Terms of Service

Tokens is a free experimental desktop beta. It is provided as is and may contain defects. Review output before relying on it. The Privacy notice describes local storage and permissions. Nothing in these Terms limits rights that cannot legally be waived.

Last Updated: October 14, 2026. These Terms apply to the free Tokens desktop beta.

These Terms of Service (the “Terms”) contain the terms and conditions that govern Customer’s access to, and use of, the Service (as defined herein) and form a binding agreement between Customer (as defined herein) and Tinkr, Inc. (“Tinkr”). Customer and Tinkr are each a “party” and together the “parties”.

By using the Service Customer agrees to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. If you are accessing the Service on behalf of a company (such as your employer or as an agent on behalf of a company) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. For greater certainty, if you have a separate executed agreement with Tinkr in respect of the Service, these Terms shall not apply to your use of such Service.

THESE TERMS INCLUDE, WITHOUT LIMITATION, BINDING ARBITRATION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS OPPOSED TO JURY TRIALS OR CLASS ACTION LAWSUITS).

1. Definitions

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity. For the purposes of this definition, the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a legal entity, whether through the ownership of voting securities, by contract, or otherwise.

“Beta Services” means certain services, features, or functionalities of the Service which are not generally made available under general release and access to which may be provided by Tinkr to Customer solely for internal evaluation and testing for feedback purposes.

“Customer” means the person or entity using the Tokens beta.

“Customer Content” means any content, data, and information that Users upload, transmit, or store in the Service or that is published or posted on the Service through channels and integrations supported by the Service and authorized by Customer. Customer Content shall include any Third-Party Content that Users have uploaded or stored in the Service or provided to Tinkr in connection with the Service.

“Effective Date” means the date Customer’s license is activated or the date Customer commences using the Service, whichever is earlier.

“Free Trial” means any access to the Service granted to Customer at no charge to try on a trial or evaluation basis.

“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

“Sensitive Information” means any personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, medical records, patient data, claims data, or any other information that would be subject to Health Insurance Portability and Accountability Act (HIPAA), or other laws, regulations, or industry standards designed to protect similar information.

“Platform” means the Tokens desktop beta application.

“Service” means the Platform together with any related products and services.

“Service Data” means local operational event names, local delivery counts and settings. For this beta, Tinkr does not remotely collect app telemetry or derive a service dataset from Customer Content.

“Term” means the period that commences on the Effective Date and ends on the effective date of termination in accordance with the terms herein.

“Third-Party Content” means any content that the Service collects on Customer’s behalf from any Third-Party Platform.

“Third-Party Platforms” means any third-party platforms and integrations supported by the Service that Customer desires to connect to, access or use, or authorizes a third party to connect to, access and/or use through the Service.

“Third-Party Platform Terms” means the terms and conditions, acceptable use policies, privacy policies, developer policies, or any other similar policies or terms of any Third-Party Platform.

“User” means an individual authorized by Customer to use the Service on a Mac controlled by Customer.

2. The Service.

Provision of the Service. Subject to the terms and conditions herein, Tinkr shall make the Service available to Customer during the Term for Customer’s personal use on a limited, non-exclusive, non-transferable, non-sublicensable licensed basis.

Account. This beta requires no Tinkr account, password, payment method or subscription. Customer is responsible for access to the Mac and any destination app used with Tokens.

Service Limitations. Customer acknowledges that the Service may be unavailable from time to time due to repairs, upgrades, routine and emergency maintenance, malfunction of computer or network equipment, or other interruptions that may be out of Tinkr’s reasonable control, including outages of any third-party provider. Tinkr reserves the right to modify or update the features and functionality of the Service, or to suspend or discontinue the Service, at its sole discretion, without any liability to Customer. In cases where Tinkr deems it necessary to suspend or discontinue the Service or access to the Platform, Tinkr will make commercially reasonable efforts to give prior notice of the same to Customer.

