21e8, SL. Legal Notice

21e8, SL., Edifici Cornella I, Carrer Pau Casals 11, Despatx 4 Porta 1, AD500, Andorra la Vella

Email: support@21e8.tech

Effective Date: January 1, 2023

Acceptance of the Terms of Use

These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by 21e8, SL. (“21e8,” “we,” “us,” or “our”) using the website 21e8.tech (the “Site”) or our mobile applications, and to any other related services provided by 21e8, SL. (collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our privacy policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the privacy policy, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at the top of the Terms. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.

1. ELIGIBILITY

1.1. General Requirements

The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; and (d) have full power and authority to agree to these Terms.

In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such an entity's behalf. 21e8 reserves the right to modify, amend, or update these Terms at any time and for any reason.

1.2. Restricted Locations

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where 21e8 has determined, at its discretion, to prohibit use of the Services. 21e8 may implement controls to restrict access to the Services. You will comply with this Section even if 21e8’s methods to prevent use of the Services are not effective or can be bypassed.

2. DESCRIPTION OF SERVICES

Software Development. 21e8 provides a number of consultation and software development for websites, web-based applications, software plugins, and APIs. All payments coordinated by 21e8 are non-custodial, meaning 21e8 never takes possession of or holds funds on behalf of another person or entity at any time, not even for a moment.

Customers pay 21e8, SL directly in US Dollars (USD) or EUR (Euros) via ACH (Automated Clearing House, also known as "bank transfer"), SEPA (Single Euro Payments Area), bank wire, or credit card payments through the website 21e8.tech.

Database Services - 21e8 offers expertise in the field of Database technologies and can provide customers in-depth analysis of the inner workings and cross-functionality of various databases and digital assets. 21e8 provides software coding services as well as consultation services for a range of needs. 21e8 does not buy, sell, store, or otherwise involve itself with the movement of digital assets, databases, or cryptocurrency. Rather, 21e8 offers to build and operate software and services that facilitate communication between databases and other software tools.

Hosting - 21e8 offers a variety of hosting services for all users' needs. Mainly this involves providing hardware, rented or owned, for the purpose of storing the information contained in a customer's website or application.

Backup Databases - 21e8 are experts in backing up databases for the highest level of professional security and long-term data maintenance. We help keep software running as expected. We can offer multiple levels of up-time security, even setting up fail-overs in the case of a hardware failure.

Security Maintenance - 21e8 offers an extreme degree of security for your applications, website, software, and other communications. We help our customers maintain their security so that their users' passwords are impossible to leak and that their own machine access is secure to the highest standard possible.

Websites - 21e8 offers the development of websites, from simple to complex. Customers may contract with 21e8 for the development of sites including React and WordPress.

Mobile Apps - 21e8 has years of professional experience building applications for mobile with Dart and Flutter, using Android Studio and Apple Xcode. We have deployed apps to the Google Play Store and Apple App Store, and we offer this expertise to our customers as well.

Copywriting - 21e8 has expertise in offering copywriting services to produce compelling sales material that induces customers to buy your product or service. Along with building a website for your business, we can also populate it with gripping words to accompany any pictures to translate to closing more sales from your ideal target customers.

Consultation - 21e8 can consult you and your business partners on any of our wide offerings and areas of expertise. Need a website but want to have a go at doing it yourself? Consult with us first to set yourself up for success. Need to understand how a Database project will work with your app? We can consult you on that. And much more.

Information we collect: User IP address (for the purpose of identifying user location to comply with applicable laws), email address (for the purpose of registering an account and resetting password whenever necessary), a hashed version of the user's password (so that no plaintext version of a user's password is ever stored in our database but the user can securely log in) bitcoin and cryptocurrency addresses (for the purposes of communicating payment information). We do not share this personal data with any third parties.

You agree that 21e8 will not be held responsible for any losses arising from using the Site or Services.

3. ACCOUNT

3.1. 21e8 Account

In order to use any Services, you must create and maintain an account through the Services (“21e8 Account”). You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your 21e8 Account by protecting your password from unauthorized access or use; (e) promptly notify 21e8 if you discover or suspect any unauthorized access or use of your 21e8 Account or any security breaches related to your 21e8 Account; and (f) be responsible for all advertisements that occur under your 21e8 Account, and accept all risks of any authorized or unauthorized access to your 21e8 Account.

You acknowledge that 21e8 is not responsible for the risks associated with cryptocurrency purchases, and you voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions with the software.

