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Dune

Terms of Service

Last updated: 3rd November 2022

In these terms of service (“Terms of Service”), the words "you," "your," and "User" mean each and every person who accesses or uses any Service (as defined below), including any business or other entity on behalf of which any Service is accessed. The words "we," "us," "our," refers to "Dune" as defined below.

Please review these Terms of Service before using or accessing any products or services offered by Dune (each, a "Service," collectively “Services”), which include but are not limited to Dune’s website (dune.com) and the subdomains thereof (collectively, the "Site").

All Services are provided by the company Dune Analytics AS, a Norwegian registered company with business reg.no. 921 400 349 (“Dune”). By accessing or using any Service, you signify that you have read, understand, and agree to be bound by these Terms of Service, regardless of whether you have registered with Dune as a User.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE WITHOUT LIMITATION OR EXCLUSION OR TO ANY CHANGES TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY EXIT THE SITE AND STOP USING THE SERVICE.

General Terms and Conditions

General

The terms and conditions found in these "General Terms and Conditions" section of the Terms of Service apply to all Services. You understand that specific terms and conditions may apply to certain Users and Services as set out in the following  Addenda incorporated into these Terms of Service:

Dune Application Service Addendum

Dune API Service Addendum

Subscription Tiers and Pricing Addendum

Services

The Dune Application Service allows the User or a team of Users (this, a “Team Plan”) to create SQL queries on blockchain data. The results are visualized as charts and the carts can be assembled into dashboards displayed within the Site.

The Dune API Service allows Users to have access to Dune’s application programming interfaces (the “API”) to perform SQL queries on blockchain data.

Your access to Services, specific features, performance and pricing will be determined by your subscription plan (“Subscription Plan”) selected under “Settings” in your user account or by a separate agreement, as applicable. An overview of Dune’s Services and Subscription Plans can be found in the Subscription Tiers and Pricing Page.

Terms provided in the Addenda shall supersede these General Terms and Conditions and control the terms for that specific Service in the case of conflict.

Changes to the Terms of Service

We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on this page and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of any Service after we have made any such changes constitutes your acceptance of the new Terms of Service.

If we change these Terms of Service to your disadvantage, we will notify you before such changes are taking place. Notices may be given in our release notes.

License

By signing up to the Dune Application Service and/or API Service, the User receives a non-exclusive, non-transferrable, non-sublicensable, revocable, and limited right to use the Service subject to these Terms of Service.

Change of the Services

The Services are under continuous development and may be subject to changes, both in versions, functionality, price and layout. New functionality and features of the Services added at a later stage may be subject to separate terms and payment. Services, features, and functionalities that are free may be subject to payment at a late stage, which will require the User to sign up for a paid Subscription Plan in order to keep using such services, features, and functionalities.

User account, Login, Password, User Information

To access our Services, you must create a user account on the Site. This process will include creation of a login and password to access the Services.

When you sign up for a user account, you agree to provide accurate, current, and complete information, as may be prompted by any registration forms available through the Dune website, in connection with the Services or as otherwise requested by Dune for such information (“User Information”).

Under the paid Subscription Plans, additional information may be necessary, including payment information.

You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Services.

Your user account is personal and is only meant for you. You may not share your login details with third parties, nor register other people’s names, addresses or other contact information to your personal profile. You are responsible for ensuring that your information is correct and up to date. Your password and login details shall be stored in a safe location.

You are prohibited from using a login or password of another person to access the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password.

If you believe or have reason to believe that any of your User Information, including your login and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at support@dune.com.

If your User Information changes, you agree that you will update this information as soon as possible.

Acceptable Use

You undertake that you will use the Service in accordance with applicable laws and regulations, and in accordance with these Terms of Service. You may only use the Service in a way that is not in detriment to Dune or others’ use of the Service.

You must not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Service. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with any Service or Dune.

You are responsible for ensuring that the information you post and the content you share does not:

  • contain false, misleading or otherwise erroneous information;
  • contain harmful material, such as viruses;
  • infringe someone else’s copyrights, trademarks or other intellectual property rights;
  • contain sensitive personal data; or
  • contain information that might be received as offensive or insulting.

Information and content that violate these Terms of Use may be removed by Dune without prior notice.

You may only register a username or team handle deemed appropriate by Dune and that is not associated with a name or trademark actively used by someone else. You may not sell or in any other way transfer your username, team handle or user account without our prior written consent. Dune may replace, modify, or delete usernames, team handles and respective accounts not in accordance with these Terms of Service.

Dune reserves the right to at any time determine whether a use of the Service is in violation of its requirements for acceptable use. Violation of the applicable requirements for acceptable use may result in suspension of your user account, without any refunds of any prepayments, and without prior notice.  Dune will however take reasonable steps to notify you after the suspension or removal of your user account, and state the reason for termination, if possible.