Beta Services. From time to time, Tinkr may offer Customer the opportunity to use and test Beta Services. Customer, at its sole discretion, may accept or decline to use Beta Services. Beta Services are solely for internal, non-commercial evaluation and testing purposes and are not required to use the Service. Customer acknowledges and agrees that if Customer opts to use Beta Services, Customer will be bound by any additional terms applicable to the Beta Services as provided by Tinkr. Tinkr provides no warranties for any of the Beta Services and has no obligation to correct or repair any Beta Services. Tinkr reserves the right to fully or partially discontinue Beta Services at any time and for any reason, temporarily or permanently, with or without notice. Tinkr shall have no liability to Customer or any third party for any harm or damage arising out of or in connection with any of the Beta Services.

Free Trials. The current Tokens beta is free. It does not automatically convert to a paid plan. Any future paid service requires a separate affirmative purchase; these Terms do not authorize a charge.

3. Prohibitions And Use Policies

Except to the extent a restriction is prohibited by law, Customer shall not (and shall not permit any User or third party to), directly or indirectly:

license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise exploit or make the Service available to any third party;

interfere with or disrupt the integrity or performance of the Service or the data contained therein, including using any type of spider, virus, worm, Trojan-horse, time bomb, or any other codes or instructions that are designed to distort, delete, damage, or disassemble the technology underlying the Service;

attempt to gain unauthorized access to the Service or its related systems or networks;

disclose any benchmarking or results of the Service to third parties without Tinkr’s prior written consent;

modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service;

circumvent any user limits or other timing or use restrictions that are built into the Service;

remove any proprietary notices, labels, or marks from the Service;

frame or mirror any content forming part of the Service;

access the Service in order to build a competitive product or service, or copy any ideas, features, functions, or graphics of the Service;

perform any security penetration testing, stress, or load testing or otherwise intentionally undertake actions which are reasonably likely to interfere with the operation of the Service without Tinkr’s prior written consent;

use the Service to send any unsolicited commercial communication not permitted by applicable law;

endanger any part of any system or Internet connection of Tinkr or any third party through use of the Service;

use the Service to manage any illegal operations;

transmit, distribute, retrieve, or store any data or other material through or via the Service in violation of any applicable law or regulation, including, without limitation: (i) material that infringes, misappropriates, or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality; (ii) material or data that is illegal or, as determined by Tinkr (in Tinkr’s sole discretion), harassing, coercive, defamatory, libelous, abusive, threatening, obscene, tortious, hateful, or otherwise objectionable, material that is harmful to minors or excessive in quantity, or material which could diminish or harm the reputation of Tinkr or any third-party service provider involved in the provision of the Service; (iii) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and/or (iv) material or information that is false, misleading, or inaccurate.

engage in any activities that may interfere with the ability of others to access or use the Service or the Internet (e.g. denial of service attacks);

use the Service to transmit, upload, collect, manage, or otherwise process any Sensitive Information; or

otherwise use the Service in a manner that materially violates these Terms or applicable law.

Customer is responsible for rights to the material processed and for lawful use. This local beta does not give Tinkr remote access to inspect, modify, or delete Customer Content on Customer’s Mac. Please notify Tinkr of misuse or security issues through the contact address below.

4. Security

Tinkr uses reasonable measures appropriate to the Service. Customer controls the Mac, app permissions, destination applications and backups. The Tokens beta processes speech locally and does not upload dictation to Tinkr. Pasting or sending material through other applications is subject to those applications’ practices. No software or device can be guaranteed free from security flaws.

5. Subscription And Termination.

Subscription. The current Tokens beta is free and has no recurring subscription or automatic renewal.

Termination. Customer may stop using and uninstall Tokens at any time. Tinkr may discontinue this beta or terminate the license for breach of these Terms. This does not authorize Tinkr to access or delete local files remotely.

Effects of Termination. The license ends upon termination and Customer must stop using the Service. Local data may remain after uninstalling the application; consult the Privacy notice. Provisions intended by their nature to survive termination continue to apply.

6. Fees And Payment

Payment Terms. No fees, payment-card authorization, billing period, refunds or collection charges apply to this free beta. Future purchases, if offered, require separate terms and affirmative agreement.

