Terms of Use

Last updated: 22 February 2021

These are the terms of use for the Radicle Network (the “Terms of Use”). Please read them carefully. The Radicle Network consists of the Radicle Technology Stack (including in particular, the Radicle Smart Contract System, the Radicle-Link P2P Protocol and the Radicle Upstream Interface) as well as any other Radicle technology, services and/or Content (as defined below). By accessing, interacting with, or using the Radicle Network, or any part thereof, you (“You” or “User”) agree to be bound by these Terms of Use and all terms and agreements incorporated herein by reference. If You do not agree to the Terms of Use, do not use, access, or interact with the Radicle Network.

This website is maintained on a voluntary basis by the Radicle Foundation (the “Foundation”). The Foundation is a Swiss foundation whose purpose is to support the development of resilient and humane software infrastructures. The Foundation is committed to supporting projects and people that develop non-extractive peer-to-peer technologies that promote internet freedom, including, among others, the Radicle Network. While the Foundation previously assisted in the development and deployment of the Radicle Network, the Foundation does not own, manage, or control or act as an administrator of the Radicle Network. The Radicle Network presently operates in a fully decentralized and autonomous manner, and has an opt-in Ethereum protocol integration. The Foundation is neither involved in nor in any way responsible for the ongoing operation, running, or functioning of the Radicle Network and/or any of the interactions, collaborations or contractual relationships between Users on the Radicle Network.

The Foundation has voluntarily posted these Terms of Use for the benefit of the community of users of the Radicle Network. By agreeing to these Terms of Use, You acknowledge and agree that under no circumstances shall the Foundation be liable to You for any losses or damages (including any general, special, incidental or consequential damages) arising out of your use, or your inability to use the Radicle Network or the Software (as defined below).

These Terms of Use may be updated and modified from time to time. The Terms of Use as so updated and modified are deemed effective as of the date they are published on https://radicle.xyz/terms. It is the User’s responsibility to periodically check for the most recent version of the Terms of Use.

Contents

  1. Introduction
  2. Content / Loss of Content
  3. Contacts and (Contractual) Relationships Among Users
  4. No Involvement in Funding Function and Project Tokens
  5. Services and Availability
  6. Disclaimer of Warranty
  7. Limitation of Liability
  8. Assumption of Risks of Cryptographic Tokens, Currencies and Systems
  9. Compliance with Laws
  10. Account Password / Security
  11. Services Provided by Third Parties
  12. Rules of Conduct
  13. Personal Data
  14. Governing Law
  1. Introduction

  2. These Terms of Use govern access to and use of the Radicle Network. The Radicle Network enables Users to manage software projects and to host, develop, and review software code in a collaborative manner.

    The Radicle Network is a fully decentralized and autonomous ecosystem with an opt-in Ethereum protocol integration. There is no single third party solely involved in or in any way responsible for the operation, running or functioning of the Radicle Network and/or any of the interactions, collaborations or (contractual) relationships among Users on the Radicle Network.

    The underlying software protocols of the Radicle Network (the “Software”) have been developed and published under the GPLv3+Linking Exception license, which forms an integral part of these Terms and Conditions. The full license strategy of Radicle Network can be viewed here: https://radicle.community/t/radicle-licensing-model/282.

    As the Radicle Network (and in particular, the Software) is of experimental nature, You acknowledge that the Radicle Network is likely to contain bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that may materially and adversely affects the use, functionality, or performance of the Radicle Network or any product or system containing or used in conjunction with the Radicle Network.

    Part of the Radicle Network’s feature set is a dedicated Ethereum-based transaction system, which enables Users to transfer DAI / ETH and/or the Radicle Network’s native tokens (“Radicle Tokens”) to the Radicle Network to access some core functionalities of the Radicle Network. Transfers of DAI / ETH and/ or Radicle Tokens to the Radicle Network require ETH as gas.

    THE RADICLE NETWORK AND THE SOFTWARE ARE HIGHLY EXPERIMENTAL AND ANY REAL ETH, DAI, OR RAD SENT TO POTENTIALLY INSECURE SOFTWARE THAT REMAINS UNDER DEVELOPMENT ARE AT RISK OF BEING LOST INDEFINITELY, WITHOUT ANY KIND OF CONSIDERATION.