Change of Subscription Plan

Users may change the Subscription Plan online in the user account under “Settings” on the Site.

If you upgrade your Subscription Plan, you will be allowed to start using the additional features applicable to the new plan immediately. You will be charged the price of the new Subscription Plan pro-rated to the number of days left in your subscription period.

If you downgrade your Plan, you will continue to have access to the features of the previously acquired Subscription Plan until the end of the then current subscription period. You will be charged the amount associated with the new Subscription Plan and have access only to the features of the new Subscription Plan at the end the relevant subscription period.

A Team will only pay for Users that are “Admins” and “Editors”. For adding Admin and Editor Users on a Team Plan, you will be charged the amount associated with the applicable Subscription Plan with effect for the full month such new member is added. By removing a member of a Team Plan, you will be charged for the full month the Team member is removed. If Team Admin and Editor members are added and removed in the same month, you will only be charged extra if the number of Team members is increased. A Team will only pay for Users that are “Admins” and “Editors”.

Enterprise Users will need to contact their account manager in order to downgrade or terminate their subscription as this is not possible to do in the application.

Termination of Subscription

You may terminate the subscription for the Service at any time. You are solely responsible for properly canceling your account. Any prepaid amounts will not be refunded. At the end of the subscription period, you will be charged any extra execution amounts applicable to your Subscription Plan.

You will have access to the Service for the remaining period corresponding to the prepaid amount.

Deletion of data

Upon termination of a Subscription Plan the User’s data (including, but not limited, to User Information and content) may be deleted without prior notice. The User must therefore export any data it wishes to retain prior to the end of the Subscription period. For additional info, see our Privacy Policy.

Deletion of your account

You may delete your account at any time. The deletion of your user account will not release you from any obligations incurred in accordance with your Subscription Plan or by breach of these Terms of Service. Please note that references to your username might still remain visible on the Service unless you remove it from third party sources, such as your Github account linked to the Dune account.

User Representations

You represent, covenant, and warrant that (i) you will use the Service only in compliance with all applicable laws and regulations, and in a way that will not harm the Service or anyone else’s use of it; (ii) the information you provide us is true, accurate, and complete, as you are solely responsible for such information; and (iii) your use of the Site or Services do not violate any laws or regulations or any agreements with any third parties.

You further represent, covenant, and warrant that you will not (i) try to reverse engineer, disassemble, decompile, extract, or decipher the Services or software making up the Services, (ii) navigate or search the Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), (iii) use a mean other than Dune’s provided interface to access the Services, (iv) use the Services in a way that could impair, overburden, damage, or disable any portion of the Services, or (v) copy or mirror any material contained on the Site or the Services (unless as allowed herein).

Prices and payment terms

The Subscription Fee varies according to the Subscription Plan chosen by the User. Usage in excess of the agreed limitations for Executions and/or Data Points under any Subscription Plan (overage) will be payable monthly in arrears.

The Subscription Fee is exclusive of all direct and indirect taxes, charges, fees, and duties, including but not limited to any VAT or withholding tax. The User will bear any tax costs, including, notably, VAT and any applicable local withholding taxes.

The Subscription Fee is subject to change upon thirty (30) days’ notice from us. Such notice may be provided at any time through the Dune website, the Service, or by email. Your continued use of Dune after receiving this notice will be understood as your acceptance of the new Subscription Fee.

There are no refunds or credits for termination of your account before the end of any prepaid service period.

Dune reserves the right to suspend the Services in the case of non-payment of the Subscription Plan’s consideration.

Payment

If you choose a paid Subscription Plan, Dune will require you to pay with credit or debit cards. Card payments are processed via a third-party service provider, Stripe Inc. (“Stripe”). Stripe is licensed to provide these payment services and complies with the relevant laws and regulations. All payments for the Services are subject to the Stripe terms and conditions, which may be amended by Stripe from time to time.

All card data is stored by Stripe. Dune does not store any card data. The User may delete a stored card in the User’s profile on the Site. Dune shares with Stripe User Information other than card data, as Stripe does not store any other User information.

The User authorizes Stripe to process card payments for the Services on the User’s behalf. The payment amount will be equal to the total pricing of the User’s order.

In the case the debit or credit card is rejected, the User may update the payment information. Payment must go through for the order to be submitted and processed.

Intellectual Property Rights

Dune retains all rights to all elements of the Service. This includes, but is not limited to, the rights and ownership to algorithms, source code, object code and accompanying documentation, user interface design, graphics, illustrations, data, drawings, images, concepts, techniques, and specifications, design, trademarks, know-how, trade secrets, copyrights, and all other intellectual property rights.