7. Proprietary Rights; Customer Content

Ownership; Reservation of Rights. Tinkr owns and shall retain ownership of all right, title, and interest (including without limitation all Intellectual Property Rights), in and to Tinkr’s trademarks, branding, materials, the Service, the Platform, and the Service Data, including any and all modifications, derivatives, improvements, and enhancements to the same. Customer acknowledges and agrees that it has no right, license, or authorization with respect to the Platform or any of the technology underlying the Service (including any Intellectual Property Rights therein) except as expressly set forth in these Terms. All other rights in and to the Service and Platform are expressly reserved by Tinkr and its licensors.

Customer Content. Customer retains ownership of all Customer Content. Customer authorizes only the local processing, storage and delivery needed for the features Customer chooses. Tinkr does not receive a license to sell, publish, train models on, or remotely collect Customer’s dictation or typed notes through this beta. Customer is responsible for having necessary rights and consent and for reviewing output before use. Tokens is not a backup service.

Service Data. This beta does not upload app analytics, telemetry, recordings or transcripts to Tinkr. Website requests, voluntary waitlist submissions and support emails are described separately in the Privacy notice. No right to collect or exploit Customer Content is granted by this section.

Feedback. If Customer and/or Users provide feedback, suggestions, enhancement requests, recommendations, or other input regarding the Service (“Feedback”), Tinkr shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to incorporate such Feedback into its products, services, and business and use such Feedback in any manner. Customer agrees that all Feedback shall be deemed to be non-confidential and non-proprietary.

Copyright and Trademark Information. Except for Customer Content and account information, the Service and the information and materials that it contains, are the property of Tinkr and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All Tinkr product names and logos are trademarks or registered trademarks.

8. Third-Party Platforms

Integrations with Third-Party Platforms. Customer chooses any destination app and separately installed local model. Customer is responsible for the permissions and terms of those services. These Terms do not authorize Tinkr to accept third-party agreements on Customer’s behalf.

Use of Third-Party Platforms. Customer acknowledges that any use of Third-Party Platforms is governed solely by the applicable Third-Party Platform Terms, and Tinkr does not endorse, is not responsible for, and makes no representations as to any Third-Party Platform, its availability, content, or the manner in which any Third-Party Platform handles Customer’s data. Tinkr is not liable for any damage or loss arising from, or in connection with, Customer’s access or use of any Third-Party Platform, or Customer’s reliance on the practices or policies of any Third-Party Platform. Customer acknowledges that Tinkr does not control the availability, features, or functionality of any Third-Party Platform and that a Third-Party Platform may change its availability, features, or functionality without any notice to Tinkr or Customer. Tinkr shall not be liable to Customer for any refunds, liability, damage or loss arising from, or in connection with, any Third-Party Platform, including any unavailability or changes made by a Third-Party Platform or any resulting changes to the Platform.

Third-Party Links. The Service may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under our control, and Tinkr is not responsible for any Third-Party Links. We provide access to these Third-Party Links as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and we recommend you apply a suitable level of caution and discretion in doing so. Whenever you click on any of the Third-Party Links, the applicable third party’s terms and policies will apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

9. Use of AI Tools

Customer understands that the Service utilizes artificial intelligence and machine learning technologies (the “AI Tools”) to perform certain tasks. The term “AI-generated Output” means actions, communications, and other responses generated by the AI Tools through the Service. By using the Service, Customer acknowledges and agrees that: (i) AI-generated Outputs may contain errors, inaccuracies, biases, or other defects; (ii) the quality of the AI-generated Output is dependent upon the quality, completeness, readability, and organization of the Customer Content; (iii) AI Tools may produce results that are inconsistent, unpredictable, or inappropriate for Customer’s intended use; and (iv) Customer bears sole responsibility for reviewing, validating, and verifying all AI-generated Outputs before use or reliance thereon. The Service allows Customer to determine the extent to which use and implementation of the AI Tools requires human review. Customer understands and agrees that any use or implementation of any AI-generated Outputs without human review is at Customer’s own risk. TINKR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE AI TOOLS AND AI-GENERATED OUTPUT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

10. Disclaimers

Results; Interactions. Customer assumes sole responsibility and liability for Customer’s and Users’ use of any output and results obtained from the use of the Service and for all interactions with third parties through the Service. Tinkr shall have no liability for any liabilities, claims, losses, or damages caused by any communications, information, output, or results provided to Customer in connection with the Service.

