HODL Totals

For self-reliant crypto HODLers in full compliance with tax laws and regulations.
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Terms & Conditions

These Terms and Conditions (“Terms”) are a legal agreement between Daring Crypto Ventures LLC, the owners and creators of HODL Totals herein known as “DCV”, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”). By using or accessing any part of HODL Totals (the “Service”), such as by installing the HODL Totals Add-on, you accept these conditions. You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. If You do not agree to these Terms, You must not use the Service and must not install the HODL Totals Add-on. If You are entering into this Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of HODL Totals. Use of the software constitutes acceptance of this agreement.

HODL Totals is not directed to children. Access to and use of HODL Totals is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not install or use HODL Totals.

These terms are the entire agreement between DCV and you with respect to the software. Headings in these Terms are for your convenience only and do not have any legal meaning or effect. If any part of these terms are invalid, the rest of the Terms will remain in effect. If DCV waives or fails to enforce any term or condition of this agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this agreement. The meaning of these Terms cannot be changed by your or DCV’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

Our web apps and add-ons scripts are hosted on Google Apps™ servers and all your data stays there within your Google account. Both the scripts and your data will enjoy the same Terms of Services (TOS) and Service Level Agreement (SLA) you already have with Google.

Modifications to these Terms

DCV reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by email, by announcement in our Discord, or by the publishing of such on the HODL Totals website’s Terms of Service page. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at the HODL Totals website’s Terms of Service page. You can view the revision history of the Terms of Service at any time on GitHub.

Description of the Service

HODL Totals is a cloud-based service that makes calculations on data provided by You and stored by You on a third party solution (such as Google Drive™, Google Sheets™). The Service is provided subject to these Terms and solely for Your business purposes. You and your authorized users may connect to the Service using any Internet browser supported by the Service.

The Service requires a User Account (a Google account) that will be used to access the Service’s configuration console and scripts that compose the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your User Account and for creating and managing the data contained in each sheet. All fees associated with the foregoing shall be paid by You.

Modifications to the Service

DCV may make changes to the Service from time to time that are (1) necessary to the continued orderly function of the Service including, without limitation, implementing bug-fixes, patches, or software updates, or (2) reasonably required in order to comply with applicable law or regulation. We have no obligation to mutatate your data to new formats that are compatible with newer versions of the software (though we may make a best effort to do so). DCV will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Use of the Service

Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will supply the data to be displayed by the Service, as required to make the useful calculations that assist in the cryptocurrency tax preparation process. Customer is solely responsible for updating the sharing permissions of their Google Sheets™ (hosted on Google Drive™) and revoking such permissions when Customer ceases use of the Service.

Use of HODL Totals is subject to the Customer’s compliance with these Terms and Google’s Terms (available at https://policies.google.com/terms), including, without limitation, Customer’s payment of all applicable fees (the “Subscription Fees”), DCV hereby grants Customer a world-wide, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.

We are reliant upon Google Cloud Platform™ technologies, that are constantly evolving, usually for the better. However, as a result, features that we are using and relying on, might be discontinued by Google in the future. We aim to adapt and evolve as Google technologies does, but we cannot guarantee we will always succeed on that effort.

You understand and agree that DCV does not have the ability to grant or revoke any sharing permissions to Customer’s Data or other content and materials stored in Customer’s User Account. Therefore, You are solely responsible for granting access to such Data and revoking such access when You cease use of the Service. DCV shall not be responsible and shall have no liability for any damages that result from Your failure to grant or revoke such access.

The Customer will at all times use commercially reasonable efforts to: (i) prevent unauthorized access to or use of the Service, and notify DCV as soon as possible of any such unauthorized access to or use of the Service, and (ii) be fully responsible for its’ Users compliance with the terms of this Agreement. Customer agrees to indemnify DCV for all claims and losses related to any such acts and/or omissions, except to the extent such acts and/or omissions are within the ordinary intended use of the Service for which DCV has granted Customer the foregoing license.

All copyrightable materials which are included as a part of HODL Totals including, without limitation, the DCV and HODL Totals logos (and the selection and arrangement thereof) are COPYRIGHT © 2021 Daring Crypto Ventures LLC. ALL RIGHTS RESERVED. Any unauthorized use of such intellectual property will violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you have any special requests or questions about using our copyrightable materials, contact DCV at tos@daringcryptoventures.com.

Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Access, scopes, permissions and authorization

When using any of our web apps and add-ons scripts, hosted on Google Apps™ servers, you will be asked for authorization to access several services running on your Google account, as shown below.

About the purpose and actual use of each of these scopes

Depending on the script you are using, you might have to authorize just some of these scopes

• View and manage documents that this application has been installed in:
  • For the script to read and write data found only in the documents you install and use with the script.
• View and manage data associated with the application:
  • For DCV to read and write the properties, usage stats, and error/warning messages associated with the deployed script.
• Display and run third-party web content in prompts and sidebars inside Google applications:
  • To show web content in a sidebar or dialog (needed for the HODL Totals About dialog).

