TOKINFO TERMS AND CONDITIONS OF USE

Last Updated June 15, 2020

  1. Overview of Terms

    This Terms and Conditions of Use (these “Conditions of Use”) governs your use of Tokinfo – whether through the website at www.tokinfo.com or the Tokinfo app. Tokinfo is provided to you by DevSpike LLC (also “us” or “we” or “our”) with the base of operation in the United States.

    Tokinfo is provided as a platform that enables the safe passage of important information from one person to another. Tokinfo is not created for the passage of illegal information related to wars, rebellious acts, crisis, coup, government takeovers, and terrorist attacks. Therefore, by using Tokinfo, you represent to us that any information passed is legal. If we have a good faith belief that you are using Tokinfo illegally, we have the right to block you and also report you to the relevant government.

    You must read these Conditions of Use along with our Privacy Policy, which describes our activities regarding the information we collect from you. By using Tokinfo, you acknowledge and agree to these Conditions of Use. If you do not agree to these Conditions of Use, you are not permitted to use or continue using Tokinfo.

  2. How Tokinfo Works

    DevSpike LLC provides Tokinfo as a platform where private information can be passed from one person to another. An individual can access Tokinfo to type a private message or information in the box provided togenerate a token number. The token number may then be given to whoever such person wishes to have access to any information contained in the token number generated.Any token number generated through Tokinfo has a maximum number of 48 hours before Tokinfo automatically deletes it. However, the user can always choose their preferred expiry time between 12 hours, 24 hours, and 48 hours. If you generate a token number and 48 hours is up, it will automatically be deleted. Therefore, DevSpike LLC will not be liable to you if Tokinfo automatically deletes any information that is passed the 48-hour window. Alternatively, a user can also set the message to be deleted from the server when one person has accessed the information in the token number. if this is the case, the information will automatically be deleted from our server after the first read, even if the expiry time you set is not up.

  3. Your Use of Tokinfo

    You agree that you will only use Tokinfo for the purposes for which it is made available. You shall not use it for any illegal activities that are against these Conditions of Use and any applicable law. You agree to stay away from the below-prohibited activities when you use Tokinfo:

    a. Attempting to bypass any measures designed on Tokinfo to prevent or restrict you from
    accessing certain portion thereof;
    b. Attempting to gain access to any information or message through automated means,
    including by using robots, spiders, and other data mining or extraction software;
    c. Using Tokinfo as a means to pass illegal information or as a tool to communicate with
    terrorists and other crime;
    d. Deciphering, decompiling, disassembling, or reverse-engineering any of the software
    comprising or in any way making up a part of Tokinfo;
    e. Interfering with, disrupting, or creating an undue burden on Tokinfo or the services
    connected to it; and
    f. Accessing and using Tokinfo as part of any effort to compete with DevSpike LLC.
  4. Intellectual Property Rights

    The content provided by Tokinfo (the “Tokinfo Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to us, and are subject to copyright and other intellectual property rights under the United States, Bangladesh, and international conventions. The Tokinfo Content includes, without limitation, the source codes, databases, functionalities, software, app and web designs, audios, videos, texts, photographs, and graphics. Our trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any way that may bring confusion, and may not be copied, imitated, or used, in whole or part, without our prior written permission.

  5. License Grant

    Provided that you are eligible to use Tokinfo, we grant you alimited license to access and use it, including the Tokinfo Content,Tokinfo app, and website solely for your personal, non- commercial use. We reserve all rights not expressly granted in relation to the Tokinfo app, the website, Tokinfo Content, and Marks.

  6. App Distributor Agreement

    This section applies to you if you download the Tokinfoapp from either the Apple Store or Google Play Stores (each an “App Distributor”). You acknowledge that the Tokinfo app is established between you and DevSpike LLC and not with any App Distributor, and that the content and service provided through the Tokinfo app is DevSpike LLC’s responsibility.

    • License and Scope of the Tokinfo app: The license granted to you to use the Tokinfo app is limited to non-transferable permission to use it on a device that uses the Apple iOS or Android operating system (as applicable) and in accordance with the usage rules set forth in the applicable App Distributor terms and conditions.

    • Maintenance and Support: You agree that it is the duty of DevSpike LLC to provide maintenance and support activities in relation to the Tokinfo app.

    • Warranty: You agree that it is DevSpike LLC’s responsibility to provide any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed.Should the Tokinfo app fail to conform to any applicable warranty, the liability shall be that of DevSpike LLC and not the relevant App Distributor. The only warranty obligation the relevant App Distributor may have is the refund of the purchase price of the Tokinfo app (if any), and such refunds will be in accordance with the App Distributor’s terms and conditions.

    • Product Claims: You agree that DevSpike LLC shall be liable for any claims you or third parties may have regarding the Tokinfo app, including product liability claims and consumer protection claims (or similar legislation).

    • Intellectual Property Rights: You agree that any third party claims relating to your use of the Tokinfo app infringe on the intellectual property of a third party, the relevant App Distributor will not be responsible for investigating, defending, settling, or discharging any infringement claims.

    • Legal Compliance:You represent to us that you are not using Tokinfo from any country that is subject to the United States government embargo or designated by the United States government as a terrorist-supporting country or otherwise prohibited by the United States.

