This is an agreement between the Web 3.0 Technologies Foundation, Baarerstrasse 14, 6300 Zug, Switzerland (CHE-332.596.347) (henceforth "Web 3.0" or "We") and you as a user of the underlying software of the Kusama network (henceforth "User" or "You") (each also a "Party" and together the "Parties"). Please read these terms and conditions carefully before accessing and using the software. By downloading and installing software onto your hardware in order to gain access to the Kusama network, You confirm that You have read these terms and conditions and that You agree to be bound by them.
We reserve the right to change, modify, add or remove portions of these terms from time to time. If this occurs, We will notify You in adequate form on such updates. Any of your continued use of the software and the Kusama network will be deemed an acceptance to the new terms and conditions.
We are the Web3 Foundation and nurture and steward technologies and applications in the fields of decentralized web software protocols, particularly those which utilize modern cryptographic methods to safeguard decentralization, to the benefit and for the stability of the Web3 ecosystem. We have developed a network protocol which purports to operate as an umbrella network for independent blockchain offerings and shared data or tokens across different blockchains. Parallelizable blockchains (so called "parachains") can be connected within Our network with a so called "relay chain" which provides security to the "parachains" and relays messages between them. The Kusama network is an instantiation of such protocol which has some of the properties of the final protocol.
These terms and conditions govern your use of the Kusama network.
The underlying software of the Kusama network is an open source code (protocol) that anyone can copy, use and modify. It is licensed to You under the GPL license version 3.0. You may obtain a copy of the License available at https://www.gnu.org/licenses/gpl-3.0.en.html and may promote it as an open source network in accordance with the provisions of the GPL License version 3.0, in particular, You shall respect the "copyleft"-principle established therein, not use legal power to forbid end users' circumvention of technical measures (DRM) in place, keep intact all copyright notices and absence of warranty and give all recipients a copy of the GPL License version 3.0, You shall ensure that modified source code versions will carry prominent notices on your modifications and that even conveyed object code will always be accompanied by an offer to provide access to the corresponding source code, that newly developed programs will contain the notices attached under the license section "How to Apply These Terms to Your New Programs" and that, ,unless required by applicable law or agreed to in writing, software distributed under the License will be distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
You are free to use the software to gain access to and use the Kusama network and to build your own network(s) and have your network interacting with other networks which are also part of the Kusama network.
HOWEVER, YOU SHALL AT ALL TIMES NOTE THAT NO PARTY (NEITHER WE OR YOU), INCLUDING BUT NOT LIMITED TO ANY PARTY INVOLVED IN, OR HAVING CONTRIBUTED TO THE DEVELOPMENT OF, THE KUSAMA NETWORK AND ANY OF THE AFFILIATES, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS OR AGENTS OF SUCH PARTIES (THE “PARTIES INVOLVED”) OWNS OR CONTROL THE KUSAMA NETWORK OR ANY ACCESSORY, UPGRADE, RELATED SOFTWARE OR ANY OTHER MODIFICATION TO IT (INCLUDING, BUT NOT LIMITED TO, KUSAMA NETWORK USER INTERFACE) AND YOU ARE SOLELY AND IN FULL RESPONSIBLE FOR YOUR USE OF EACH AND ANY OF THEM. THERE IS NO CENTRAL OVERSIGHT OVER THE KUSAMA NETWORK. IT IS BUILT BY THE PARTICIPANTS AND PARTICIPANTS OF THEIR NETWORKS THEMSELVES. FOR THE AVOIDANCE OF DOUBT, WEB 3.0 ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (1) AVAILABILITY AND OPERABILITY OF THE KUSAMA NETWORK AND ITS UNDERLYING SOFTWARE, (2) INTEROPERABILITY OF YOUR NETWORK (BUILT UPON THE KUSAMA NETWORK) WITH OTHER THIRD PARTY NETWORKS (THIS LARGELY DEPENDS ON EXTERNAL FACTORS BEYOND OF WEB 3.0'S REASONABLE CONTROL SUCH AS, IN PARTICULAR THE INFRASTRUCTURE AND OPERABILITY OF THIRD PARTY NETWORKS AND THEIR INTERNET-CONNECTIVITY MEASURES) OR 3) SUITABILITY OF THE KUSAMA NETWORK FOR YOUR OWN BUSINESS PURPOSES. YOU ARE USING THE KUSAMA NETWORK FOR YOUR OWN BUSINESS PURPOSES AT YOUR SOLE AND OWN RISK.