Developer access

Note that the Script having access to these services doesn’t mean that developers do. We, as the developers, won’t have direct access to any of those services neither to your data within your Google account or domain.

Revoking access

You can remove any app with access to your Google account from your account’s permissions page.

Prohibited Uses

You agree NOT to use HODL Totals software for any of the following purposes or activities:

• The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;

• Interference with or disruption to the software’s services or network, including, but not limited to, attempting to gain unauthorized access to others’ accounts or private data stores, computer systems or networks;

• To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;

• In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;

• To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;

• To cause harm to minors;

• To infringe another’s patent, trademark, copyright, trade secret, or other intellectual property;

• To violate another’s privacy;

• To violate any applicable laws, statutes or regulations;

• To stalk;

• To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;

• To defame another individual or entity.

• To create, duplicate or transmit any pornography

Termination of this Agreement

DCV may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the deployed software, or terminate this Agreement and thus your rights to use the software, for any conduct or use (whether by you or anyone else using your version of the software) that DCV believes is a violation of this Agreement or for any other conduct or use that DCV believes is harmful to other users or to the website or the interests of DCV.

Disclaimer of Warranties

• THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. DARING CRYPTO VENTURES MAKES NO WARRANTY THAT (I) THE SERVICE OR THIRD PARTY SOLUTION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE OR THIRD PARTY SOLUTION WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE OR THIRD PARTY SOLUTION WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE OR THIRD PARTY SOLUTION WILL MEET YOUR REQUIREMENTS. AS DARING CRYPTO VENTURES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

• You expressly agree that your use of the software is at your sole risk. DCV does not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, software calculation or third party solution’s data that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by DCV, its employees, other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by DCV for any purpose or give rise to any liability of DCV whatsoever, and you agree that you will not rely on any such statement, information or advice.

• DCV reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes. DCV may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Limitation of Liability

• The same way that Google’s scripts or add-ons terms decline to assume any responsibility for scripts or add-ons, we also do decline as declared in such Terms.

• UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DARING CRYPTO VENTURES LLC OR ANY OF ITS OWNERS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF DCV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES DCV’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

• The resources on websites that can be accessed with hypertext links from or using HODL Totals are not maintained by DCV, and DCV is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.

Indemnification by You

You agree to defend, indemnify and hold harmless DCV from any claims and expenses, including reasonable attorney’s fees, related to any violation of this Agreement by your use of the software, or in connection with the placement or transmission by you of any material using the software except as expressly authorized in this Agreement.

Notices

DCV may give notice to you by electronic mail, if such contact information is available. As HODL Totals is open source software, the README page on the HODL Totals GitHub project page is a more reasonable and likely method for DCV to contact the users of HODL Totals. DCV may give notice to you by updating the HODL Totals README. Notice by DCV shall be effective on the date that DCV makes a good faith effort to reach you. You shall give notice to DCV as stated below. Notice by you shall be effective on the date that DCV actually receives the notice.

Privacy Information

Please review our Privacy Policy to undestand our practices.

Confidentiality

“Confidential Information” means all non-public information disclosed in written, oral or visual form by either party or its affiliates (the “disclosing party”) to the other or its affiliates (the “receiving party”). Confidential Information may include, but is not limited to, services, cryptocurrency addresses, cryptocurrency wallet information, coin price data, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party, its affiliates and/or their employees and contractors; (3) has been rightfully received without obligation of confidentiality from a third party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to or use of, directly or indirectly, confidential information disclosed hereunder.

Pursuant to our Legal Guidelines, neither party will use any Confidential Information of the other party except (i) as necessary to exercise its rights and fulfill its obligations under these Terms, (ii) as expressly permitted by these Terms or (iii) as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care. The receiving party may not disclose the disclosing party’s Confidential Information to any person or entity other than to those of its affiliates, employees and contractors (and its affiliates’ employees and contractors) who: (i) are subject to a written agreement with the receiving party that includes use and confidentiality restrictions that are at least as protective as those set forth in these Terms, and (ii) need access to such Confidential Information solely for the purpose of fulfilling the receiving party’s obligations or exercising the receiving party’s rights hereunder. DCV may also disclose Customer’s Confidential Information to Google (or any of its affiliate) for the sole purpose of rendering the Service. The foregoing obligations will not restrict the receiving party from disclosing Confidential Information of the disclosing party: (1) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party required to make such a disclosure gives reasonable notice to the disclosing party prior to such disclosure; and (2) on a confidential basis to its legal and financial advisors.

Contact Information

For further information regarding the HODL Totals terms of service, you are encouraged to contact DCV at tos@daringcryptoventures.com.

Miscellaneous

• This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.

• In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.

• You acknowledge that DCV will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that DCV shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the software.

Translation

Our Terms of Service were originally written in English (US). We may translate it into other languages. In the event of a conflict between a translated version of our Terms of Service and the English version, the English version will control.

Change log

• April 25, 2021: Initial draft.