Terms &
Conditions

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Disclaimer - Please read this Disclaimer carefully. By accessing or using the Radicle Network, Radicle Website, the Radicle Technology Stack and/or other Radicle technology (referred herein as “Radicle”) you (also referred herein as the “User”) agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to the terms set forth in this Disclaimer, do not use Radicle. This Disclaimer has been updated as of 4 November 2020.

Contents

  1. Radicle – Beta Version Deployment
  2. Content / Loss of Content
  3. Services and Availability
  4. Disclaimer of Warranty
  5. Limitation of Liability
  6. Account Password and Security
  7. Rules of Conduct
  8. Assumption of Risk of Regulatory Actions in one or more Jurisdictions
  9. Personal Data
  10. Indemnification
  11. Jurisdiction and Governing Law
  1. Radicle – Beta Version Deployment

  2. Radicle Foundation (the “Foundation”) is conceptualizing and developing a decentralized software development technology stack and network, enabling its users (“Users”) to manage software projects and to host, develop and review software code in a collaborative manner (Radicle, see above). While the Foundation developed the Software, it is not involved in any of the interactions and collaborations between Users nor in the (contractual) relationships between Users.

    The underlying software protocols (the “Software”) that govern Radicle is developed and published under the GPLv3+Linking Exception license, which forms an integral part of this Disclaimer: https://radicle.community/t/radicle-licensing-model/282.

    As the Software is of experimental nature and deployed for testing purposes in a testnet environment only, you acknowledge that this Beta Version of the Software 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 Radicle or any product or system containing or used in conjunction with Radicle.

    As the Software is deployed for testing purposes only, you further acknowledge that the Foundation will cease its activities with regard to the Beta version of Radicle as soon as the Foundation (in its sole discretion) considers the goals associated with maintaining the Beta version to be achieved.

  3. Content / Loss of Content

  4. You acknowledge that the Foundation is not involved in any information, developments, software, code or other data and any corresponding rights (hereinafter "Content") developed, exchanged, shared, stored, made available on or via Radicle. You acknowledge and accept that the Foundation grants no warranty and shall not be liable with respect to any Content.

    You are aware and acknowledge that your processing, development, exchange, storage sharing, provision of, collaboration to or other involvement in Content on or via Radicle takes place in a testnet environment for testing purposes only. You acknowledge and agree that you have no claim to integrity and consistency regarding any Content whatsoever. You acknowledge and agree to the risk of total and irretrievable loss of Content throughout and after the Beta phase. You acknowledge and agree that any Content will most likely and without prior notice be irretrievably deleted upon completion of the testing phase. You acknowledge and agree that you are solely responsible for secure storage (e.g. backup copies) of Content and that the Foundation shall not be responsible and liable under any circumstance for any loss or corruption of Content.

  5. Services and Availability

  6. The User acknowledges that the Foundation only deploys and supports Radicle and the Software as a technical applications to enable Users’ code development collaborations. The Foundation is not liable for any contact and/or (contractual) relationship between the Users. The Foundation is not liable for any breach of duty arising from possible contracts which may be concluded between the Users (including non-fulfillment of a contract) and the Foundation shall not be responsible shall not be held liable for any Content (see section II).

    The User acknowledges and agrees that the Foundation is not obliged to and that User has no claim against the Foundation for (neither perpetual nor temporary) provision / operation / support / maintenance / further development of Radicle and/or the Software and that the Foundation may at any time cease its activities with regard to Radicle and/or the Software at its sole discretion. In particular, but without limitation, User acknowledges that the Foundation will cease its activities with regard to the Beta version of Radicle as soon as the Foundation (in its sole discretion) considers the goals associated with maintaining the Beta version to be achieved. User acknowledges and accepts the consequences thereof (in particular, but without limitation, set forth in section II above).

    The Users acknowledge that the Foundation does not provide any warranties related to the availability of Radicle and/or the Software. The Foundation shall not be held liable for damages in connection with non-availability of Radicle and/or for ceasing its activities whatsoever with regard to Radicle at any time at its sole discretion.

  7. Disclaimer of Warranty

  8. THERE IS NO WARRANTY FOR RADICLE AND/OR THE SOFTWARE AND/OR CONTENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE FOUNDATION PROVIDES THE SOFTWARE “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 SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  9. Limitation of Liability

  10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE FOUNDATION, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, IN CONNECTION WITH THE USE OR INABILITY TO USE 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), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. Account Password and Security

  12. When setting up an account / an identity within Radicle, it lies within the responsibility of the User to keep your own account secrets, in particular, your password. You agree to (a) never use the same password for Radicle that you have ever used outside of this service; (b) keep your secret information and password confidential and do not share them with anyone else. The Foundation cannot and will not be liable for any loss or damage arising from your failure to comply with this section. There is no possibility for the Foundation to recover your private password.

  13. Rules of Conduct

  14. 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 Radicle 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 Radicle 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 (each, a “Virus”).

    III. UNLAWFUL ACTIVITIES: Using Radicle 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.

  15. Assumption of Risk of Regulatory Actions in one or more Jurisdictions

  16. Radicle could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Foundation to continue to develop, or which could impede or limit your ability to access or use Radicle.

    The Foundation endeavors to comply with all applicable laws, i.e. all legal requests for information, and reserve the right to provide information, including project information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect Radicle and its Users.

  17. Personal Data

  18. The User acknowledges that by using Radicle (incl. Content) and/or contributing Content to Radicle certain personal information (“Personal Information”, as further described in the Privacy Policy) may be shared with the other Users of Radicle. Since the Personal Information used to interact with Radicle and 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 . The Users understand that the Foundation has no control over the Personal Information provided to other Users of Radicle and agree to not hold the Foundation liable for any misuse of Personal Information by other Users of Radicle. 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.

  19. Indemnification

  20. You agree to release and to indemnify, defend and hold harmless the Foundation and its subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of Radicle, the Software, any Content, your violation and/or breach of one of more provision(s) of this Disclaimer, and/or any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. If you are obligated to indemnify the Foundation, Foundation reserves the right, at its own expense, to assume exclusive defense and control of any matter and, in such case, you agree to cooperate with the Foundation in the defense of such matter.

  21. Jurisdiction and Governing Law

  22. Any dispute between the Users and the Foundation shall be submitted to the exclusive jurisdiction of the competent Courts of Zug, Switzerland, with the exclusion of any other jurisdiction or arbitration.

    This Disclaimer 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 ("Vienna Sales Convention") is excluded.