  3. Content / Loss of Content

  4. You acknowledge and understand that there is no centralized entity responsible for any information, developments, software, code or other data and any corresponding rights (hereinafter "Content") developed, exchanged, shared, stored, made available on or via the Radicle Network. You acknowledge and accept that there is no party making any representations or warranties with respect to any such Content and no party has assumed any liability as to such Content.

    You are aware and acknowledge that your processing, development, exchange, storage sharing, provision of, contribution to or other involvement in Content on or via the Radicle Network takes place in an experimental environment. You acknowledge and agree that You have no claim as to the integrity and consistency of any Content. You further acknowledge and agree that there is a risk of total and irretrievable loss of Content and that You are solely responsible for secure storage (e.g. backup copies) of Content and that no other party shall be responsible and liable under any circumstance for any loss or corruption of Content.

  5. Contacts and (Contractual) Relationships Among Users

  6. Users enter into contractual and other relationships with other Users and third-party developers supporting the Radicle Network at their own risk. There is no centralized entity or party that is liable for any damages that may arise from any breaches under any such contracts or relationships. (See section “Content / Loss of Content”.)

  7. No Involvement in Funding Function and Project Tokens

  8. No third party, including, without limitation, the Foundation is involved in the issuance, transfer, custody, and management of any funds raised by any Users as part of such User’s funding events including the creation and issuance of tokens by or for such User (“Project Tokens”). You understand and acknowledge that the Foundation has neither access to nor any other possibility to control and/or influence any corresponding transactions or funds in connection with any Project Token which may be issued by Users using the Funding Function of the Radicle Network. The User solely bears any and all liability in connection with its Project Tokens as well as the use of the Funding Function of the Radicle Network.

  9. Services and Availability

  10. The User acknowledges and agrees that there is no third party that has any obligation to provide, operate, support, maintain, or further development the Radicle Network and/or the Software. The Foundation plays no such role and has no such responsibility. Accordingly, Users access and use the Radicle Network and the Software at their own risk and solely bear any and all risk of loss in connection therewith (in particular, but without limitation, as set forth in section “Content / Loss of Content”).

    The User acknowledges that there is no third party providing any warranties related to the availability or functionality of the Radicle Network or the Software. As a result, the Radicle Network could cease functioning at any time or the Radicle Network, including the Software could malfunction or fail to perform or operate as contemplated by or intended by the User and that the User is solely responsible for any damages or losses suffered by it as a result.

  11. Disclaimer of Warranty

  12. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, FOR THE RADICLE NETWORK AND/OR THE SOFTWARE AND/OR CONTENT. USERS ACKNOWLEDGE AND AGREE THAT THEY ACCESS AND USE THE RADICLE NETWORK, SOFTWARE AND CONTENT AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RADICLE NETWORK AND THE SOFTWARE IS WITH THE USER. SHOULD THE RADICLE NETWORK OR SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  13. Limitation of Liability

  14. YOU UNDERSTAND THAT YOU USE THE RADICLE NETWORK AND THE SOFTWARE AT YOUR OWN RISK. UNLESS YOU AND ANOTHER USER OR YOU AND A THIRD-PARTY DEVELOPER OTHERWISE AGREE IN WRITING, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES YOU MAY INCUR, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE RADICLE NETWORK OR THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE OR THE NON-PAYMENT OF A FEE).

  15. Assumption of Risks of Cryptographic Tokens, Currencies and Systems

  16. There are risks associated with purchasing, owning and using Radicle Tokens. In order to access and make use of parts of and certain features within the Radicle Network, you may need Radicle Tokens, ETH, DAI, Project Tokens or other smart contract-based tokens (collectively, “Cryptographic Tokens”). These features include the creation of globally unique individual and group identities as well as voting capabilities in order to participate in the decentralized governance system of Radicle Network or the Radicle Network’s funding features.

    By accessing and making use of such features and/or by using the Radicle Network in any way, You acknowledge the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of Cryptographic Tokens.

    You understand that Ethereum and other blockchain technologies and associated Cryptographic Tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting using such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain.

    You acknowledge that you are solely responsible for transacting and holding Cryptographic Tokens that you may choose to use while accessing and/or interacting with the Radicle Network as well as for any losses or damages resulting from the use of Cryptographic Token.

