Last Updated: May 15, 2024

Welcome to Skinsmonkey SaaS. These Terms and Conditions ("Terms") govern your use of our website located at skinsmonkey.com and all related services, features, content, and applications offered by Skinsmonkey SaaS (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity.

We reserve the right to change or modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of such changes.

2. Service Description

Skinsmonkey SaaS provides a platform for digital asset trading, marketplace integration, and inventory management. Our Services may include, but are not limited to:

  • Digital asset inventory management tools
  • Trading and marketplace integration features
  • Pricing analysis and optimization tools
  • Market analytics and reporting
  • API integrations with third-party platforms

We may update, change, or discontinue any aspect of our Services at any time without prior notice.

3. User Accounts

3.1 Registration Requirements

To access certain features of our Services, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Immediately notify us of any unauthorized use of your account or any other breach of security
  • Ensure that you log out from your account at the end of each session
  • Use reasonable efforts to prevent unauthorized access to your account

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services, with or without notice, for any reason, including, but not limited to, violation of these Terms or conduct that we determine to be harmful to other users, our business, or third parties.

4. User Conduct and Obligations

4.1 Prohibited Activities

In connection with your use of our Services, you agree not to:

  • Violate any applicable law, regulation, or third-party rights
  • Use our Services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any part of our Services, other accounts, or computer systems
  • Interfere with or disrupt the integrity or performance of our Services
  • Post, upload, or distribute content that is unlawful, defamatory, harassing, or fraudulent
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Collect or store personal data about other users without their consent
  • Use automated means to access or use our Services without our express permission
  • Engage in any activity that could damage, disable, or impair our Services or servers
  • Reverse engineer, decompile, or disassemble any portion of our Services

4.2 Compliance with Platform Rules

When using our Services to interact with third-party platforms, you agree to comply with all terms, conditions, and policies of those platforms. We are not responsible for any actions taken by third-party platforms in response to your use of our Services.

4.3 Content Standards

Any content you submit, post, or display through our Services must comply with all applicable laws and regulations and must not:

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"
  • Contain any malware, viruses, or other harmful computer code

5. Fees and Payment

5.1 Subscription Fees

Some of our Services may require payment of fees. All fees are stated in the applicable order form or pricing page. You agree to pay all fees specified for the selected Services.

5.2 Payment Terms

Payment for our Services must be made by the methods specified on our website. You authorize us to charge your designated payment method for all fees incurred. Payments are non-refundable except as expressly stated in our Refund Policy or as required by law.

5.3 Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties associated with your use of our Services.

5.4 Price Changes

We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on our website or by email. Price changes will take effect at the start of the next subscription period.

6. Intellectual Property Rights

6.1 Ownership of Services

Our Services, including all content, features, and functionality, are owned by Skinsmonkey SaaS, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes.

6.3 Restrictions on Use

You may not:

  • Copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any portion of our Services
  • Sell, rent, lease, or license our Services
  • Use our Services for any commercial purpose not expressly authorized by us
  • Remove any copyright, trademark, or other proprietary notices from our Services

6.4 User Content

You retain all rights to any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing our Services.

6.5 Feedback

If you provide us with any feedback or suggestions regarding our Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

7. Third-Party Services and Links

7.1 Third-Party Services

Our Services may integrate with or contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

7.2 No Endorsement

The inclusion of any links to third-party websites does not imply endorsement by us of those websites or any association with their operators.

7.3 Third-Party Terms

Your use of third-party services may be subject to additional terms and conditions provided by the third party. It is your responsibility to review and comply with any such terms.

8. Limitation of Liability

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

8.2 No Guarantees

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKINSMONKEY SAAS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES.

8.4 Cap on Liability

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENT HAS BEEN MADE.

8.5 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Skinsmonkey SaaS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your User Content
  • Your use of our Services
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right

10. Dispute Resolution

10.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

10.2 Informal Dispute Resolution

Before filing a claim against Skinsmonkey SaaS, you agree to attempt to resolve the dispute informally by contacting us at legal@skinsmonkey.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Skinsmonkey SaaS may proceed with filing a formal claim.

10.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or our Services that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the International Chamber of Commerce. The arbitration shall take place in London, United Kingdom, in the English language.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending the completion of arbitration.

10.5 Class Action Waiver

YOU AND SKINSMONKEY SAAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between you and Skinsmonkey SaaS regarding your use of our Services and supersede all prior and contemporaneous written or oral agreements between you and Skinsmonkey SaaS.

11.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver shall be effective unless in writing and signed by the party granting the waiver.

11.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable while preserving the intent of the original provision. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

11.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

11.5 Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms arising from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service provider failures.

11.6 Survival

The provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our website and/or by sending you an email. Your continued use of our Services after the changes have been posted constitutes your acceptance of the revised Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@skinsmonkey.com

Address: 309 Carmen Way, Morganland, CH64 3TH

Phone: +44 1704 726261