Blowfish Customer Terms of ServiceLast updated: February 15, 2023
These Blowfish Customer Terms of Service (the Customer Terms) are a binding and enforceable agreement between you and Ninja Security AG, Grienbachstrasse 17, 6300 Zug, Switzerland (CHE-337.798.612) (Ninja Security) governing your use of our online Blowfish Protect service (the Service). By using the Service, you accept and agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, you shall not use the Service.
To use the Service, you must be older than 18 years and capable of forming a binding contract with Ninja Security, and not otherwise barred from using the Service under applicable laws. If you do not meet the requirements, you will not use the Service. If you access or use the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Customer Terms, and that by accepting these Customer Terms, you are doing so on behalf of that entity.
Ninja Security may update these Customer Terms at any time in its sole discretion. Ninja Security will notify you of changes to these Customer Terms by posting the changes to the Ninja Security website, by email, or through other communications. If you continue to use the Service after Ninja Security posts updated Customer Terms, you agree to be bound by those updated Customer Terms. If you do not agree to be bound by those updated Customer Terms, you shall not continue using the Service.
Customer Data means any data submitted, posted, transmitted, or otherwise provided by you when using the Service. For clarity, Customer Data excludes the Service.
Customer Terms is defined in the first paragraph of these Customer Terms.
Intellectual Property Rights means, on a worldwide basis, any and all: (a) rights associated with works of authorship, including copyrights, moral rights, and database rights; and (b) trademarks; and (c) trade secrets and know how; and (d) patents and designs; and (e) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (f) registrations, initial applications, renewals, extensions, continuations, divisions or reissues of the foregoing.
Ninja Security Indemnitees means Ninja Security and any of its officers, directors, employees, subcontractors, agents, and affiliates.
Ninja Security is defined in the first paragraph of these Customer Terms.
Service is defined in the first paragraph of these Customer Terms.
Under these Customer Terms, the words include and including mean "including but not limited to".
- Description. Our Service enables you to have any blockchain transaction or message you are being prompted to sign, scanned by us for potential fraud risk. Our Service will provide you with metadata and warnings related to those transactions or messages.
- User Responsibility. While our Service may help you to detect potential fraud, it is your ultimate responsibility as a user to proceed with, or decline a transaction, at your own risk, regardless of whether our Service suspects potential fraudulent activity or not. You should also keep in mind that a transaction may appear suspicious but still be legitimate. You will be solely responsible for any losses or damages resulting from your decision to proceed or not proceed with a transaction.
- Credentials. You may only access the Service using the credentials provided by Ninja Security. Ninja Security reserves sole discretion over whether to grant or revoke access to your credentials. You may also be required to create an account on Ninja Security‘s website to access the Service. You will keep your credentials and all login information related to your Ninja Security account secure. You will not share your credentials or account login information with any third party.
- Service Limits. Ninja Security may in its sole discretion set and enforce limits on your use of the Service, including the number of calls to the Service that you may make. Ninja Security may monitor your use of the Service to ensure compliance with these limits, and to ensure quality, security, and compliance with these Customer Terms, including by employing technical measures. You will not interfere with such monitoring.
- Updates. Ninja Security may, in its sole discretion, at any time, with or without notice, and without liability to you, make updates to the Service, and change or discontinue the availability of some or all functionality of the Service. You will use only the most recent version of the Service unless Ninja Security provides advance written approval otherwise. Your continued use of the Service following any update or change will be deemed your acceptance of such modifications.
