1. Introduction

These Terms of Use (“Terms”) are entered into by and between you and the DFINITY Foundation and its affiliates (“Foundation”, “we” or “us”). These Terms govern your access to and use of current and future online and mobile websites, platforms, services, applications, content, functionality and networks owned and operated by the Foundation, including without limitation, dfinity.org, sdk.dfinity.org, thereboot.com, motoko.org (collectively, the “Website”).

By using the Website, accessing content, or subscribing to our information updates, by submission of an application idea and/or by contacting us, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms.

If you do not agree with these Terms, you must not use or access the Website.

By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the terms contained in the English version of the Terms as well as all the commitments, warranties, waivers and obligations contained in the English version of the Terms.

2. Changes to These Terms

We may make changes to these Terms from time to time, and any modifications, additions, or deletions will be effective immediately upon posting from time to time. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your acceptance of such changes.

You are responsible for verifying regularly these Terms in their current and in effect version from time to time.

3. The Website

The Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is current, complete, and accurate. You agree that all information you provide to register using this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree you are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website and all charges related to the same. You agree that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

4. Privacy

In order to operate and provide the Website, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge and agree that your use of the Website is subject to our Privacy Policy and understand that it identifies how the Foundation collects, stores, processes and uses certain information.

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. In particular, you agree to not use (or attempt to use) the Website:

  • in any manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
  • for any purpose that violates these Terms or any other terms or policies provided in connection with the Website;
  • to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  • in any way that could restrict or interfere with anyone from fully enjoying the Website or harm the Foundation or any user of the Website or expose them to liability;
  • to intimidate, or harass any person or entity, or falsely state, impersonate or otherwise misrepresent you or your affiliation with any person or entity(including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • to damage, disable, disrupt, overburden or impair the functionality of the Website in any manner;
  • to distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
  • to upload, post, transmit, distribute or otherwise introduce any viruses, trojan horses, worms, logic bombs, malware, ransomware or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of any third parties or of the Foundation;
  • to export or re-export any applications, code or tools developed by and proprietary to the Foundation, except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • to use any robot, spider, crawler, scraper or other automated means authorized by us to access the Website or to extract data or information from the Website;
  • to commercialize any application, code or any information or software associated with such application and/or the Website, without the prior consent of the Foundation;
  • to upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of any third party without the person’s prior explicit consent;
  • to harvest or otherwise collect information or data about any any person without their consent or use automated scripts to collect information from or otherwise interact with the Website;
  • to upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense or, in the sole judgment of the Foundation, is objectionable or misleading;
  • to copy, modify, reverse engineer or attempt to extract the source code, distribute, sell, or lease any part of the Website
  • to circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, or third parties;
  • to attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • to infringe upon or violate the rights of the Foundation, any person or third parties; or
  • to facilitate or assist another person to do any of the above acts.

You also agree that if you learn of any unauthorized or unacceptable use of the Website, by any person or entity, you will promptly notify the Foundation.

6. Content

You understand that any and all content available on the Website is made available for informational purposes only and should not be contractual or binding in any way for the Foundation. No information published on the Website constitutes professional or legal advice, a solicitation, an offer, or a recommendation to effect any transactions, or to conclude any legal act of any kind whatsoever.

The Website may include content provided by third parties, including information provided by other users, bloggers, third-party licensors and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the information provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Any reliance you place on any information or content on the Website is strictly at your own risk. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

7. Intellectual Property Rights

Intellectual property rights and all other proprietary rights in relation to the Website (including but not limited to all content, software, mobile software, algorithms, code, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) are the exclusive property of the Foundation or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Website, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Foundation.

All intellectual property rights in the Website not expressly granted herein are reserved to the Foundation. All copyright and other proprietary notices shall be retained on all reproductions.

If you provide us with any feedback, suggestions, or comments regarding the Website (“Feedback”), you automatically assign this Feedback to the Foundation without restriction or payment to you.

8. Trademarks

The Foundation’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Foundation or its licensors. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever without the prior written permission of the Foundation.

9. Reservation of Rights

The Foundation may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Foundation, as well as close or interrupt the Website. The Foundation reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Foundation. The Foundation reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

10. Geographic Restrictions

The Website may not be available in all territories and jurisdictions. Access to the Website may not be legal by certain persons or in certain countries. We may restrict or prohibit use of all or a portion of the Website in certain territories and jurisdictions. If you access the Website, you do so on your own initiative and are responsible for compliance with all local laws and regulations.

11. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK.

TO THE EXTENT NOT PROHIBITED BY LAW, THE FOUNDATION: (A) PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE FOUNDATION, AND ITS AFFILIATES LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF THE FOUNDATION, AND ITS AFFILIATES LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, RELATING TO THE WEBSITE WILL BE LIMITED TO ONE HUNDRED SWISS FRANCS (CHF 100.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF THESE TERMS WITH YOU.

13. Force Majeure

The Foundation cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

14. Indemnification

To the extent not prohibited by law, you agree to defend, indemnify and hold harmless the Foundation and its affiliates licensors and service providers, and their respective directors, officers, employees and agents from and against all third party claims, damages, costs, liabilities, judgments, awards, losses, costs, and expenses and fees arising out of or related to your use of the Website or your violation of these Terms, any applicable law or any rights of any third party.

15. Links

The Website may contain links which direct you to websites provided by third parties. These links are provided only for your convenience. We have no control over those third-party websites, so we do not accept any responsibility for them or any liability for any loss or damage that may arise from your use of them. You agree that accessing any of the third-party websites linked to this Website is done entirely at your own risk and subject to the terms and conditions for such websites.

16. Entire Agreement & Severability

These Terms and the Privacy Policy, subject to any amendments or modifications made by the Foundation from time to time, shall constitute the entire agreement between you and the Foundation with respect to the use of the Website. If any provision of these Terms or the Privacy Policy is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

17. No Waiver

The Foundation’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

18. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms without the Foundation’s prior written consent. Any such attempt at assignment by you shall be void. The Foundation may assign its rights, licenses, and obligations under these Terms without limitation and without prior consent.

19. English Version

If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy are provided only for your convenience.

20. Changes to the Website

The Foundation reserves the right to change, suspend, remove, discontinue or disable access to the Website or particular portions thereof, at any time and without notice. In no event will the Foundation be liable for the removal of or disabling of access to any portion or feature of the Website.

21. Governing Law & Jurisdiction

You understand and agree that all matters relating to the Website and these Terms shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws. We both agree that any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Zürich, Switzerland, subject to an appeal at the Swiss Federal Court.

You agree that any dispute with us shall only be resolved on an individual basis and shall not be brought as a class action or any other representative proceeding. You agree you may not bring a claim cannot be brought as a class or representative action or on behalf of any other person or persons.

In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.

22. Contact

This Website is operated by the Foundation.

Any feedback, comments, requests, and other communications relating to the Website should be directed to info@dfinity.org