The Neko LLC. (“Neko,” “we,” “us,” or “our”) is a blockchain development company, focused on innovating the blockchain though decentralized technology products. We provide a streamlined, secure way to interact with virtual currency with the goal of creating a new standard demanded by consumers and businesses in the DeFi space. Neko’s website,www.theneko.io, provides information regarding our products, services and sub-domains (collectively referred to as the “Sites”), including but not limited to text, images, audio/video, code and other materials or third party information.
You represent to us that you are lawfully able to enter into contracts and or agreement(s). If you are entering into this Agreement for any legal entity, such as the company you work for have some form of affiliation, you represent to us that you have legal authority to bind that entity. Please see Section 13 for definitions of certain capitalized terms used in this Agreement.
In addition, you represent to us that you and your financial institutions, or any party that owns or controls you or your financial institutions, are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom or other applicable government authority and (2) not located in any country to which the United States or the United Kingdom has embargoed goods or has otherwise applied any sanctions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
“Acceptable Use Policy” means the policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third parties to, use the Services:
to use the Services, or any interfaces provided with the Services, to access any other product or service in a manner that violates the terms of service of such other product or service.
“Account Information” means information about you that you provide to us in connection with the creation or administration of your Account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Account.
“API” means an application program interface.
“Applicable Threshold” has the meaning set forth in Section 4.2.
“Base Fee” has the meaning set forth in Section 4.2.
“Content” means software (including machine images), data, text, audio, video or images and any documentation we offer for the Services.
“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account.
“Fees” has the meaning set forth in Section 4.2.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’
“Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of The Neko LLC. and their affiliates or licensors that we may make available to you in connection with this Agreement.
“Order” means an order for the Products or Services executed through an order form directly with Neko, or through a cloud vendor, such as Amazon Web Services, Microsoft Azure, or Google Cloud.
“Overage Fees” has the meaning set forth in Section 4.2.
“Services” means each of the services offered by but not limited to The Neko, Maneki-Neko, NekoMask, Neko Guard, and others and any other features, tools, materials, or services offered from time to time, including our network infrastructure, by us or our affiliates.
“Service Offerings” means the Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third-Party Content or Third-Party Services.
“Suggestions” means all suggested improvements to the Service Offerings that you provide to us.
“Term” means the term of this Agreement described in Section 6.1.
“Termination Date” means the effective date of termination provided in accordance with Section 6, in a notice from one party to the other.
“Third-Party Content” means Content made available to you by any third party on the Site or in conjunction with the Services.
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with Account and any computational results that you or any End User derive from the foregoing through their use of the Services. Your Content does not include Account Information.