or other breach of the copyright, other intellectual property rights of any individual or entity, and for any other harm or losses in connection with the code of the smart contract, incurred by Us, if the case.
You will indemnify and hold harmless Us against any claims and expenses, including attorneys’ fees, arising out of any breach or alleged breach of such intellectual property rights in connection with the code of the smart contract.
In case of a third-party’s notice, allegation, demand or claim against Us concerning any actual or alleged infringement/ breach of any intellectual property rights in connection with the code of the smart contract, We may notify You about the third party’s notice, allegation, demand or claim and We are entitled to request that You to support the attorneys’ fees for responding to the third party’s notice, demand, allegation as well as any expenses (including attorneys’ fees) incurred by Us in case lawsuits are initiated against Us in this respect.
All intellectual property rights related to Our content included in the Website, Our tools and also related to Our Services, including but not limited to: all copyrights and any other intellectual property rights related to the Website such as rights in text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Website page layout, underlying code and software, characters, layouts, buttons, color scheme and any other intellectual property rights, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, characters, any layouts, rights in know-how, graphics, as well as all copyrights and any other intellectual property rights associated with Our Services such as all intellectual property rights, including copyrights related to the review/ audit process of the smart contract, the identification methods of logical errors, as well as of the security vulnerabilities, the optimization methods within the code, all patents and patent applications or rights to apply for such patents; all trademarks, service marks, trade marks, trade names, corporate names, and domain names, all trade secrets and confidential information (including ideas, research and development, know-how, processes and techniques, technical data, testing tool and methods, designs, drawings, specifications, all rights and any other intellectual property rights ("IP") is Our property, Our affiliates or Our licensors and is protected by local and international intellectual property laws and treaties.
Any IP connected or related to the Services shall remain Our exclusive property and nothing in these Terms shall be construed in any manner as assigning or transferring any such rights to You.
You may not, without our prior written consent:
a) modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio or user interface design) in the content of Our Website;
b) remove any proprietary notices from any IP;
c) attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Website.
The use of the tools and Our Services does not grant You any rights other than those granted to You under these Terms. Nothing contained on our Website or any communications to You shall be construed as granting, by implication or otherwise, any license or right to use any IP without Our prior written consent.
If You create a hyperlink to our Website, the hyperlink and context in which it is used may not, without Our prior written consent, suggest an endorsement, sponsorship or affiliation with Us, our affiliates or Our Services, and may not make use of any of our IP other than that contained within the text of the hyperlink.
You will not make use of our URL (or any other URL owned by Us) on another website or digital platform without Our prior written consent.
When You post content on Our Social Media Communities, You:
(i) . must make sure that all content You post belongs to You or that You have a right to post that information and that You do not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity, including Us, Our team members and Our ecosystem. You shall be liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content that You post;
(ii). must not post any personal or security information about Yourself or about anyone else and you must not try to obtain the personal or security information of someone else;
(iii). must not post that We endorse or warrant Your content;
(iv) . must not advertise or promote another business or service, except otherwise agreed by Us, or any type of commercial content (including spam);
(v) . must not post anything which is abusive, inciteful, defamatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent, or illegal or even manipulatory for other persons;
(vi) must not post content containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the users of the Website;
(vii). encourage or induce any third party to engage in any of the activities prohibited under these Terms;
(viii) manipulate the other users of the Website by whatever methods or inducing them the idea that the future of the Website or Services may be periclitated or in danger.
We may review and monitor Your activity and posts, as well as Your content on Our Social Media Communities. If You breach any of the above rules, We will record such breach and We will remove the post, content without telling You. We may also block Your access to the Services - We will communicate You or not when We will take such measures. We may also be required by applicable legislation to communicate to regulators or government authorities about a breach, and help them in any investigation about a breach.
By posting content on Our Social Media Communities, You specifically grant Us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of Your content, and We shall be free to use such content, in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to You, including without limitation, our Website, advertisements, in printed media, and in newspapers.
We reserve the right to deny, suspend or terminate the Services to any Website’s users, to block his access to Our Social Media Communities in whatever manner, due to inter alia, but not limited to the following reasons:
(i) in Our opinion, the user is not able to fully comply with these Terms, as above-mentioned.