- Restrictions. In connection with your use of the Service, you will not, and will not authorize or encourage any third party to, directly or indirectly:
- rent, lease, loan, sell, sublicense, assign, or otherwise transfer any rights in or to the Service; and
- distribute or resell the Service or any portion of the Service, or attempt to do any of the foregoing; and
- remove any proprietary notices or confidentiality notices from the Service or any portion of it; and
- modify, translate, reverse engineer, disassemble, reconstruct, decompile, or create derivative works of the Service, other Ninja Security products and services, or any portion of the foregoing, except to the extent that this restriction is expressly prohibited by applicable laws; and
- use or access the Service to monitor the availability, performance or functionality of the Service, Ninja Security's other products or services, or any portion of the foregoing, or for any similar benchmarking purposes; and
- use the Service in a manner likely to cause a material degradation in the services provided by Ninja Security to its other customers; and
- engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications, or other properties or services of Ninja Security; and
- conduct any load testing or penetration testing on the Service without Ninja Security's prior written consent; and
- bypass or circumvent any Service technical restrictions or security measures, including limitations on calls to the Service; and
- distribute viruses, malware, spyware, adware, or other harmful programs; and
- falsify or alter any unique identifier assigned to you (e.g., your credentials); and
- develop an application whose primary purpose is to migrate customers off the Service.
- Usage Information. You agree that Ninja Security may use information about your usage of the Service (e.g. type and number of calls to the Service) for any purpose, including to improve its products and services.
- General. In order to use the Service, you will be charged Ninja Security's current pricing that can be found on its website or is communicated to you by Ninja Security. These fees may change at any time at Ninja Security's sole discretion. If Ninja Security has agreed in writing to give you free access to the Service, including for a trial or limited period, or for a basic version of the Service, you will not be charged Ninja Security’s current pricing.
- Taxes. All charges are exclusive of taxes. To the extent taxes are applicable (e.g., VAT), Ninja Security will charge you such taxes and you will pay such taxes on top of the charges. If you are required to deduct or withhold tax from your payment, then you will pay such additional amount as will ensure that the net amount Ninja Security receives and retains equals the full amount which Ninja Security would have received and retained had the deduction or withholding not been required.
- Payment. You will make payment through such means as Ninja Security will communicate to you (including by wire transfer, credit card payment, or other means of payment).
Intellectual Property Rights
- Service License. Subject to these Customer Terms, Ninja Security grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, limited license to use the Service in accordance with its then-current documentation as an end user only.
- Customer Data License. You grant Ninja Security a non-exclusive, irrevocable, worldwide, transferable, sublicensable license to copy, store, transmit, edit, translate, transform, and create derivative works of, Customer Data to the extent reasonably required for Ninja Security's performance of the obligations and the exercise of the rights under these Customer Terms and for the purpose of creating, generating, training, testing and verifying machine learning and other artificial intelligence systems, tools, applications, algorithms and models of Ninja Security or its licensees.
- Reservation of Rights. Ninja Security owns all right, title, and interest, including all Intellectual Property Rights, in and to the Service, its documentation, and all other Ninja Security products, services, marks and branding. As between you and Ninja Security and except as expressly set forth in this Section 4, no rights are granted to you regarding Ninja Security's Intellectual Property Rights.
- Feedback. If you provide any feedback regarding the Service or other Ninja Security products or services, you agree that Ninja Security will be free to use such feedback for any purpose, including to improve the Service and other Ninja Security products and services, and to develop new products and services.
- General. To the extent permitted by applicable law, you will indemnify, hold harmless and defend at your expense, Ninja Security Indemnitees from any and all third party claims, actions, proceedings, and suits brought against any of Ninja Security Indemnitees, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses), arising out of or relating to: (a) your breach of these Customer Terms; or (b) your use of the Service; or (c) your violation of applicable laws; or (d) any third party Intellectual Property Rights or privacy rights in connection with the Service; or (e) Customer Data that is uploaded, transmitted, stored, or otherwise processed by you or on your behalf in connection with the Service.
- Settlement. You will not compromise or settle any indemnified claim in any manner, nor make any admission of liability, without Ninja Security's prior written consent, which Ninja Security may provide in its sole discretion. Ninja Security reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer of Warranties and Limitation of Liability
- Scope. The terms of this Section 6 apply to the fullest extent permitted by law. Nothing in this Agreement will be construed as excluding or limiting the liability of either party for matters that cannot be excluded or limited by Swiss law.