    • Third Party Terms and Conditions: You agree that you will comply with any third party app terms and conditions while you use the Tokinfo app. for example, if you use a VoIP app, you must comply with the terms and conditions of such a VoIP app.

    • Third Party Beneficiary:Youand DevSpike LLC acknowledges that both App Distributors are third party beneficiaries of this agreement, and that upon your acceptance of these Conditions of Use,both App Distributors will have the right to enforce this agreement against you as a third party beneficiary.

  7. Third Party Sites

    Tokinfo may occasionally contain adverts from other websites (“Third Party Sites”) due to the presence of Google AdSense. Third Party Sites are not in any way affiliated to Tokinfo; therefore, any content or link posted by Third Party Sites is not checked by us for accuracy neither do we endorse them to be safe. If you access or use any content that belongs to a Third Party Site on Tokinfo, you do so at your own discretion, and you release us from any losses, damages, claims, or liabilities you may suffer from such content. We recommend that you read the terms and policies of content posted by Third Party Sites through Tokinfo before you access them.

  8. Privacy Policy

    When you use Tokinfo, you are not required to submit any personal information. However, we collect certain anonymous information through certain software. Also, the token number you generate on Tokinfo may only be used, shared, or protected as described in ourPrivacy Policy.

  9. Disclaimer of Warranty

    We cannot control the proper functioning of Tokinfo at all times. Certain circumstances may render it to be unavailable or not usable at some point. Therefore, you hereby agree that your use of Tokinfo is at your sole risk. To the fullest extent permissible under applicable law, DevSpike LLC (including subsidiaries and affiliates) disclaims all warranties (express or implied) in relation to your use of Tokinfo, including, without limitation, warranties of merchantability, non-infringement, and fitness for a specific purpose.

    DevSpike LLC does not warrant or represent that Tokinfo will be, at all times, available and that it will operate to your expectation. Therefore, we shall not be liable to you for any(i) errors, omissions, inaccuracies, and mistakes of any Tokinfo Content (ii) damages, injuries, or losses incurred from your use (iii) access to your information by theft or hacks (iv) failure or delay of Tokinfo to work at a particular time (v) viruses, bugs, trojan horses, or the likes,which may be transmitted by third parties, and (vi) Third Party Site you accessed through Tokinfo.

  10. Limitation of Liability

    Under no circumstances shall DevSpike LLC be liable to you or any third party for damages (whether direct, indirect, consequential, exemplary, incidental, social, or punitive damages), including but not limited to damages or loss of profit, revenue, goodwill, information or data, and other damages you may suffer from your use of Tokinfo, even if we may have had a prior notice about such damages occurring.

    Notwithstanding the foregoing, if DevSpike LLC is found liable for any cause whatsoever in relation to your use of Tokinfo, our liability shall not exceed the sum of $100 (one hundred dollars).

    Some states or country laws do not permit the limitations of implied warranties or the exclusion of specific damages. If these laws apply to you, some or all of the limitations above may not affect you, and you may have added rights.

    If you are using Tokinfo from the State of California, you may waive California civil code 1542, which states that “a general release does not include claims which the creditor does not know or suspect to exist in his favor, which if known by him, must have materially affected his settlement with the debtor.”

  11. Indemnification

    You now agree to indemnify, defend, and hold DevSpike LLC harmless from and against any damages, losses, demands, claims, liabilities, and expenses (including reasonable attorney’s fees) that is made by any third party due to your use of Tokinfo, your breach of these Conditions of Use, and your warranties and representations.

  12. Governing Law

    These Conditions of Use and any issue arising from your use of Tokinfo shall be governed by and construed in accordance with the laws of the State ofWyoming without regard to conflicts of law and its principles.

  13. Miscellaneous

    • These Conditions of Use represent the entire agreement between you and us regarding your use of Tokinfo and it supersedes any and all contemporaneous agreements and understanding that may have existed between us prior to it.

    • Should DevSpike LLC fail or delay to enforce our rights under these Conditions of Use at any time, it shall not serve as a waiver of our rights to enforce such rights at a later time or on subsequent breaches.

    • The headings under these Conditions of Use are for convenience only and have no legal or contractual effect.

    • DevSpike LLC shall not be liable to you or any third party for any delay or failure to provide Tokinfo if such a delay or failure is caused by circumstances beyond our control, including, without limitation, wars, government actions, severe weather conditions, pandemics, riots, and acts of God.

    • If any portion of these Conditions of Use is found by a court of competent jurisdiction to be invalid or unenforceable, such a portion will be deemed severable, and it shall not affect the validity and enforceability of the remaining portions.

    • You hereby waive any defenses you may have based on the electronic form of these Conditions of Use and the lack of signing to execute it by you and DevSpike LLC.

  14. Contact Us

    For any questions, complaints, inquiries, and suggestions regarding your use of Tokinfo and these Conditions of Use, please use the contact information provided below:

    DevSpike LLC

    1309 Coffeen Avenue STE 1200
    Sheridan, Wyoming 82801
    +1 (989) 317-2229 (USA)
    +8801711731169 (WhatsApp)