Terms of Service

Terms of Service for Crypto ETF Index

Last Updated: May 16, 2025

Welcome to Crypto ETF Index ("we," "us," or "our"), a website located at CryptoETFIndex.com ("Website") that provides real-time data, performance metrics, and tracking tools for cryptocurrency exchange-traded funds (ETFs) and related assets. By accessing or using our Website, including its public dashboard, user authentication features, and asset tracking tools, you ("User," "you," or "your") agree to be bound-By these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Website.

These Terms are governed by the laws of the State of Texas and applicable U.S. federal laws. We reserve the right to modify these Terms at any time, and your continued use of the Website after such changes constitutes acceptance of the updated Terms.

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1. Acceptance of Terms

By accessing or using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing the Website on behalf of an entity, you represent that you have the authority to bind that entity to these Terms. Use of the Website is also subject to our Privacy Policy https://cryptoetfindex.com/privacy-policy , which is incorporated by reference.

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2. Use of the Website

a. Informational Purposes Only

The information provided on the Website, including but not limited to ETF data, market performance metrics, ticker updates, and tracked asset information, is for informational purposes only. It is not intended to constitute financial, investment, tax, legal, or other professional advice. You should not rely on the Website’s information for making investment decisions or engaging in trading activities. Always consult with a qualified financial advisor or professional before making any investment decisions.

b. Permitted Use

You may use the Website solely for personal, non-commercial purposes to view and track cryptocurrency ETF data. You agree to:

- Use the Website in compliance with all applicable laws, including Texas and U.S. federal laws.

- Provide accurate information when registering or creating an account.

- Maintain the confidentiality of your account credentials.

c. Prohibited Use

You may not:

- Use the Website for any unlawful, fraudulent, or unauthorized purpose.

- Copy, scrape, reproduce, distribute, or sell any data or content from the Website without our express written consent.

- Attempt to reverse-engineer, decompile, or hack the Website or its backend systems (e.g., https://crypto-etf-backend.onrender.com).

- Use automated tools (e.g., bots, crawlers) to access or extract data from the Website.

- Interfere with the Website’s functionality, including through denial-of-service attacks or other malicious activities.

- Use the Website to engage in speculative trading or to promote financial products without proper licensing.

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3. Account Registration and Security

a. Account Creation

To access certain features, such as the user dashboard and asset tracking, you must register for an account by providing a valid email address and password. You agree to provide accurate and complete information during registration.

b. Account Security

You are responsible for:

- Maintaining the confidentiality of your account credentials (email and password).

- All activities conducted under your account, whether authorized or unauthorized.

- Notifying us immediately at [insert contact email] if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate your account if we suspect fraudulent or unauthorized activity.

c. JWT Tokens

The Website uses JSON Web Tokens (JWT) for authentication, stored in local storage. You acknowledge that tampering with or attempting to manipulate these tokens is a violation of these Terms and may result in account termination.

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4. Intellectual Property

a. Ownership

All content on the Website, including but not limited to text, data, graphics, logos, code, and the design of the public and user dashboards, is owned by or licensed to Crypto ETF Index and is protected by U.S. copyright, trademark, and other intellectual property laws. The Website’s source code, including HTML, CSS, JavaScript, and backend APIs, is proprietary and may not be reproduced or distributed without our express written consent.

b. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes, subject to these Terms. This license does not permit you to:

- Modify, adapt, or create derivative works from the Website’s content or code.

- Use our trademarks, logos, or branding without permission.

- Extract or republish data for commercial purposes.

c. User-Generated Content

Any information you provide, such as tracked asset selections, remains your property. By using the Website, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display such information to provide our services.

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5. Disclaimers

a. No Financial Advice

The Website does not provide financial, investment, or trading advice. The data and tools provided, including ETF performance metrics, ticker updates, and tracked assets, are for informational purposes only and should not be construed as recommendations to buy, sell, or hold any financial instruments. We are not registered financial advisors or broker-dealers under Texas or U.S. federal law, including the Investment Advisers Act of 1940 or the Securities Exchange Act of 1934.

b. Data Accuracy

We strive to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or timeliness of the data displayed on the Website, including:

- Real-time ETF and cryptocurrency data sourced from third-party APIs or our backend.

- Performance metrics (e.g., top performers for today, week, or 30 days).

- Market capitalization, price, or percentage change information.

Data may be delayed, cached (e.g., for 5 minutes per the code), or subject to errors from third-party providers. You assume all risks associated with relying on this information.

c. No Warranty

The Website is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that:

- The Website will be uninterrupted, error-free, or secure.

- The data or services will meet your expectations or requirements.

- The Website will be free of viruses or other harmful components.

d. Third-Party Services

The Website relies on third-party services, such as:

- Backend hosting at https://crypto-etf-backend.onrender.com.

- WebSocket connections via Socket.IO for real-time updates.

- External APIs for ETF and cryptocurrency data.

- Google Fonts for typography.

