Toggle Network web extension, dashboard application, desktop application, mobile application, and related hardware, including as made available through our website www.toggle.pro (the Website, and together with our web extension, dashboard and related hardware the Toggle Network Services) that permit users to participate in a Decentralized Peer-to-Peer Internet Networking Ecosystem that facilitates access to and use of web data (the Toggle Network).
These Terms and Conditions (these Terms) govern your access to and use of the Toggle Network Services and participation in the Toggle Network through your access to and use of the Toggle Network Services. These Terms incorporate our Privacy Policy by reference, which can be accessed at https://www.toggle.pro/privacy-policy. Please read these Terms carefully. They constitute a legal agreement between you and Toggle Network. By accessing, using, or downloading any of the Toggle Network Services or otherwise participating in the Toggle Network, you confirm your agreement to accept and be bound by these Terms, as these Terms may be amended from time to time, in relation to your entire relationship with Toggle Network regarding your access to and use of the Toggle Network Services and participation in the Toggle Network.
If the individual who accepts these Terms does not have the authority, or does not agree with and accept to be bound by these Terms, that individual must not accept these Terms and may not access or use the Toggle Network Services or participate in the Toggle Network.
The Toggle Network Services and the Toggle Network may not be accessed or used by (a) any person or entity that (i) resides in, is located, is incorporated, or has an office in any jurisdiction that is subject to any economic or financial sanctions; (ii) any person who resides in any jurisdiction where your access to or use of the Toggle Network Services or participation in the Toggle Network is illegal or not permitted by applicable law; or (iii) any person or entity that is the subject of any economic or financial sanction (each, a Restricted Person); or (b) any individual who is under the age of majority in their jurisdiction of residence (each, a Minor). If you are a Restricted Person or a Minor you are not permitted to access, use, or download the Toggle Network Services or participate in the Toggle Network. Use of a virtual private network to circumvent the restrictions set out in these Terms is strictly prohibited.
To access, use, or download the Toggle Network Services or participate in the Toggle Network, you must accept these Terms. Subject to the terms and conditions of these Terms, Your right to access, use, and download the Toggle Network Services or participate in the Toggle Network is personal and non-exclusive, may not be transferred or licensed to any other person or entity, and may be revoked by Toggle Network at any time, in accordance with these Terms.
Before completing the registration process for your account, you will be required to indicate your acceptance of these Terms. By creating an account, you represent, warrant, and covenant that you (a) can form a binding contract with Toggle Network; (b) will comply with these Terms and all applicable laws, rules, and regulations; (c) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (d) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.
You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third party your right to use or access the Toggle Network Services or the Toggle Network via your account. Toggle Network disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else's use of your account, username, or password, either with or without your knowledge. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
You acknowledge and agree that all right, title, and interest in and to the Toggle Network Services, Toggle Network, and all works, designs, content, data, information, features, functionality, software, code, documentation, and other materials that form part of the Toggle Network Services and Toggle Network, including the Toggle Network Trademarks (collectively, the Toggle Network Property) are the sole and exclusive property of Toggle Network, its affiliates, and their respective licensors. Neither these Terms nor your use of the Toggle Network Property convey or will convey to you any right, title, or interest in or in relation to the Toggle Network Property, except for the limited right to access and use the Toggle Network Services and participate in the Toggle Network that is granted to you expressly in these Terms. All rights in and to the Toggle Network Property, and the intellectual property in and related to them are expressly reserved by their owner(s). You may not use, reproduce, or otherwise exploit the Toggle Network Property for any purpose, whether commercial or non-commercial, that is not expressly authorized by these Terms without the prior written permission of Toggle Network.
The trademarks Toggle Network, and all related logos, designs, and slogans are trademarks that are owned by Toggle Network and its licensors (the Toggle Network Trademarks). You may not use or display the Toggle Network Trademarks without the prior written permission of Toggle Network. All goodwill arising in connection with the use or display of the Toggle Network Trademarks will accrue to Toggle Network and its licensors. All rights in and to the Toggle Network Trademarks are expressly reserved.
