BLADE (entity of ADBANK INC)
GENERAL TERMS AND CONDITIONS for users acquiring the use of BLADE
READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY DOWNLOADING THE EXTENSION LOCATED AT
BLADE.SOFTWARE OR VIA FIREFOX ADD-ONS (“Website”) AND PRODUCTS OFFERED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE BLADE NOR ITS PRODUCTS. BY USING BLADE YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. YOU MAY BE REFERRED TO YOU, ANY ENTITY THAT YOU REPRESENT, OR ANY AGENT OR AFFILIATE THEREOF.
BLADE RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. ALL USERS SHOULD REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY DOWNLOADING AND USING OUR EXTENSION AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO ANY AND ALL MODIFICATIONS.
THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL. NOTHING IN THIS DOCUMENT OR ANY OTHER ASSOCIATED DOCUMENT ON THE WEBSITE CONSTITUTES A SOLICITATION FOR INVESTMENT OR OFFERING IN ANY SECURITY OR COLLECTIVE INVESTMENT SCHEME AND SHALL NOT BE CONSTRUED IN THAT WAY.
THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE TO, ANY SECURITIES OR COLLECTIVE INVESTMENT SCHEME IN ANY FORM WHATSOEVER. ACQUISITION OF CRYPTOGRAPHIC TOKENS FROM THE USE OF BLADE DOES NOT PRESENT AN EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF ORDINARY ADB TOKENS IN BLADE OR ADBANK, AND HOLDER OF ANY CRYPTOGRAPHIC TOKENS, ISSUED THROUGH THE USE OF BLADE IS NOT ENTITLED TO ANY GUARANTEED FORM OF DIVIDEND OR OTHER REVENUE RIGHT. HOLDERS OF ADB CRYPTOGRAPHIC TOKENS ARE ONLY ENTITLED TO THE USE OF THE BLADE EXTENSION AND SOFTWARE AND CERTAIN OTHER RIGHTS WITHIN THE EXTENSION IN ACCORDANCE WITH THE TERMS SET OUT HEREIN.
BLADE DOES NOT IN ANYWAY PROVIDE EXCHANGE OF SHARE OF CRYPTOGRAPHIC TOKENS FOR FIAT CURRENCY.
ANY PERSON OR ENTITY, INCLUDING ANYONE ACTING ON ITS BEHALF, BEING BASED, DOMICILED, LOCATED OR INCORPORATED IN THE UNITED STATES OF AMERICA AND ANY OF ITS LANDS, CANADA, CHINA, THE REPUBLIC OF KOREA OR IN THE REPUBLIC OF SEYCHELLES, SHALL BE RESTRICTED FROM DOWNLOADING AND USING BLADE.
BLADE EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE EXTENSION.
BY USING THE EXTENSION, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOU WILL HOLD BLADE AND ADBANK AND ANY PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, AGENTS, AND REPRESENTATIVES THEREOF HARMLESS FOR ANY SUCH LOSS OR DAMAGES.
1. The Extension
1.1 Blade is developed and created by Adbank and is an entity of Adbank Inc.
1.2 The aim of Blade is to develop and deploy a downloadable extension as a Service and Software (“Extension”).
1.3 Blade Extension’s integral and sole purpose is:
(a) to serve as an ad blocker to users
2. Acceptance of Terms
2.2 Blade may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
4. Blade Extension Licence
4.1 Subject to the terms hereof, Blade grants you personal, non-exclusive license to install and use the Blade extension. Blade and its licensors shall retain all intellectual property rights in the Blade extension (and Service), except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, or logo (collectively, “Marks”), copyright or other proprietary notice on the Blade browser. This license does not grant you any right to use Marks of Blade or its licensors. If you breach this Agreement, the above license and your right to use the Blade browser will terminate immediately and without notice.
5. Rules and Conduct
5.2 Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Blade’s (or its third party providers’) infrastructure; or (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Blade may use to prevent or restrict access to the Service (or parts thereof).
6. Trademarks & Patents
6.1 All Blade’s logos, marks and designations are trademarks or registered trademarks of Blade. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Blade or their respective owners (including Adbank).
9.1 If You are registering to use the Extension on behalf of a legal entity, You represent and warrant that:
(a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
(b) You are duly authorized by such legal entity to act on its behalf.
9.2. You further represent and warrant that You:
(a) are of legal age to form a binding contract (at least 18 years old in most of the jurisdictions);
(b) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which You are a party;
(c) are not located in, under the control of, or a national or resident of any Restricted Areas;
(d) have not been placed on any sanctions lists published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC);
(e) have carefully reviewed the content of this document and have understood and agreed with these Terms.
10. Financial Regulations and Cooperation with Legal Authorities and Authorized Financial Institutions and Regulators
10.1 Blade is closely following changes to legislation in relevant jurisdictions and shall take reasonable steps to maintain regulatory compliance if any legal or regulatory changes impact operations of ADB tokens or the Extension. Blade is not a financial institution. Blade does not provide any licensed financial services, such as investment services, capital raising, fund management or investment advice.
10.2 These Terms or any associated document produced by Blade, including the Extension and any content therein, do not constitute an offer or solicitation to sell ADBs or securities.
10.3 None of the information or analyses presented are intended to form the basis for any investment decision, nothing contained in any Blade document or communication constitutes a specific investment recommendations, and Blade services and the Extension are not, do not offer and shall not be construed as
investment or financial products.
10. 4 Blade undertakes to cooperate with any governmental legal authority or regulator or supervisory authority of any country, and also with all authorized financial institutions.