We are not responsible for the availability, accuracy, or security of these third-party services, and your use of such services is subject to their respective terms and policies.

e. Financial Risk

Cryptocurrency and ETF investments are inherently volatile and risky. You acknowledge that any financial decisions you make based on Website information are at your sole risk, and we are not liable for any losses or damages resulting from such decisions.

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6. Limitation of Liability

To the maximum extent permitted by Texas and U.S. federal law, Crypto ETF Index, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

- Your use of or inability to use the Website.

- Errors, inaccuracies, or delays in the data provided.

- Unauthorized access to your account or data.

- Any financial losses or investment decisions based on Website information.

- Interruptions, downtime, or technical issues with the Website or third-party services.

In no event shall our total liability exceed $100 USD or the amount you paid to us (if any) for accessing the Website in the twelve (12) months preceding the claim.

Texas Law Note: Under Texas law, including the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), we disclaim liability for consequential damages to the extent permitted, provided we act in good faith and disclose limitations transparently.

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7. Indemnification

You agree to indemnify, defend, and hold harmless Crypto ETF Index, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of:

- Your violation of these Terms.

- Your misuse of the Website or its data.

- Your violation of any applicable laws or third-party rights.

- Any content or information you provide through the Website.

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8. Termination

We may suspend or terminate your access to the Website at our sole discretion, with or without notice, for reasons including but not limited to:

- Violation of these Terms.

- Suspected fraudulent or unauthorized activity.

- Technical or security issues requiring suspension of services.

Upon termination, your account and tracked asset data may be deleted, and you must cease all use of the Website. Sections 4 (Intellectual Property), 5 (Disclaimers), 6 (Limitation of Liability), 7 (Indemnification), and 11 (Governing Law and Dispute Resolution) will survive termination.

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9. Modifications to the Website

We reserve the right to modify, suspend, or discontinue the Website or any of its features (e.g., public dashboard, user dashboard, or ticker updates) at any time without notice. We are not liable for any losses or inconvenience resulting from such changes.

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10. Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles, and applicable U.S. federal laws. You agree that any disputes arising under these Terms will be subject to Texas jurisdiction.

b. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Website shall be resolved through the following process:

- Informal Resolution: You agree to first contact us at [insert contact email] to attempt to resolve the dispute informally within 30 days.

- Binding Arbitration: If the dispute cannot be resolved informally, it shall be settled by binding arbitration in Austin, Texas, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, and the decision will be final and binding. Each party will bear its own costs, except as otherwise required by law.

- No Class Actions: You agree to resolve disputes on an individual basis and waive any right to participate in a class action, class arbitration, or representative action.

- Exceptions: Claims for injunctive relief or intellectual property violations may be brought in a Texas state or federal court with jurisdiction in Travis County, Texas.

c. Venue

If arbitration is not applicable, you agree that any legal action will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

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11. Compliance with U.S. Laws

a. Securities Laws

The Website does not offer securities or financial products. We comply with applicable U.S. securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934, by ensuring that our services are informational only and not intended to facilitate trading or investment.

b. Consumer Protection

We comply with the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and Federal Trade Commission (FTC) guidelines by providing clear disclosures and avoiding misleading representations about our services.

c. Children’s Privacy

In compliance with the Children’s Online Privacy Protection Act (COPPA), the Website is not intended for users under 13 years of age. We do not knowingly collect data from children under 13.

d. Export Controls

You agree not to access the Website from any country or jurisdiction subject to U.S. export control restrictions (e.g., embargoed countries listed by the U.S. Department of the Treasury’s Office of Foreign Assets Control).

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12. Additional Disclaimers

a. No Endorsement

The inclusion of specific ETFs or cryptocurrencies (e.g., S&P 500 Index, Nasdaq Crypto Index, Grayscale Bitcoin Trust) does not constitute an endorsement or recommendation by Crypto ETF Index. These are provided for informational purposes only.

b. Third-Party Data

Data sourced from third-party APIs or our backend may be subject to terms imposed by those providers. We are not responsible for changes in their availability or accuracy.

c. Cache Limitations

The Website caches data for 5 minutes (per the code) to improve performance. You acknowledge that cached data may not reflect real-time market conditions.

d. Volatility of Cryptocurrencies

Cryptocurrencies and ETFs are subject to extreme price volatility and regulatory changes. We are not liable for any financial losses resulting from market fluctuations.

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13. Contact Information

If you have questions, concerns, or complaints about these Terms or the Website, please contact us at:

- Email:  info@cryptoetfindex.com

We will respond to inquiries within a reasonable timeframe, typically within 5 business days.

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14. Miscellaneous

a. Entire Agreement

These Terms, together with the Privacy Policy [insert link], constitute the entire agreement between you and Crypto ETF Index regarding the Website and supersede all prior agreements.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

c. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

d. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

e. Force Majeure

We are not liable for delays or failures in failure to perform due to events beyond our reasonable control, such as natural disasters, wars, or government restrictions.

f. Notices

Any notices required under these Terms must be sent to [info@cryptoetfindex.com].

15. Accessibility

We are committed to making these Terms accessible to all users. If you require this document in an alternative format (e.g., large print/audio), please contact us at [ info@cryptoetfindex.com ].