You grant to Toggle Network, its affiliates, and their respective licensees, successors, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and license to use and incorporate into the Toggle Network Property any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the Toggle Network Property or the business, products, or services of Toggle Network or its affiliates.
You agree that you will comply with these Terms and all applicable laws that apply to you in connection with your access to and use of the Toggle Network Services and participation in the Toggle Network.
You agree that you will not:
Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. Toggle Network reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, if you have violated these Terms, misused any Toggle Network Property, or have acted in a manner that Toggle Network considers inappropriate or unlawful.
While we endeavour to keep downtime to a minimum, we cannot promise that the Toggle Network Services or Toggle Network or their availability will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend access to the Toggle Network Services, Toggle Network, or any other Toggle Network Property, or any part thereof, with or without prior notice for any reason, and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.
You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Toggle Network Property.
Toggle Network updates the content associated with the Toggle Network Services periodically. However, Toggle Network does not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of such content. Toggle Network may revise, supplement, or delete any information, content, features, functionality, services, or resources contained on the Toggle Network Services and reserves the right to make such changes without prior notification to past, current, or prospective users, including you.
The disclaimers set out in this Section 7 will not limit or exclude any warranties that cannot be excluded or limited excluded under applicable law.
Toggle Network does not make any representation or warranty of any kind, whether express or implied, statutory or otherwise, and Toggle Network specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by applicable law. All Toggle Network Property, including the Toggle Network Services and Toggle Network, are provided as-is and as available, exclusive of any warranty whatsoever, including with respect to completeness, security, quality, reliability, or availability. For clarity, and without limiting the generality of the foregoing, Toggle Network makes no warranty of any kind that the Toggle Network Property, including the Toggle Network Services or Toggle Network, or any other products, services, opportunities, Rewards (as defined below), communications, or the results of the receipt of use thereof, will meet your or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, device, or other services, or be timely, secure, accurate, complete, free of Harmful Code, or error-free. You are responsible for implementing adequate measures to protect the security and integrity of your activities on the Internet, including by installing anti-virus protection and maintaining external backups to recover any lost data or information.
No advice or information provided through the Toggle Network Services, Toggle Network, or any other Toggle Network Property is intended to be investment, financial, legal, tax, or other professional advice. Toggle Network and its affiliates do not provide investment, financial, legal, tax, or other professional advice and recommend that all users of the Toggle Network Services and Toggle Network obtain any investment, financial, legal, tax, or other professional advice that such user deems necessary in connection with their access to, use, or download of Toggle Network Services or participation in the Toggle Network.
Toggle Network is not responsible or liable for any software that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Toggle Network Services or your downloading or otherwise acquiring any content or other information from or through the Toggle Network Services.
The Toggle Network Services allow users of the Toggle Network Services to contribute their data in support of the creation, operation, and proliferation of the Toggle Network in exchange for the opportunity to receive certain indicators, points, or other intangible rewards (collectively, Rewards). Your opportunity to receive such Rewards in connection with your access to and use of the Toggle Network Services.
All users are responsible for their (a) access, use, and download of the Toggle Network Services, participation in the Toggle Network, and use of any other Toggle Network Property; and (b) access, use, and interaction with any third-party services, products, or technologies, including your compliance with all applicable laws in connection with the foregoing. Your access to and use of the Toggle Network Services, participation in the Toggle Network, and use of any other Toggle Network Property is purely voluntary, and you freely accept all risks and liabilities associated with the foregoing.
You acknowledge and agree that we reserve the right to:
You waive and release Toggle Network and its affiliates from and against any and all claims resulting from any action taken by Toggle Network or its affiliates during, or as a consequence of, investigations by any governmental authority.
The limitations of liability in this Section 10 do not affect any liability that cannot be excluded or limited under applicable law.
In no event will Toggle Network or its affiliates be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages (including, loss of profits, use, data, or other economic advantage) arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Toggle Network Services, Toggle Network, or any other Toggle Network Property; (c) your access to or use of the Toggle Network Services, Toggle Network, or any other Toggle Network Property; or (d) your participation in the Toggle Network, howsoever arising, either of a breach of these Terms (including breach of warranty), negligence, strict liability, tort, or any other theory of liability, even if Toggle Network or its affiliates have been previously advised of the possibility of such damage.
