1. Acceptance of Terms
By accessing or using the website at aphrion.com and any related services, including email communications and market analysis content (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not access or use the Service.
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Aphrion (“we,” “us,” or “our”). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. Description of the Service
Aphrion is a subscription-based cryptocurrency market analysis service. The Service provides daily analyses, probability forecasts, and market commentary for selected cryptocurrencies, including Bitcoin (BTC), Ethereum (ETH), and Binance Coin (BNB). These analyses are delivered via the website dashboard and email.
The Service is divided into the following subscription plans:
- Explorer ($9.99/month): Daily analysis for 1 cryptocurrency of your choice.
- Analyst ($15.99/month): Daily analysis for 2 cryptocurrencies of your choice.
- Strategist ($19.99/month): Daily analysis for all 3 cryptocurrencies (BTC, ETH, BNB).
We reserve the right to modify, suspend, or discontinue any aspect of the Service, including pricing, available cryptocurrencies, or features, at any time and without prior notice.
3. Eligibility
To use the Service, you must be at least 18 years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. By using the Service, you represent and warrant that you meet these eligibility requirements.
The Service is not intended for use in jurisdictions where cryptocurrency-related services are prohibited or restricted by law. It is your sole responsibility to ensure that your use of the Service complies with all applicable laws and regulations in your jurisdiction.
4. Account Registration and Security
To access the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) notify us immediately of any unauthorized use of your account or any other breach of security; and (d) not share, transfer, or sell your account to any third party.
We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or if your account is used in an unauthorized manner.
5. Subscription, Billing, and Payment
5.1 Subscription
The Service operates on a monthly subscription basis. By subscribing, you authorize us to charge the applicable subscription fee to your chosen payment method on a recurring monthly basis until you cancel your subscription.
5.2 Payment Processing
All payments are processed through Stripe, a third-party payment processor. By providing your payment information, you agree to Stripe’s terms of service and privacy policy. We do not store your full credit card or payment details on our servers.
5.3 Price Changes
We reserve the right to change subscription prices at any time. Any price changes will take effect at the beginning of your next billing cycle. We will make reasonable efforts to notify you of any price changes in advance.
5.4 No Refunds
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. Once a payment is processed, no refunds will be issued under any circumstances, including but not limited to: dissatisfaction with the Service content, failure to use the Service during the subscription period, cancellation of the subscription before the end of the billing period, or any investment losses incurred. By subscribing, you expressly acknowledge and accept this no-refund policy.
5.5 Cancellation
You may cancel your subscription at any time through the Service dashboard or by contacting us. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the period for which you have already paid.
6. Acceptable Use Policy
You agree not to use the Service for any unlawful or prohibited purpose. Specifically, you agree not to:
- (a) Copy, reproduce, distribute, publicly display, or create derivative works from the Service content without our prior written consent;
- (b) Resell, redistribute, or commercially exploit the analyses, forecasts, or any other content provided through the Service;
- (c) Share your account credentials or subscription access with any third party;
- (d) Use automated tools, bots, scrapers, or similar means to access, collect, or extract data from the Service;
- (e) Attempt to interfere with, compromise, or disrupt the Service or its underlying infrastructure;
- (f) Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- (g) Use the Service in any manner that violates applicable laws or regulations;
- (h) Forward, share, or republish email communications from the Service to non-subscribers.
7. Intellectual Property Rights
All content provided through the Service, including but not limited to market analyses, forecasts, probability assessments, text, graphics, logos, icons, images, and software, is the exclusive property of Aphrion and is protected by applicable intellectual property laws.
Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service content for your personal, non-commercial use only. This license does not include the right to copy, modify, distribute, sell, lease, or create derivative works from any content provided through the Service.
8. No Financial Advice
THE SERVICE DOES NOT CONSTITUTE FINANCIAL ADVICE, INVESTMENT ADVICE, TRADING ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. All content is provided for informational and educational purposes only. You are solely responsible for your own financial decisions. Please refer to our Legal Disclaimer for full details regarding risk disclosures and limitations of liability.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that: (a) the Service will be available at all times, uninterrupted, or error-free; (b) the analyses, forecasts, or other content will be accurate, reliable, or complete; (c) any errors or defects in the Service will be corrected; or (d) the Service will meet your specific requirements or expectations.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APHRION AND ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
This includes, without limitation, damages for loss of profits, revenue, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claims arising out of or relating to the Service shall not exceed the total amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Aphrion, its owners, operators, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content or information you submit through the Service; or (e) your infringement of any third-party rights.
12. Privacy and Data Protection
We collect and process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. By using the Service, you consent to the collection, processing, and use of your personal data as described in our Privacy Policy.
We collect the following categories of data: (a) account information (email address, chosen language, subscription plan); (b) payment data (processed and stored by Stripe; we retain only the Stripe customer and subscription identifiers); (c) usage data (login activity, dashboard interactions); and (d) communication data (email delivery status).
You have the right to: (a) access your personal data; (b) request correction of inaccurate data; (c) request deletion of your data (subject to legal retention requirements); (d) object to or restrict processing of your data; and (e) data portability. To exercise these rights, contact us at aphrion@aphrion.com.
13. Email Communications
By subscribing to the Service, you consent to receive daily market analysis emails and occasional service-related communications (such as billing notifications, service updates, and security alerts). You may unsubscribe from marketing communications at any time, but service-related emails are a core part of the subscription and cannot be individually opted out of while maintaining an active subscription.
14. Third-Party Services
The Service uses third-party services, including but not limited to Stripe (payment processing), Supabase (authentication and data storage), and Vercel (hosting). Your use of the Service is also subject to the terms and conditions of these third-party services. We are not responsible for the practices, content, or availability of any third-party services.
15. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of subscription fees; (d) activity that is harmful to other users or the Service.
Upon termination: (a) your right to use the Service will immediately cease; (b) you will not be entitled to any refund of subscription fees already paid; (c) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.
16. Service Availability and Modifications
We strive to maintain the availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We shall not be liable for any loss or damage resulting from any interruption or unavailability of the Service.
We reserve the right to modify, update, or discontinue any feature, functionality, or content of the Service at any time without prior notice or liability.
17. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, riots, government actions, power outages, internet failures, cyberattacks, or pandemics.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
19. Entire Agreement
These Terms, together with our Legal Disclaimer and Privacy Policy, constitute the entire agreement between you and Aphrion regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
20. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Aphrion operates, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of that jurisdiction.
Before initiating any legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiations for a period of at least thirty (30) days.
21. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: aphrion@aphrion.com
Website: https://aphrion.com
Acknowledgment
BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR LEGAL DISCLAIMER, AND OUR PRIVACY POLICY.
If you do not agree with any part of these Terms, you must immediately discontinue your use of the Service and cancel your subscription.