This Sandbox User Agreement (“Agreement”) is a contract between you and Phenixio and applies to your use of the Phenixio Sandbox and any related products and services available through https://phenixio.com (collectively, the “Sandbox Service”).
By registering for, accessing and using the Sandbox Service, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree to these terms and conditions, you must immediately cease your use of the Sandbox Service.
1.1. Test Environment. We do not make any promises or claims as to the availability or uptime of the Sandbox Service. The Sandbox Service is a test environment. You may only use testnet Bitcoin. Any accounts or transactions made on the Phenixio Sandbox are not real and no real money will change hands.
1.2. No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1.3. Limitation of Liability. IN NO EVENT WILL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED US DOLLARS ($100.00).
1.4. Indemnification. You agree to indemnify and hold Phenixio, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim, suit or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Sandbox Service.
1.5 Limitations. Service provides limited access to Lightning Network and Testnet Bitcoin
1.6 Confidentiality. The Phenixio Sandbox Account is designed to assist Phenixio in researching, analyzing and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). Phenixio may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below. Definition. “Confidential Information” means all information disclosed by Phenixio, including, without limitation, code, inventions, know-how, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Phenixio may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Phenixio, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Phenixio shall be entitled to seek equitable relief, including injunction, in the event of such breach.
1.7 Intellectual Property. Each Party owns all right, title and interest in and to its proprietary software, products, and processes. Developer will take no action inconsistent with such right, title and interest and agrees to always use Phenixio’ copyright notice when applicable. Developer agrees not to challenge or make claims against any Phenixio’ products or services provided under this Agreement. Except for the rights and licenses expressly granted to Developer in this Agreement, Phenixio shall retain all right, title and interest in and to the Platform, Sandbox Account, Platform API’s, Platform documentation, Sandbox Account documentation, Phenixio intellectual property, and any derivatives of the foregoing and/or intellectual property associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to Developer or any other entity or person under this Agreement. Developer will not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the Platform or related technology.
1.8 Non-Competition. Phenixio’s direct competitors are prohibited from accessing the Sandbox Account provided by Phenixio, except with Phenixio’s prior express written consent. In addition, the Sandbox Account may not be accessed for the exclusive purpose of monitoring performance, or functionality, or for any other benchmarking or competitive purposes.