The total aggregate liability of the Toggle Network and its affiliates for direct damages arising under, in connection with, or related to (a) these Terms; (b) the operation or provision of the Toggle Network Services, Toggle Network, or any other Toggle Network Property; (c) your access to or use of the Toggle Network Services.
You agree to indemnify, defend, and hold harmless Toggle Network, its affiliates, and their respective directors, officers, shareholders, employees, staff, representatives, agents, licensors, licensees, successors, and assigns (the Toggle Network Indemnified Parties) from and against any and all claims, demands, damages, judgments, penalties, fines, costs, and expenses, including legal fees and disbursements, incurred by the Toggle Network Indemnified Parties (or any of them), relating to, arising from, or in connection with a third-party claim, demand, action, or proceeding arising out of (a) an allegation that your unauthorized use of any of the Toggle Network Property infringes, misappropriates, or otherwise violates any third party's rights or is otherwise unlawful; (b) your breach of these Terms, including any representation, warranty, covenant, or obligation in these Terms; (c) your negligence, fraud, or willful misconduct; (d) your use of the Toggle Network Property in a manner that is not authorized by these Terms; (e) your use of the Toggle Network Property in combination with data, software, hardware, equipment, or technology not provided by Toggle Network or authorized by Toggle Network in writing; or (f) any modifications made by you to any Toggle Network Property that have not been authorized by Toggle Network in writing.
Toggle Network may, at any time and from time to time, without notice, suspend or terminate your access or right to access or use the Toggle Network Services, participate in the Toggle Network, or otherwise access or use any Toggle Network Property, if Toggle Network determines, in its sole discretion, that you have violated or otherwise breached these Terms.
A suspension may be for such period of time as Toggle Network considers necessary to permit the thorough investigation of the conduct at issue. You agree that, upon the suspension or termination of your access to or use of the Toggle Network Services or participation in the Toggle Network, you will immediately cease and desist from all access to and use of the Toggle Network Services, participation in the Toggle Network, and access to or use of the Toggle Network Property, including in accordance with the written directions of Toggle Network.
Toggle Network will not provide links to third-party websites, webpages, social channels, and other online resources for your convenience only, including links to third-party websites for the purpose of connecting you with third parties who may offer Rewards in connection with your use of the Toggle Network Services. Toggle Network is not responsible for those websites and the inclusion of these links does not imply that Toggle Network either monitors or endorses them. Please be aware that these third-party websites, webpages, social channels, and other online resources are governed by separate terms and conditions and privacy policies.
You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at https://www.toggle.pro/terms-and-conditions. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Toggle Network Property after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.
Any Dispute is personal to you and us, and you agree that no Dispute will be brought as a class action, class arbitration, or any other type of representative proceeding.
To the extent permitted by applicable law, you acknowledge and agree that any Dispute that you may have arising out of or relating to (a) these Terms; (b) the operation or provision of the Toggle Network Services, Toggle Network, or any other Toggle Network Property; or (c) your access to or use of the Toggle Network Services, Toggle Network, or any other Toggle Network Property or your participation in the Toggle Network, must be commenced within one year after the date that is the earlier of: (i) the date you discovered the Dispute; or (ii) the day on which a reasonable person with the abilities in the circumstances of the person with the Dispute first ought to have known of the Dispute.
These Terms and any separate written agreement between you and Toggle Network constitute the entire agreement between you and Toggle Network with respect to the subject matter of these Terms. There are no representations, covenants, or other terms other than those set out under these Terms. These Terms supersede any previous discussions, understandings, or agreements between the parties relating to the subject matter of these Terms.
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party's authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party's authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Toggle Network and obligations assumed by you, except with Toggle Network's prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
If you have any questions, concerns or suggestions regarding the Services, Content, or these Terms, please contact us at foundation@toggle.pro.