12.1 Blade, its affiliates and their respective officers, employees or agents shall not be liable to you for losses or damages of any kind resulting from your use of the Extension or any Blade product. User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, ADB tokens or the Extension and that Blade, its affiliates and their respective officers, employees or agents, shall not be liable under any cause of action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence), or any indirect, incidental, special, exemplary or consequential damages, including for loss of profit, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, ADB tokens or the Extension. User further specifically acknowledges that neither Blade nor Adbank is not liable for the conduct of third parties, including other users, and that the risk of use rests entirely with you.
12.2 Further, neither Blade, Adbank nor any of its affiliates nor their respective officers, employees or agents will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) the cost of procurement of substitute goods or services;
(b) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the Extension;
(c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with the Extension.
12.3 You will defend, indemnify, and hold harmless Blade, Adbank, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement or your use of the Extension contrary to these Terms. If Blade or any affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse Blade for reasonable attorney fees, as well as Blade’s employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
12.4 The information, software, products, and services included in or available through the Extension may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Blade and/or its suppliers may make improvements and/or changes to the Extension at any time. Blade makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the to the Extension, information, software, products, services and related graphics contained in the Extension for any purpose. To the maximum extent permitted by applicable law, the Extension and all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Blade hereby disclaims all warranties and conditions with regard to the Extension, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
12.5 You warrant to Blade that you will not use the Extension for any purpose that is unlawful or prohibited by these Terms. You may not use the Extension in any manner that could damage, disable, overburden, or impair the Extension or the Adbank platform.
13.1 You will implement reasonable and appropriate measures designed to secure access to (i) any device associated with the email address associated with your account with the Extension and (ii) your username, password and any other login or identifying credentials of the Extension.
13.2 In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials to the Platform, we may, in our sole discretion, and only if we are able, grant access to your account to any party providing additional credentials to us. We explicitly reserve the right to determine the additional credentials required, which may include, without limitation, a sworn, notarized statement of identity.
1.1 We are committed to safeguarding the privacy of Blade’s visitors and users. As a principle, Blade may collect only what we need and will not share your personal information with any third parties other than our identity verification partner, if it applies. Even within Blade, access to your personal information is limited to a subset of employees who work on compliance and identity verification matters. Blade is the only data controller and processor.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of Blade’s users; in other words, where we determine the purposes and means of the use of that personal data.
1.3 In this policy, "we", "us" and "our" refer to Adbank and Blade, respectively. (For more information about us, see Section 8.)
2. Use of Personal Data
2.1 In Section 2 we set out:
(a) the general categories of personal data that we may use;
(b) the purposes for which we may use personal data; and
(c) the legal bases of the use of data.
2.2 We may use and store your account data ("account data"). The account data will include your age, gender, name, email address, location, photo ID, and photo of you. The account data may be used for the purposes of operating Blade, providing our services, ensuring the security of Blade and services, maintaining back-ups of our databases and communicating with you. Outside the account data you provide us, we will not collect any further personal data. The legal basis for this processing is for our legitimate interests, namely monitoring and improving our extension and services and targeting advertisements more effectively.
2.3 You will provide to us, immediately upon our notice of request, information that we, in our sole discretion, deem to be required to maintain compliance with any law, regulation or policy. Such documents include, but are not limited to, passports, driver’s licenses, utility bills, photographs of you, government identification cards, or sworn statements. Blade reserves its right to request documentation, described above, prior to activating your account at any of Blade and the Extension services, and any services, available through the Extension. Blade may refuse you access to the Extension should it have doubts as to validity, authenticity and genuineness of the documents, provided by you.
2.3 We may use any of your account data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this use of data is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.4 In addition to the specific purposes for which we may use your account data set out in this Section 2, we may also use any of your account data where such use is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Sharing Data to Others
3.1 We may disclose your collected account data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.adbank.network.
4. Retaining & Deleting Data
4.1 This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
4.2 We will retain your personal data as follows:
(a) Personal data will be retained for as long as your account is active/registered to the Blade system OR if you change your account data information.
4.3 Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5.1 We may update this policy from time to time by publishing a new version on our website. It is your responsibility to check this policy for any updates. This policy is located on our website at blade.software and on the Blade extension under Settings > Info > Terms and Conditions.
6. Your rights
6.1 In this Section 6, we have summarised the rights that you have under data protection law.
6.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. You may view your personal and stored data through the Blade extension by contacting us. This can be done under Settings, clicking your kyc verification status, and contacting us through the link at the bottom of the page.
6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5 In some circumstances you have the right to the deletion of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
6.6 In some circumstances you have the right to restrict the use of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our use, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise use it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
6.7 You have the right to object to our use of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the use is that the use is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the use which override your interests, rights and freedoms, or the use is for the establishment, exercise or defence of legal claims.
6.8 To the extent that the legal basis for our use of your personal data is:
(a) consent; or
(b) that the use is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such use is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
6.9 If you consider that our use of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
6.10 To the extent that the legal basis for our use of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will affect your use of the Blade extension.
7. Security of your Personal Data
7.1 We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal data.
7.2 We store and process your personal information on our servers, where our facilities or our service providers are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfill their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time be stored also in other locations.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing your Blade account confidential; we will not ask you for your password (except when you log in to your Blade account).
8. Our Details
8.1 This website and the Blade extension is owned and operated by Adbank Inc.
8.2 We are registered in Ontario, Canada under Ontario Corporation registration number 0 0 2 5 9 7 7 5 7, and our registered office is at 1 First Street, Collingwood, Ontario, Canada.
8.3 Our principal place of business is at 1 First Street, Collingwood, Ontario, Canada.
8.4 You can contact us:
(a) by post, to 1 First Street, Collingwood, Ontario, Canada, L9Y1A1; or
(d) by email, using firstname.lastname@example.org.