05 Disclaimer

Disclaimer

This Disclaimer has been updated as of May 29, 2018.

Please read this Disclaimer carefully. By accessing or using the Golem Network or Golem Website, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms, do not use the Golem Network or the Golem Website.

I. The Golem Project

Golem Factory GmbH (the “Company”) has conceptualized and developed a global, open source, decentralized supercomputer that anyone can access (the “Golem Network”). The Golem Network enables users, who are seeking additional computing power (“Requestors”) to rent it from users with idle resources (“Providers”; together the “Users” and/or “You”). The contractual relationship arises only between the Provider and the Requestor and the Company does not form any part of such relationship.

The underlying software protocol (the “Software”) that governs the Golem Network is developed and published under the GNU General Public License version 3 which forms an integral part of this Disclaimer https://fsf.org/. You understand and accept that the Software is provided “as is” and any expressed or implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the Company be liable of any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption).

As the Software is of experimental nature and deployed for testing purposes only, you acknowledge that this Beta Version of the Software, even though developed in accordance to state of the art, is likely to: (i) 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 materially and adversely affects the use, functionality, or performance of the Golem Network or any product or system containing or used in conjunction with Golem.

Also, core to Golem’s built-in feature set is a dedicated Ethereum-based transaction system, which enables direct payments between Requestors and Providers. All payments in the Golem Network are made GNT and require ETH as gas. With the aim of reducing the costs for the Users, the individual payment transactions are bundled and carried out jointly as a bundle (“batching”). You hereby acknowledge that it may therefore take up to 30 business days until payment transactions are executed.

GOLEM NETWORK IS HIGHLY EXPERIMENTAL AND ANY REAL ETH OR GNT SENT TO A LIKELY INSECURE SOFTWARE ARE AT RISK OF BEING LOST INDEFINITELY. YOU ACKNOWLEDGE THE RISK OF A NON-PAYMENT EVEN AFTER 30 BUSINESS DAYS. YOU ACKNOWLEDGE THAT GNT IN TESTNET (“tGNT”) DO NOT CARRY ANY VALUE.

II. Disclaimer of Warranty

THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COMPANY 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.

III. Limitation of Liability

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE COMPANY, 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 OR INABILITY TO USE THE SOFTWARE (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 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.

IV. Account Password and Security

When setting up an account within the Golem Network, it is your sole responsibility to keep your own account secrets, in particular the password you set during at the first launch of the application. You agree to (a) never use the same password for the Golem Network 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 Company 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 Company to recover your private password.

V. Assumption of Risks of Cryptographic Systems and Currencies

By using the Golem 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 native cryptographic tokens, like GNT or ETH, smart contract based tokens such as those that follow the Ethereum Token Standard and blockchain-based software systems. You understand that Ethereum and other blockchain technologies and associated currencies or 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 on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain. You acknowledge these risks and represent that the Company cannot be held liable for such fluctuations or increased costs. You acknowledge that you are solely responsible for the process of selling and buying GNT or ETH and that the Company does not offer any such service. The Company cannot be held liable for any losses or damages of GNT, ETH or other Cryptocurrencies resulting from the use of services of any third-party provider (i.e. exchanges).

VI. Assumption of Risk of Regulatory Actions in One or More Jurisdictions

The Golem Network and Ethereum could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use the Golem Network or Ethereum blockchain. The Company endeavours 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 the Golem Network and its Users.

VII. Services and Availability

All Users acknowledge that the Company only provides the technical applications to enable the contact between the Requestors and Providers. The Company is not liable for any contact between the Users. The Company is not liable for any breach of duty arising from the contracts concluded between the Users (including non-fulfillment of a contract) and the Company cannot be held responsible for the quality of any work results / computations ordered by a Requestor through the Golem Network. The Users are solely responsible for the execution and fulfilment of the contracts between Requestors and Providers The Users acknowledge that a 100% availability of the Golem Network is technically not possible. However, the Company makes every effort to keep the Golem Network constantly available. Maintenance, safety or other work as well as events beyond the Company’s control can lead to short-term disruptions or temporary suspension of the Golem Network. The Company excludes, as far as legally permissible, liability for all damages in connection with business interruptions.

VIII. Personal Data

The Users acknowledge that by using and contributing computer resources to the Golem Network certain personal information (“Personal Information”, as further described in the User Interaction Guidelines) may be shared with the other Users of Golem Network. Since the Personal Information listed in the User Interaction Guidelines is not collected by the Company but rather shared directly between the Users, the Company does not qualify as a data controller or data processor as defined in Article 4 GDPA. The Users understand that the Company has no control over the Personal Information provided to other Users of Golem Network and agree to not hold the Company liable for any misuse of Personal Information by other Users of Golem Network. The Users further understand that the Personal Information is not recorded, processed or stored by the Company. Consequently, the rights of the Users relating to their Personal Information as provided in the GDPR cannot be asserted against the Company.