If You are registering to download the underlying software of the Kusama network, You represent and warrant that:
- If You are registering on behalf of a legal entity, such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and you are duly authorized by such legal entity to act on its behalf;
- You are of legal age to form a binding contract (at least 18 years old in most of the jurisdictions);
- You have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which You are a Party;
- You have not been place on any sanction list, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC);
- You will not use Your network (built based upon the Kusama network) for virtual currencies or tokens if any applicable laws in jurisdiction of Your habitual residence or incorporation prohibit You from doing so in accordance with these terms & conditions; and
- You will comply with any laws applicable to Your network (built based upon the Kusama network) and not engage in any illegal activities. In particular, You will not use the Kusama network to facilitate infringement of any third party intellectual property rights or data privacy rights.
You shall indemnify and hold harmless Web 3.0 from any third party claims (incl. reasonable attorney's costs) raised against Web 3.0 based on an alleged infringement of the above representations and warranties.
Acknowledgement and assumption of risks
You shall at all times acknowledge and agree that certain risks exist in relation to using the Kusama network. You fully acknowledge and agree that:
- No Party, including but not limited to the Parties involved, owns or controls the Kusama network. It is built by the end users themselves.
- No Party, including but not limited to the Parties involved, has any authority to approve, prevent, restrict or anyhow exercise control over any interaction that occurs through the Kusama network. You and end users are free to build their own network and network-based applications and provide them to customers under their own terms and conditions, provided that such applications should also run and be offered in a decentralized manner (as e.g. distributed ledger technology or often referred to as "blockchain" or any future adaptations of such technologies) without central oversight.
- You shall not have any expectations over the performance, suitability for business or interoperability of the Kusama network for Your own business purposes.
- Kusama network source code have not passed a third party security audit and can be potentially unstable and could cause unexpected effects and system failures. You are aware of this risk and must address it within Your own privacy compliance model when establishing technical and organizational measures on data security for Your end customers.
- By using the Kusama network You covenant, represent, and warrant that Your use of the Kusama network complies with Your jurisdiction of residence and You are fully able and legally competent to use the Kusama network.
- In the event Your use of the Kusama network does not comply with the applicable law of Your jurisdiction of residence, You shall be fully liable for any consequences incurred thereof and fully acknowledge and agree that We shall not be held liable for Your use of the Kusama network
- There is a risk that advances in cryptography or technical advances (such as the development of quantum computers) could present risks to blockchain-based applications and cryptocurrencies, Ethereum or tokens which could result in the theft or loss of such elements.
- The Kusama network (as well as any network You build based upon it) is susceptible to mining attacks (including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks and race condition attacks. Despite the efforts of Web 3.0, the risk of known or novel mining attacks exists.
- There are risks associated with using the Kusama network, such as e.g. failure of hardware, software and Internet connections. You acknowledge that Web 3.0 shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Kusama network.
- Kusama network source code is provided on an "AS IS" basis, without warranties and conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement, unless otherwise required by mandatory applicable law.
- The entire risk as to the quality and performance of using the Kusama network is borne by You.
- You are solely responsible for determining the appropriateness of using or redistributing the Kusama network source code and/or any Derivative Work and assume any risks associated with Your exercise of permission granted under this License.
- You are solely responsible to regularly check for any modifications and updates to the Kusama network source code published at https://github.com/paritytech/polkadot/
As regards the Kusama network and its underlying technology, Web 3.0 is offering You the right to use it open-source based and Web 3.0 does not retain any proprietary intellectual property rights therein (see the GPL-License Version 3 available under https://www.gnu.org/licenses/gpl-3.0.en.html).
However, Web 3.0 retains all rights, title and interest in any intellectual property rights relating to its business (such as e.g. trademarks or logos on its Website or copyrights/know-how in other business offerings not related to the Kusama network).
