Last updated: March 30, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://chainometry.com website (the "Service") operated by Message Stick Software Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
A subscription plan is required to add data to our database to create and distribute digital assets in the form of reports, graphs, tax documents, images and other such reporting items for tax reporting purposes and profit/loss assessment on your crypto trading activities. These are all considered "digital assets" by Chainometry.Subscription Plan Transactions
Transactions are allowed to be added you an account as long as there is an active subscription on the account. Each plan purchased is limited by a subscription period (usually 12 months). Transactions from one subscription period cannot be used in any other subscription period.
An account holder is only allowed to process transactions for a single user only; the account holder who purchased the subscription plan. This Service does not grant permission to use a subscription to process transactions that were not traded by the account holder.
Transactions are counted when you import exchange transactions into your trading account (either by file import, API import or manual entry). Deleting the imported trade data does not return the transaction to your balance. In other words, once a transaction is counted it can never be 'un-counted' (with one exception).Transaction re-use
You can, however, re-import data that has already been counted but has been deleted (for example, deleting the import session or deleting the manually entered trade) . The imported data must be identical to the original records that were deleted. This way, if you accidentally delete one ore more trades, you will not be penalised by reducing the number of available transactions you have.Identicality
To identify identical records, we either used the transaction id allocated to the record by the exchange, or (when the transaction id is absent) by the combination of the date & time, asset pair, price and quantity values of the transaction record for the trading account.Duplicates and Potential Duplicates
A duplicate is ignored by the system when an existing transaction id assigned to the record by the exchange is found. This record will not be imported. This doesn't matter whether the import occurred during file import or API import.
Where there is no transaction id on the imported record, a potential duplicate is flagged by the combination of the date & time, asset pair, price and quantity values of the record (see Identicality). These records are deemed by the system to be 'potential duplicates' and will not be counted against your transaction limit (if you have one). This way, you can remove these records without being penalised as it has not been counted. If they are indeed legitimate records then consider it a free bonus on our behalf.Errors & Cancellations
If there is an error during import or you successfully cancel the import, the system rolls back any changes made and therefore your trading account is left in a state that it was before the import started. No transactions will be counted in this circumstance.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Message Stick Software Pty Ltd.
Message Stick Software Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Message Stick Software Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
If your account is suspended, your ability to add transactions to your account will also be suspended. If your account is Terminated, all transaction data and any digital assets assigned to your account will be removed from your account permanently.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Message Stick Software Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.Accuracy of reports
Chainometry makes no assurance or guarantee as to the accuracy of the data on digital assets produced by the system. All outputs in the form of digital assets depends on correct and complete data added to the system. Chainometry does not guarantee that the data added to the system by either file import or by API is complete or accurate as this data is reliant on third party entities and systems outside of the control of Chainometry.
All outputs of the system in the from of digital assets must undergo detailed analysis by you, the user or a qualified tax professional, for it's accuracy and the appropriateness for submission to any external party and government authority. It is recommended that the digital assets obtained by using Chainometry system are checked for accuracy by a tax agent with specialised knowledge of crypto-currency trading before submission to any government authority or for any tax purpose reporting.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.