IX. Indemnification

You agree to release and to indemnify, defend and hold harmless the Company and its parents, 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 the Software, your violation of this Disclaimer, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. If you are obligated to indemnify the Company, Company 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 Company in the defense of such matter.

IX. Jurisdiction and Governing Law

Any dispute between the Users and the Company 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.

User Interaction Guidelines

These User Interaction Guidelines (the “Guidelines”) have been updated as of May 29, 2018. Please read these User Interaction Guidelines carefully. By accessing or using the Golem Network or Golem Website, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms, do not use the Golem Network or the Golem Website.

I. Definitions

In these Guidelines:

  • “Company” means Golem Factory GmbH, a company construed under the Laws of Switzerland;
  • “Golem Network” means a global, open source, decentralized supercomputer that anyone can access;
  • “Providers” means a User who is contributing computer resources;
  • “Requestors” means a User who is renting out additional computing Power from the Network;
  • “Users” means any User of the Golem Network, i.e. a Provider or Requestor;
  • “Software” means the underlying software protocol that governs the Golem Network, which in this case is developed and published under the GNU GPL;
  • “GNU GPL” means the GNU General Public License version 3, a free, copyleft license for software. The terms and conditions for copying, distribution and modification the GNU GPL are available at https://www.gnu.org/licenses/gpl-3.0.de.html and form an integral part of these Guidelines;
  • “GNT” means the Golem Network Token;
  • “ETH” means the Cryptocurrency Ether.

II. Acceptance of Guidelines

By accepting these Guidelines, you acknowledge that neither the download of the Golem Software nor the use of the Golem Network shall constitute, or be deemed to constitute, a partnership, association, joint venture or other co-operative entity between the Company and the Users. These Guidelines shall govern the interdependent ecosystem of Providers and Requestors of the Golem Network and the contractual relationships arising thereof. The contractual relationship arises only between the Provider and the Requestor and the Company does not form any part of such relationship. Please read these Guidelines carefully before using the Golem Network. By clicking to accept these Guidelines you agree to these Guidelines. If you do not agree to the Guidelines, then you can not use the Golem Network.

III. The Golem Project

THE BETA VERSION SOFTWARE WILL BE DEPLOYED FOR TESTING PURPOSES ON THE ETHEREUM MAINNET AND THE ETHEREUM TESTNET. As the Software is of experimental nature and deployed for testing purposes only, you acknowledge that this Beta Version of the Software, even though developed in accordance to state of the art, is likely to: (i) 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 materially and adversely affects the use, functionality, or performance of the Golem Network or any product or system containing or used in conjunction with Golem.

IV. Eligibility

By using the Golem Network, you represent and warrant that you are of the legal age of majority in your jurisdiction as is required to access the Golem Network and enter into arrangements as Provider or Requestor. You further represent that you are legally permitted to use Golem in your jurisdiction including owning cryptographic tokens of value and interacting with the Golem Network in any way. You further represent you are responsible for ensuring full compliance with the applicable laws in your jurisdiction and acknowledge that the Company is not liable for your compliance and failure to comply with such laws.

V. Rules of Conduct

By using the Golem Network, you commit to refrain from: Post, request, transmit, render or otherwise make available or create through or in connection with the use of the Software any 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. Post, transmit or otherwise make available through or in connection with the use of 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”). Use the Golem Network 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. Not to use, process or distribute any of the digital resources you receive from the Golem Network.

VI. Property Rights

All title, ownership and intellectual property rights being a result of the rental of computing power from Providers are fully owned by the Requestor. Providers contributing their computational resources are not eligible to any work product resulting of the use of their computing power.

VII. Personal Information

The Users understand that by using and contributing computer resources to the Golem Network, the following Personal Information may be shared with other Users of Golem Network:

  • Golem Node ID
  • Golem Node Name
  • Golem Node Public Key
  • Golem Node Verification Status and Degree
  • Golem Node Client Version
  • Golem Node IP Address, Port and Listening Port
  • Connection ID

The Personal Information listed above allows the network protocol which governs Golem Network to function properly. Since the Personal Information listed above is not collected by the Company but rather shared directly between the Users, the Company does not qualify as a data controller or data processor as defined in Article 4 GDPA. The Users understand that the Company has no control over the Personal Information provided to other Users of Golem Network and agree to not hold the Company liable for any misuse of Personal Information by the Requestors. The Users further understand that the Personal Information is not recorded, processed or stored by the Company. Consequently, the rights of the Users relating to their Personal Information as provided in the GDPR cannot be asserted against the Company.

VIII. Jurisdiction and Governing Law

Any dispute between the Users and the Company 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.