To the extent that You will gain access to and collect and process personally identifiable data through the Kusama network (or any own network built based upon it) and maybe even store it outside of these networks (i.e. "off-chain"). In this context, You represent and warrant to be compliant with the applicable data protection laws, in particular, to collect personal data lawfully, in good faith, and to retain and process such data proportionately only for the purposes of processing made evident at the time of collection and that such data will be secured with adequate technical and organizational measures against unauthorized use and to comply with third party data processing principles and not transfer such data into countries with a non-adequate data protection standard compared to Yours without adequate contractual safeguards.
Limitation of liability
In no event and under no legal theory shall Web. 3.0be liable to You for damages, including any direct, indirect, special, general, incidental or consequential damages of any character arising as a result of this License or out of the use or inability to use the Kusama network (including, but not limited to, loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the Kusama network to operate with any other programs, loss of goodwill, work stoppage, business interruption, computer failure or malfunction or any and all other commercial damages or losses), even if a contributor has been advised of the possibility of such damages. Web 3.0 does not control, take responsibility for, or assume liability for the data in any way processed and stored by You or any third party using the Kusama network and for any damage or loss incurred thereto. You shall solely be liable for the appropriateness, lawfulness, and accurateness of the data in any way processed by You using the Kusama network (and or if using such data outside of the Kusama network [i.e. "off-chain"]).
Taxes and other duties
You are solely responsible for determining what, if any, taxes or other duties apply to Your use of Kusama network. It is also Your responsibility to withhold, collect, report, and remit the correct taxes to the appropriate tax authorities, according to the legislation in force. Web 3.0 is not responsible and shall be in no way held liable for withholding, collecting, reporting, and remitting and taxes arising from, or in connection to, Your use of the Kusama network.
We may provide any notice to You under these terms and conditions by posting a notice on Our Website or sending an e-mail to the e-mail address associated with Your access account to the Kusama network. Notices We provide by posting on the Website will be effective upon posting. You will be deemed to have received any email sent to the e-mail address then associated with Your account when We have sent the email (or the next regular working day thereafter), whether or not You actually receive or read the e-mail. It is Your responsibility to keep Your e-mail address current.
To give Us notice under these terms and conditions, You must contact us by e-mail to [firstname.lastname@example.org]. We may update this e-mail address for notices to us by posting a notice on Our Website. Notices to us will be effective one business day after they are sent.
All communications and notices to be made or given pursuant to these terms and conditions must be in English language.
The Parties are independent contractors. These terms and conditions are an agreement at arms’ length between the Parties and do not constitute a partnership, association or joint venture under any applicable law. Consequently, the provisions of these terms and conditions shall not, under any circumstances, be interpreted as creating any such relationship between the Parties. Neither Party may bind the other in any manner whatsoever or in favour of anyone whomsoever.
The failure of any of the Parties to avail itself or to enforce any of the provisions of these terms and conditions or any rights with respect thereto shall in no way be considered to be a waiver of such provisions or rights, or in any way to affect the validity of these terms and conditions. No waiver shall be effective unless expressly made in writing and signed by an authorized representative of the waiving Party.
If any provision of these terms and conditions is held to be void, invalid or inoperative, the remaining provisions of these terms and conditions shall not be affected and shall continue to be in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
These terms and conditions or individual rights and obligations arising from it may only be assigned or transferred to third parties with the prior written consent of the other Party, save that Web 3.0 may freely assign any of its Intellectual Property Rights and any rights or obligations pursuant to these terms and conditions to any of its affiliates.
These terms and conditions and any documents referred to in it shall constitute the entire agreement between the Parties in relation to the subject matter hereof, and shall supersede all previous agreements, arrangements and understandings between the Parties with respect hereto.
The headings used herein are inserted only as a matter of convenience and for reference only. They shall not affect the construction or interpretation of these terms and conditions.
Applicable law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the substantive laws of Switzerland without any reference to its conflict of law provisions. The provisions of the United Nation Convention on contracts for the International Sale of Goods (CISG) shall not apply.
[Any disputes arising out of or in connection with these terms and conditions and contracts entered into thereunder shall be submitted to the sole and exclusive jurisdiction of the courts of the city of [Zug].]