Disclaimers. THE SERVICE IS PROVIDED BY TINKR TO CUSTOMER ON AN ‘AS IS’ BASIS, AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THE SERVICE OR IN CONNECTION WITH THESE TERMS BY TINKR (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS AND SUBCONTRACTORS). TINKR (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS AND SUBCONTRACTORS) EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TINKR (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS AND SUBCONTRACTORS) DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS OR DEFECTS IN THE SERVICE CAN BE FOUND OR CORRECTED. TINKR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES (A) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR (C) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

Trials and Beta Services. TINKR DOES NOT PROVIDE ANY WARRANTIES, INDEMNITIES, OR REMEDIES FOR ANY FREE TRIALS OR BETA SERVICES OR ANY FEATURE OF THE SERVICE IN BETA OR IN A FREE TRIAL VERSION. BETA SERVICES AND FREE TRIALS ARE OPTIONAL AND ARE USED AT CUSTOMER’S OWN RISK.

11. Indemnity

Customer will indemnify, defend and hold harmless Tinkr and its directors, officers, employees, contractors, agents, successors and assigns, from and against any liabilities, damages, losses, and expenses, including reasonable legal and professional fees, resulting from any third-party claims, demands, or actions arising out of or related to (i) Customer’s or any User’s negligence, willful misconduct, or use of the Service not in accordance with these Terms; (ii) Customer Content; (iii) Customer’s or any User’s violation or alleged violation of any applicable law, including data privacy laws; (iv) Customer’s or any User’s infringement or alleged infringement of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) Customer’s or any User’s violation or alleged violation of any Third-Party Platform Terms. Tinkr reserves the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify Tinkr, and Customer agrees to cooperate with Tinkr’s defense of these claims. Customer agrees not to settle any matter without the prior written consent of Tinkr. Tinkr will use reasonable efforts to notify Customer of any such claim, action, or proceeding upon becoming aware of it.

Tinkr will indemnify, defend and hold harmless Customer and its directors, officers, employees, contractors, agents, and permitted successors and assigns from and against any third-party claim alleging that the Service, or any use of the Service in accordance with these Terms, infringes or misappropriates such third-party’s Intellectual Property Rights. If such a claim is made or appears possible, Customer agrees to permit Tinkr, at Tinkr’s sole discretion, to (i) modify or replace the Service, or component or part thereof, to make it non-infringing, or (ii) obtain the right for Customer to continue use. If Tinkr determines that neither alternative is reasonably available, Tinkr may terminate Customer’s license and these Terms, in their entirety or with respect to the affected component or part, effective immediately on written notice to Customer. This Section 11.2 will not apply to the extent that the alleged infringement arises from or in connection with: (a) use of the Service in combination with data, software, hardware, equipment, or technology not provided by Tinkr; (b) a Free Trial; (c) modifications to the Service not made by Tinkr; (d) Customer Content; or (e) Third-Party Platforms.

THIS SECTION 11 SETS FORTH CUSTOMER’S SOLE REMEDIES AND TINKR’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICE INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

12. Limitation Of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TINKR BE LIABLE TO CUSTOMER OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER TINKR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL TINKR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE HUNDRED DOLLARS (USD $100).