To access the Services or any of the resources we offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to the use of any interactive features available as part of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable your use of our services in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. SERVICE DESCRIPTIONS

Below is a description of the Services 21e8 provides. Services may be added or removed at any time.

4.1 Software Development

21e8 provides a number of consultation and software development for websites, web-based applications, software plugins, and APIs. All payments coordinated by 21e8 are non-custodial, meaning 21e8 never takes possession of or holds funds on behalf of another person or entity at any time, not even for a moment.

4.2 Database Services

21e8 offers expertise in the field of Database technologies and can provide customers in-depth analysis of the inner workings and cross-functionality of various databases and digital assets. 21e8 provides software coding services as well as consultation services for a range of needs. 21e8 does not buy, sell, store, or otherwise involve itself with the movement of digital assets, databases, or cryptocurrency. Rather, 21e8 offers to build and operate software and services that facilitate communication between databases and other software tools.

4.3 Hosting

21e8 offers a variety of hosting services for all users' needs. Mainly this involves providing hardware, rented or owned, for the purpose of storing the information contained in a customer's website or application.

4.4 Backup Databases

21e8 are experts in backing up databases for the highest level of professional security and long-term data maintenance. We help keep software running as expected. We can offer multiple levels of up-time security, even setting up fail-overs in the case of a hardware failure.

4.5 Security Maintenance

21e8 offers an extreme degree of security for your applications, website, software, and other communications. We help our customers maintain their security so that their users' passwords are impossible to leak and that their own machine access is secure to the highest standard possible.

4.6 Websites

21e8 offers the development of websites, from simple to complex. Customers may contract with 21e8 for the development of sites including React and WordPress.

4.7 Mobile App

21e8 has years of professional experience building applications for mobile with Dart and Flutter, using Android Studio and Apple Xcode. We have deployed apps to the Google Play Store and Apple App Store, and we offer this expertise to our customers as well.

4.8 Copywriting

21e8 has expertise in offering copywriting services to produce compelling sales material that induces customers to buy your product or service. Along with building a website for your business, we can also populate it with gripping words to accompany any pictures to translate to closing more sales from your ideal target customers.

4.9 Consultation

21e8 can consult you and your business partners on any of our wide offerings and areas of expertise. Need a website but want to have a go at doing it yourself? Consult with us first to set yourself up for success. Need to understand how a Database project will work with your app? We can consult you on that. And much more.

5. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF 21e8, SL.

When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using the software, including but not limited to, risks of financial loss, legal risk, or theft.

You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against 21e8, SL., and its affiliates.

21e8, SL. disclaims any and all liability for the contents of the advertisements on its site. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks.

6. PRIVACY POLICY

Please refer to our Privacy Policy for information on how 21e8. collects, uses, and shares your information.

7. GENERAL SERVICE TERMS

7.1. Dispute Resolution

21e8, SL. reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

7.2. Accuracy of Information

Users must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.

7.3. Compliance with Law; Taxes

You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, laws apply to you based on your country of residence. 21e8, SL takes no liability for any of its users' actions. 21e8, SL recommends you consult with a lawyer prior to engaging in any transactions. Taxes may apply to your purchases or sales completed using the software. It is your responsibility to report and remit the correct tax to the appropriate tax authority. 21e8, SL is not responsible for determining whether taxes apply to your use of our services.

7.4. Unacceptable Use or Conduct

You will not:

Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;

Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

Use any robot, spider, crawler, scraper, or other automated means or interface not provided by 21e8 to access the Services or to extract data;

Use or attempt to use another user’s account without authorization;

Introduce any malware, viruses, or other harmful material to the site;

Develop any third-party applications that interact with our Site without our prior written consent, or unless otherwise agreed;

Provide false, inaccurate, or misleading information;

Post content or communications that are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; or

Encourage or induce any third party to engage in any of the activities prohibited under this Section.

7.6. Service Fees

21e8 reserves the rights to charge service fees on users who use its services. The fees are included in the Section 2 of this Agreement. It is at the discretion of 21e8 to adjust the service fees charged to users using its services. Any tax is additional. Fees are non-refundable.

8. ELECTRONIC NOTICES

8.1. Consent to Electronic Delivery

You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that 21e8 provides in connection with this Agreement, your 21e8 Account, or any Services. You agree that 21e8 may provide these Communications to you by posting them via the Terms of Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact 21e8’s Support Team to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below) by filing a support request at support@21e8.tech.