Marketing

The User agrees that Dune may list and/or identify User’s name (including by displaying User’s trademark) to identify the business relationship between the parties on Dune’s website and in other marketing and advertising collateral

Limitation of Executions

The default number of Executions a User or Team is entitled to perform is defined in each Subscription Plan. For the purposes of these Terms of Service, an Execution is defined as a request for data or information from Dune’s database originated from either the Dune Application Service or the Dune API Service. Dune may suspend or block the User if Dune believes, at its sole discretion, that the User is abusing the limitation of Executions.

Free access for community Users

Dune may offer free access to the Services for community Users (hereinafter "Community Users").

Dune receives all rights to content uploaded or created in the Dune Application Service by Community Users. Dune may use your uploaded and created content in any way, both when your user account is active, and after termination of your user account. You do not receive any license or usage rights to the Service beyond what is explicitly stated in these Terms of Service.

The Service is hosted on an infrastructure delivered by a third-party cloud service provider. As a Community User you recognize that you may only use the Service in a way that does not substantially affect the capacity of the infrastructure and/or the performance of the Service. Dune sets the limit for when use of the Service is deemed to substantially affect the capacity of the infrastructure, at its sole discretion.

Suspension of Services

Dune reserves the right to suspend, revoke, limit or terminate your access to any of the Services if Dune, at its sole discretion, suspects that the Services provided by Dune are being used in violation of these Terms of Service.

Transfer of rights

Dune is entitled to transfer its rights and obligation pursuant to these Terms of Service to a third party as part of a merger or acquisition process, or as a result of other organizational changes.

Warranty Disclaimer

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis without express or implied warranty of any kind, and we do not guarantee or ensure any Execution.

Dune expressly disclaims all warranties of noninfringement, merchantability, satisfactory quality, accuracy and fitness for particular purpose and the User’s expectations and intended purpose, nor that the Service is free of bugs, errors, defects or omissions, and that operation of the Service will be error-free or uninterrupted nor that all nonconformities will or can be corrected.

The contents of the Services and any associated data, text, graphics, links and other materials may be based on sources that Dune does not control, including data provided by third parties. Dune does not represent that the content of the Services is accurate or complete, and it should not be relied on as such. The Services and associated data may contain inaccuracies, typographical errors, and other errors. You understand that you are using any and all information available here at your own risk.

Dune may, from time to time, need to temporarily suspend access to the Service due to software updates or maintenance. Dune will correct any errors as soon as commercially possible. Nevertheless, Dune does not guarantee a specific time limit for correction of errors, and we are not liable for any loss due to errors or downtime of the Site or the Service.

We do not provide any endorsements or guarantees for any individual or entity using the Services, nor any third-party content posted on Dune’s website.

Your sole and exclusive remedy for any problems or dissatisfaction with the Site or the Service is to delete your account and stop using the Service.

The Service is controlled and operated from its facilities in Norway. Although the Service may be accessible worldwide, Dune does not claim, and we cannot guarantee that the Service is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

Limitation of Liability

The User agrees to indemnify Dune for any loss, including indirect loss, arising out of or in connection with your use of the Services or violations of these Terms of Service.

We, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall in no event be liable for (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by us on your behalf; (v) any interruption or cessation of transmission to or from the Service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (viii) for the other users, tenants, brokers, or retail property owners; (ix) any indirect, special, incidental, punitive, exemplary or consequential damages; or (x) any loss of use, loss of profits, loss of savings, loss of reputation or loss of goodwill arising out of or in connection use of the Services, whether or not such damages are based on tort, warranty, contract or other legal theory, even if we have been advised or are aware of the possibilities of such damages, and even if a remedy fails of its essential purpose.

Any claims for damages must be notified to us within ninety (90) calendar days of the date you first know or reasonably should know of the event giving rise to such claim. Any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim.

Dune’s liability is in all events limited to what the User have paid for the Service the last 3 months prior to the date of any claim.

This section applies to the fullest extent permitted by applicable law.

Indemnity

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (i) your User Content; (ii) use of the Service; (iii) your violation of any law or regulation or the rights or good name of any third party; and (iv) violation of these Terms of Service, or violation of any rights of another.

Privacy Policy

Dune is situated in Norway and is thereby subject to Regulation 2016/679 (EU) - General Data Protection Regulation (hereafter referred to as the “GDPR”). All personal data processed by us shall be processed in accordance with the GDPR.

We maintain a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on our Site.

Choice of Law and Legal Venue

The Terms of Service will be governed by and construed in accordance by Norwegian law, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the Oslo District Court for all disputes related to or arising out of this agreement and waive any objection to such jurisdiction or venue.

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Norwegian and local laws and regulations, including but not limited to export and import regulations.