13. Arbitration.

PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES CUSTOMER TO ARBITRATE DISPUTES WITH TINKR, AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM TINKR, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Tinkr believes that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements between Tinkr and Customer. Tinkr will make every reasonable effort to informally resolve any complaints, disputes, or disagreements. If those efforts fail, Customer agrees that any complaint, dispute, or disagreement Customer may have against Tinkr, and any claim that Tinkr may have against Customer, arising out of, relating to, or connected in any way with these Terms shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, then in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Arbitration can resolve only Customer’s or Tinkr’s individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. The Applicable Rules can be found at www.jamsadr.com. The Arbitration will be conducted in New York, New York, unless Customer and Tinkr mutually agree otherwise.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS TINKR AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THESE TERMS, CUSTOMER AND TINKR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Notwithstanding the foregoing, Customer has the right to opt-out and not be bound by this arbitration provision by sending written notice of Customer’s decision to opt-out to contact@keeptinkr.ing. The written notice must be emailed within thirty (30) days of the Effective Date. Customer’s written notification must include: (1) Customer’s entity name, (2) Customer’s physical postal address, and (3) a clear statement that Customer does not wish to resolve disputes with Tinkr through arbitration. Otherwise, Customer shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If Customer opts out of this arbitration provision, Tinkr also will not be bound by it. If Customer does not affirmatively elect to opt out as described above, Customer’s use of the Service will be deemed to be Customer’s irrevocable acceptance of this Section.

14. Miscellaneous

Governing Law. These Terms, and the license granted herein, shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Subject to Section 13, Customer agrees to submit to the personal jurisdiction of the federal and state courts located in Delaware.

Changes. These Terms are subject to occasional revision, and if Tinkr makes any substantial changes, Tinkr may notify Customer by sending an e-mail to the last e-mail address Customer provided to Tinkr, and/or by prominently posting notice of the changes on the Platform. Customer is responsible for providing Tinkr with Customer’s most current e-mail address. In the event that the last e-mail address that Customer has provided Tinkr is not valid, or for any reason is not capable of delivering to Customer the notice described above, Tinkr’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following Tinkr’s dispatch of an e-mail notice to Customer (if applicable) or thirty (30) calendar days following Tinkr’s posting of notice of the changes on the Platform. These changes will be effective immediately for new users of the Service. Continued use of the Service following notice of such changes shall indicate Customer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Survival. Any provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive expiration or termination of these Terms for any reason, including but not limited to provisions related to indemnification, limitation of liability, payment, arbitration, and proprietary rights.

Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. Customer agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Tinkr, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications. The communications between Customer and Tinkr use electronic means, whether Customer uses the Service or sends Tinkr emails, or whether Tinkr posts notices on the Service or communicates with Customer via email. For contractual purposes, Customer (a) consents to receive communications from Tinkr in an electronic form; and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Tinkr provides to Customer electronically satisfy any legal requirement that such communications be in a hardcopy writing. The foregoing does not affect Customer's non-waivable rights.

Entire Agreement. These Terms constitute the entire agreement between Customer and Tinkr regarding the use of the Service. Tinkr’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and Customer’s rights and obligations herein, may not be assigned by Customer without Tinkr’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Tinkr may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Force Majeure. Tinkr shall not be responsible for any delay or failure to comply with these Terms or for any liability arising under these Terms to the extent due to causes beyond Tinkr’s reasonable control, including eminent domain, earthquake, flood, civil unrest, acts of God, war, or terrorist attacks, whether physical or electronic, or failure of the Internet.

No Guarantee of Service. Although Tinkr hopes to make the Service available at all times, there may be times when Tinkr needs to disable the Service either temporarily or permanently. Tinkr reserves the right to discontinue, change, suspend, remove, and/or disable access to the Service and to impose limits on the use of or access to the Service, in each case at any time and without notice or liability. In no event will Tinkr be liable for changes to pricing or the discontinuance, modification, suspension, or removal of, or disabling of access to, the Service at any time and/or for any period of time.

Publicity. Tinkr will not use Customer’s name or logo in marketing without separate permission.

Notice. Notices to Tinkr must be sent to contact@keeptinkr.ing. Notices to Customer may be posted on the Tokens website or sent to an email address Customer voluntarily provides.

Contact Information.

contact@keeptinkr.ing