8.2. Withdrawal of Consent

You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at support@21e8x.com. If you decline or withdraw consent to receive electronic Communications, 21e8 may suspend or terminate your use of the Services.

8.3. Updating Contact Information

It is your responsibility to keep your email address and/or mobile phone number on file with 21e8 up to date so that 21e8 can communicate with you electronically. If 21e8 sends you an electronic communication but you do not receive it because your email address or mobile phone number on file is incorrect, or you are otherwise unable to receive electronic Communications, 21e8 will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add 21e8 to your email address book so that you will be able to receive the Communications 21e8 sends to you. You can update your email address, mobile phone number, or street address at any time by filing a support request at support@21e8x.com. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by 21e8 are returned, 21e8 may deem your account to be inactive, and you may not be able to complete any transaction via our Services until 21e8 receives a valid, working email address or mobile phone number from you.

9. PROPRIETARY RIGHTS

9.1. Ownership of Services

The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“21e8 Materials”) together with all intellectual property rights in any of the foregoing are, as between you and 21e8, owned by 21e8.

9.2. Limitations

You may use the 21e8 Materials solely as authorized by 21e8 in connection with your use of the Services for as long as 21e8 permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services or 21e8 Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or 21e8 Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or 21e8 Materials; or (d) otherwise use the Site, Services or 21e8 Materials for any commercial or noncommercial purpose other than their intended purposes determined at 21e8’s discretion. “21e8”, any product or service names, logos, and other marks used on the Site or 21e8 Materials, or otherwise in connection with the Services, are trademarks owned by 21e8 or its licensors. You may not copy, imitate or use them without 21e8’s prior written consent.

9.3. Feedback

21e8 will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to 21e8 all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

9.4. User Content

When you agree to these Terms of Service, 21e8 grants you a limited, revocable, non-exclusive, non-assignable license to use 21e8 in compliance with these Terms; unlicensed use is unauthorized.

10. DISCLAIMER OF WARRANTIES

To the maximum extent permitted under applicable law, the site, the services, the 21e8 materials and any product, service or other item provided by or on behalf of 21e8 are provided on an “as is” and “as available” basis and 21e8 expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, 21e8 does not represent or warrant that the site, the services or 21e8 materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.

11. INDEMNIFICATION

You will defend, indemnify, and hold harmless 21e8, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, 21e8 (or, at 21e8’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether 21e8 wishes to settle, and if so, on what terms.

12. DISCLAIMER OF DAMAGES

In no event will 21e8, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the services, the 21e8 materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of 21e8, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of 21e8), even if 21e8 has been advised of the possibility of such damages.

13. LIMITATION OF LIABILITY

In no event will the liability of 21e8, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with site, the services, the 21e8 materials, advertisements found on the site, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of 21e8, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of 21e8) exceed the amount of the fees paid by you to 21e8 under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

14. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration in the Court of Arbitration of the Andorra Chamber of Commerce and Industry.

Each of you and 21e8 disclaims the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services and (3) you specifically waive any right to arbitrate in any other location, including your hometown.

With respect to disputes subject to arbitration pursuant to this section 13, both you and 21e8 are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.

15. GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Andorra without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that 21e8 may initiate a proceeding related to the enforcement or validity of 21e8’s intellectual property rights in any court having jurisdiction. You waive any objection to venue in any such courts.

These Terms of Use are governed by and construed in accordance with the internal laws of New Hampshire without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the federal courts of New Hampshire. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. MISCELLANEOUS

16.1. Remedies

If you violate any of these Terms, 21e8 may, as it determines reasonably necessary to suspend or cancel your account. 21e8 shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by 21e8 pursuant to this paragraph. Any right or remedy of 21e8 set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

16.2. 21e8 Affiliates and Contractors

An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by 21e8, its Affiliates, or their respective contractors. To the extent that an Affiliate of 21e8, or contractor of 21e8 or an Affiliate of 21e8, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever 21e8’s name occurs in these Terms.

16.3. Nonwaiver

21e8, SL’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

16.4. Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

16.5. Force Majeure

21e8, SL will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of 21e8, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

16.6 Assignment

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. 21e8 may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

16.7. Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

16.8. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.9. Entire Agreement

These Terms constitute the entire agreement between you and 21e8 regarding your use of the Sites, superseding any prior version of these Terms between you and 21e8 with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Your Comments and Concerns

The Services are operated by: 21e8, SL

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@21e8.tech.