Terms and Conditions

Legal Compliance

As a user of our services, you agree to:

• 1. Comply with all applicable local, national, and international laws and regulations in your use of our website and services
• 2. Ensure that any information you provide to us is accurate, current, and complete
• 3. Maintain the security and confidentiality of any account credentials or sensitive information
• 4. Promptly notify us of any unauthorized use of your account or security breaches
• 5. Accept full responsibility for all activities conducted through your account or under your authorization

Conduct Requirements

You must refrain from:

• • Using our services for any unlawful, fraudulent, or harmful purposes
• • Interfering with or disrupting the integrity or performance of our website or services
• • Attempting to gain unauthorized access to our systems, networks, or user accounts
• • Engaging in any form of harassment, discrimination, or abusive behavior
• • Transmitting any content that infringes upon intellectual property rights
• • Distributing malware, viruses, or other harmful computer code
• • Impersonating any person or entity or misrepresenting your affiliation

Content Guidelines

Any content you submit, upload, or share through our services must not contain material that is defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable. You retain ownership of content you submit but grant us a license to use it as necessary to provide our services.

Age and Capacity Requirements

You must be at least 18 years of age to use our services. By using our website, you represent and warrant that you have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Tidal Metrics disclaims all warranties, including but not limited to:

• • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• • Warranties regarding the accuracy, reliability, or completeness of content
• • Warranties that our services will be uninterrupted, timely, secure, or error-free
• • Warranties regarding the results that may be obtained from use of our services

Limitation of Liability

To the maximum extent permitted by applicable law, Tidal Metrics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• • Your access to, use of, or inability to access or use our services
• • Any conduct or content of third parties on our services
• • Any content obtained from our services
• • Unauthorized access, use, or alteration of your transmissions or content

Liability Cap

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to Tidal Metrics in the twelve months preceding the claim, or one hundred Euros (€100), whichever is greater.

Consequential Damages Exclusion

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to technical failures, natural disasters, labor disputes, or governmental actions.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Your use of our services may also be subject to other local, national, or international laws.

Jurisdiction

Any disputes arising out of or relating to these Terms and Conditions or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Amsterdam, Netherlands. You consent to the personal jurisdiction of such courts and waive any objection to the venue of such courts.

Dispute Resolution Procedures

Before initiating any formal legal proceedings, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved through good-faith negotiation. If we cannot resolve a dispute informally, you agree to attempt mediation before pursuing litigation. The costs of mediation shall be shared equally unless otherwise agreed.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action or class-wide arbitration.

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent to the greatest extent possible. If modification is not possible, the provision shall be severed from these terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

Waiver

No waiver by Tidal Metrics of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.