(ii) the user has committed fraud or a criminal offense;
(iii) the user has acted or made statements, comments, suggestions, has posted any content, has raised inadequate/ inappropriate questions in a way that intends to manipulate other users or to suggest certain aspects that, in Our opinion, might affect currently or in the future the Website reputation, image or the future development of the Website or Our reputation,
(iv) the user has provided false or misleading or incomplete information to Us;
(v) the user does not provide to Us the information needed for verification, if We deem it necessary or if the information becomes required by the applicable legal provisions.
You agree that no part of the Website may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
You hereby grant Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to your project or company’s name, brand, logo, photos, image, ( the ‘’Content’’).
You hereby grant to Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display the Content.
You hereby represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights mentioned herein for the Content above-mentioned, as well as to grant Us the license described above, and that the Content and the license above-mentioned do not breach any laws.
We shall not be liable for any breach of any intellectual property rights in connection with any Content displayed by Us on Our Website.
The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for Your information and convenience only. We have no control over third party websites and We have no legal responsibility for any content, material or information contained in them.
The display of any hyperlink and reference to any third-party website does not mean that We endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
The fact that the names of crypto projects and/ or crypto companies are mentioned on the Website does not represent an invitation or a recommendation from Our part to invest in any crypto projects carried out by them or in any tokens or NFTs issued by them.
In particular, the content and materials available on the Website do not constitute any form of investment advice or recommendation by Us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell or any crypto assets related to our crypto clients and is not intended to be relied upon by You in making any specific decisions.
Any opinions, news, research, analyses, or other information contained on this Website are provided as general market commentary, and do not constitute investment advice. We shall not be responsible for any loss arising from any decision based on any information provided on the Website
From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, and computer programs in order to access the Website. You should use your own virus protection software.
The content and materials available on the Website are for informational purposes only and is not intended to address your particular requirements.
For avoidance of any doubts, any representation or other affirmation of fact, including statements regarding capacity, suitability for use or performance of the Website, or the content presented on, or through Our Services, whether or not or supposed to be made by any of our directors, officers, employees, collaborators, which is not expressly contained in these Terms, shall not be considered to be a warranty by the involved persons for any purpose, or give rise to any liability of our employees, officers, directors and collaborators whatsoever.
We hereby expressly disclaim any and all implied, express or statutory warranties, guarantees, conditions, covenants and representations relating to the Website and Our Services, or any proprietary or third-party technology, hardware, system, software (including open source software), data, content or services that the Company may use to provide Services including, merchantability, quality, accuracy, fitness for a particular purpose, title, non-infringement, timeliness, currency, absence of viruses or damaging or disabling code occurred after the performance of the audit on the smart contract.
In no event will We or Our shareholders, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, or similar damages or liabilities whatsoever arising out of or in connection with the use of the Website and Services.
We shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential or special damages arising from Your use of the Website, respectively Our Services or any information contained in it. You are using the Website, respectively Our Services, at Your own risk.
We (including our affiliates, officers, directors, employees and collaborators), shall not be liable to You for any direct, indirect, consequential loss, damage, cost or expense (including legal costs), loss of profit, loss of business, loss of reputation, damage or corruption of data or any similar damage or loss costs, expenses and payments, arising from, or in connection with the content, the use of or the inability to use the Website or its features, respectively Our Services or from any failure, error, or breakdown in the function of the Website, or from any fault, or error made by our officers, directors, employees, directors and collaborators or from your reliance on content available on the Website, or from any communication with Us, or from retention, deletion, disclosure and any other use or loss of your content on the Website.
We shall not be responsible or liable to You for any losses, damages or claims arising from: (i) server failure or data loss; (ii) blockchain networks, crypto wallets or corrupt files; or (iii) any third-party activities, including without limitation the use of viruses, phishing, or other attacks.
We may perform any of Our obligations, and exercise any of the rights granted to Us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.
The online forms constitute electronic communications. By accessing and using the Website, You hereby consent to receive electronic communications from Us via the e-mail or Website.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by Us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise.
If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Website is not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between You and Us with respect to Your use of the Website, respectively Our Services and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between You or Us.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by the competent courts from Bucharest, Romania. The applicable law shall be Romanian law.
Should You have any question about these Terms, or wish to contact Us for any reason whatsoever, please do so by sending us an email at [email protected]