    Cryptographic Tokens do not represent or constitute any ownership rights or stake, shares or security or equivalent rights nor any rights to receive future revenues or shares or any other form of participation in or relating to the Radicle Network. In particular, you understand and accept that Cryptographic Tokens do not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to the Radicle Network.

    You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold Cryptographic Tokens purchased, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Cryptographic Tokens and You are solely responsible for any losses, costs, or expenses relating to lost access credentials or an incompatible wallet.

    The Radicle Network is not designed to transact with and/or issue Cryptographic Tokens that are structured or sold as securities or any other form of investment product. You are solely responsible for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from a misuse of the Radicle Network by You or related to information provided or distributed by You through the Radicle Network.

    By purchasing, owning, and using Cryptographic Tokens, You expressly acknowledge and assume the risks concerning losing access to such Cryptographic Tokens due to loss of private key(s), custodial error, or purchaser error and risks related with the Software; risk of mining attacks; risk of hacking and security weaknesses; risks associated with markets for tokens; risk of uninsured losses; risks associated with uncertain regulations and enforcement actions; risks arising from taxation; risk of competing platforms; risk of insufficient interest in the Radicle Network or distributed applications; risks associated with the development and maintenance of the Radicle Network risk of dissolution of the Radicle Network; risks arising from lack of governance rights and unanticipated risks.

  17. Compliance with Laws

  18. The Radicle Network could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Radicle Network. You acknowledge and agree that You are solely responsible for complying with such laws and regulations applicable to you and your use of Cryptographic Tokens, the Radicle Network, and the Software.

  19. Account Password / Security

  20. When setting up an identity within the Radicle Network, it lies within the responsibility of the User to keep its own account secrets, including any passwords. It is recommended that You (a) never use the same password for the Radicle Network that you use or have ever used in any other context; (b) keep your secret information and password confidential and do not share them with anyone else. There is no possibility for You to recover your private password.

  21. Services Provided by Third Parties

  22. Some functions of the Radicle Network rely on the proper operation of the Ethereum Protocol and/or other third-party infrastructure or services. Use of and accessing the Radicle Network does not give rise to any representations or warranties of any kind regarding any site, service, or resource provided by a third party, including, without limitation, any representations or warranties regarding the accuracy, completeness, usefulness, security, or legitimacy of the Radicle Network. The Radicle Network does not control the Ethereum Protocol or any third-party sites, services, and resources. Therefore, you are solely responsible for any harm, loss, or damage that may arise from the Ethereum Protocol or any third-party sites, services, and resources. If You decide to access the Radicle Network, you are aware that you do so entirely at your own risk and subject to the terms and conditions for such third-party services, infrastructures, sites or resources.

  23. Rules of Conduct

  24. Users of shall refrain from:

    I. ILLICIT CONTENT: Collaborating to, posting, requesting, transmitting, rendering or otherwise making available or creating through or in connection with the use of the Radicle Network and/or the Software any Content or other materials that are or may be: (a) illegal/non-compliant and or threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

    II. VIRUSES: Posting, transmitting or otherwise making available through or in connection with the use of the Radicle Network and/or the Software any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

    III. UNLAWFUL ACTIVITIES: Using the Radicle Network and/or the Software for any purpose that is fraudulent or otherwise tortious or unlawful, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities.

  25. Personal Data

  26. The User acknowledges that by using the Radicle Network (including Content) and/or contributing Content to the Radicle Network certain personal information (“Personal Information”, as further described under “Data in P2P and Blockchain Infrastructures” in the Privacy Policy) may be shared with the other Users of the Radicle Network. Since the Personal Information used to interact with the Radicle Network (which is listed in the Privacy Policy) is not collected by the Foundation but rather shared directly between the Users, the Foundation does not qualify as a data controller or data processor according to the GDPR. Users understand that the Foundation has no control over Personal Information provided to other Users of the Radicle Network and agree to not hold the Foundation liable for any misuse of Personal Information by other Users of the Radicle Network. The Users further understand that the Personal Information is not recorded, stored or otherwise processed by the Foundation. Consequently, the rights of the Users relating to their Personal Information as provided in the GDPR cannot be asserted against the Foundation.

  27. Governing Law

  28. These Terms of Use shall be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods is excluded.