- Disclaimer of Warranty. The Service is provided "AS IS" and "AS AVAILABLE", without warranties or guarantees of any kind, whether express or implied, including statutory warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Ninja Security makes no warranty that the Service will always be uninterrupted, secure, or error-free, or that the Service will meet your requirements. Ninja Security takes no responsibility and assumes no liability for Customer Data, or loss of data or damage to your systems or other systems that results from your use of the Service. Ninja Security's Service solely provides suggestions on the actions you should take and you have the sole responsibility to take the final decision on the course of action.
- Limitation of Liability. In no event will Ninja Security have any liability for your damages of any kind, such as for lost revenues or profits, direct, indirect, special, incidental, consequential, exemplary, or punitive damages, or loss of data, use, goodwill, or other losses resulting from your access to or use of (or inability to access or use) the Service or otherwise in connection with these Customer Terms.
- General. Ninja Security may terminate or suspend your access to the Service, or terminate these Customer Terms, at any time and at Ninja Security’s sole discretion. Without limiting the foregoing, Ninja Security may terminate your right to use the Service or these Customer Terms if Ninja Security determines in its sole discretion that you are in breach of the Customer Terms or that your use of the Service poses a security or legal risk to Ninja Security.
- Consequences of Termination. Upon termination of these Customer Terms or your account, all rights and licenses granted to you by Ninja Security under these Customer Terms will immediately terminate, and you will immediately cease use of the Service. Following termination of these Customer Terms, Ninja Security reserves the right to delete Customer Data and has no obligation to store Customer Data, provided that Ninja Security may retain Customer Data as required to comply with applicable laws.
- Consumer Laws. These Costumer Terms do not restrict any rights granted to you by mandatory consumer protection laws in your jurisdiction. However, you agree that these Customer Terms and such laws should be interpreted in a manner that allows for maximum compatibility. Without limitation to the foregoing, the disclaimers and limitations of Section 6 shall be applied to the maximum extent enforceable under applicable mandatory consumer laws.
- Dispute Resolution. Any dispute, controversy, or claim arising out of, or in relation to, these Customer Terms or your use of the Service, including regarding the validity, invalidity, breach, or termination of these Customer Terms, will exclusively be resolved by the competent courts in Zug, Canton of Zug, Switzerland.
- Governing Law. These Customer Terms and all claims arising out of, or in connection with, these Customer Terms or your access to the Service (including all claims arising out of contract, tort, or unjust enrichment) are in all respects governed, construed, and enforced according to the substantive laws of Switzerland. The U.N. Convention on the International Sale of Goods of 11 April 1980 will not apply.
- Entire Agreement. These Customer Terms represent the entire agreement between you and Ninja Security regarding the Service, and supersede and replace any and all prior written or oral understandings or agreements between you and Ninja Security regarding the Service.
- Severability. If any term or condition of these Customer Terms is declared illegal or otherwise unenforceable, it will be severed from the remainder of these Customer Terms without affecting the legality or enforceability of the remaining portions.
- Waiver. Ninja Security's failure to enforce any right or provision of these Customer Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ninja Security. Except as expressly set forth in these Customer Terms, the exercise by either party of any of its remedies under these Customer Terms will be without prejudice to its other remedies under these Customer Terms or otherwise.
- Assignment. You shall not assign or transfer any of your rights or obligations under these Customer Terms without Ninja Security's prior written consent. Any attempt by you to assign or transfer these Customer Terms or any of your rights or obligations without such consent will be null and void. Ninja Security may freely assign or transfer any of its rights or obligations under these Customer Terms. Subject to the foregoing, these Customer Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- No Third Party Beneficiaries. These Customer Terms are intended for the benefit of the parties and their respective permitted successors and permitted assigns, and are not for the benefit of, nor may any provision of these Customer Terms be enforced by, any other person or entity.
- Notice. We may make notice to you to the mailing or email address associated with your account. You must make all notices to Ninja Security to: Ninja Security AG, Grienbachstrasse 17, 6300 Zug, Switzerland with a copy via email to email@example.com.