- The decentralized storage services (the “Storage Services”) provided by the Company to Customers via the decentralized P2P-network of independently operated computers or other electronic data storage devices (“Devices”) running the storage node software which, when installed on a Device, enables such Device to participate the decentralized storage services provided to Users (the “Storage Node Software”) (each a “Storage Node” which collectively comprise the “Storage Network”) and configured to communicate with the Storage Services; and
- The sharing of storage space on a Storage Node as part of the Storage Network (the “Node Operator Services” by an individual or entity operating one or more Storage Nodes (a “Node Operator”); and
- Any individual or entity interacting with any of the websites, mobile applications, and communities that are the subject of this Agreement.
The Services available to Customers are determined by the separate terms agreed to between JS Security and the applicable individual or entity (collectively, the “Customer”) governing, among other things, the delivery, access, and use of the Services. The Node Operator Services are determined by the separate terms agreed to between JS Security and the applicable Node Operator governing, among other things, the operational requirements.
- by sending a notice to the email address you provided or by posting a prominent notice
- amended, you are not authorized to use the Website.
You and Company agree as follows:
You must be 18 years of age or older to access or use our Services. If you are using the Services on behalf of any entity: (a) you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity; and (b) references to “you” in these Terms refer to you and such entity, jointly.
ACCOUNT REGISTRATION AND USE
(a) Account Registration and Confidentiality. You may be required to register for a JS Security account in order to access certain Services by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that JS Security is entitled to rely on your instructions.
(b) Unauthorized Account Use. You are responsible for notifying us at firstname.lastname@example.org if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. JS Security will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by JS Security or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, JS Security reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
LICENSE, RESTRICTIONS, AND PROHIBITED ACTS
Restrictions and Prohibited Acts
So that the Website is available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not or permit or enable the third party to:
You acknowledge that: (i) your access to and use of the Website and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any service; (b) in the event of a denial of service attack or another attack on the Website or other event that we determine, in our sole discretion, that a risk to the applicable service, to you, or to any of our other users may be created if the Service were not suspended, or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any Service Suspension.
Watch of Interruptions
To the extent we are able, we will endeavor to post updates on the Website regarding any Service Suspension and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Your Responsibility for Security
You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer while logged into the Website. You agree to accept responsibility for all activities that occur under your account or from your computer.
No Security Guarantee
We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee the absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Website or its contents. You agree to immediately notify JS Security of any unauthorized use of your account or any other breach of security, and you accept all risks of unauthorized access to the Website, your Account Information, and any other information you provide to JS Security.
Disclaimer and Indemnity
JS Security will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless JS Security, its shareholders, officers, directors, agents, employees, partners, and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
MODIFICATIONS TO THE SERVICES
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, the Services (or any features or functionality thereof) at any time without notice and without obligation or liability to you. You agree that JS Security shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Trademarks and Copyright
The following are trademarks (registered or not) of JS Security: “Mavrics”, “Apex”, as well as certain other JS Security, trademarks, service marks, graphics, and logos (collectively, the “Trademarks”) used in connection with the Website and the provision of Services. The Website may also contain third-party trademarks, service marks, graphics, and logos (collectively, the “Other Trademarks”). All content displayed on the Website used in connection with the Services is the exclusive property of JS Security or third parties and is protected by copyright laws.
Nothing appearing on the Website will be construed as granting you any license, right, title, or interest relating to the Trademarks, the Other Trademarks, or other intellectual property used in connection with the Website and/or the Services (collectively, the “Intellectual Property”) and the Intellectual Property remains the exclusive property of JS Security or owners. You agree not to copy, reproduce or use any Intellectual Property without our prior written consent, except for what is made available as open-source under the license by JS Security on Github and Gitlab.
If you choose to communicate our suggestions for improvements to the Website (collectively, “Feedback”), we shall own all rights, titles, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) JS Security is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) JS Security shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) JS Security may have something similar to the Feedback already under consideration or in development and; (v) you are not entitled to any compensation or reimbursement of any kind from JS Security under any circumstances.
We may display third-party content, advertisements, links, promotions, logos, and other materials through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any third parties referenced on the Services, or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and Company is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party service or product, our terms and policies no longer apply.
You will comply with all applicable laws in connection with your access and use of the Services, and you are solely responsible for your conduct while accessing or using the Services. Further, you will not:
- engage in conduct that is harassing, threatening, intimidating, or stalking, or that we otherwise deem objectionable;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other customers from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (other than in connection with open source software we release);
- violate, infringe or misappropriate any intellectual property or other third-party right or commit a tort;
- modify, copy (other than standard page caching), publicly perform, publicly display, sell, rent, lease, timeshare or otherwise distribute the Services, in whole or in part. This restriction does not apply to open source software we release, which you can use subject to the applicable open source software license terms;
- attempt to bypass or circumvent measures employed to prevent or limit access to any content, area, or functionality on the Services, without providing prior notice to Company of the method used to bypass or circumvent;
- use any of the Services other than for its intended purposes; or
- The Services include areas that allow customers to create, post, upload, share or store content, including, but not limited to, photos, videos, sound, text, graphics, code, items, or other information and materials, including Storage Materials (collectively, “Customer Content”). “Storage Materials” refers to any Customer Content provided or otherwise processed via our Services for storage on the Storage Platform
- We do not own, control or endorse any Customer Content that is transmitted, stored, or processed via the Services. You are solely responsible for any of your Customer Content and for your use of any interactive features and areas of the Services, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your Customer Content and to grant the licenses in this Agreement; (ii) your Customer Content will not violate any agreements or confidentiality obligations; and, (iii) your Customer Content will not violate, infringe or misappropriate any intellectual property right or other proprietary rights, including the right of publicity or privacy of any individual or entity.
- You will not create, post, share or store Customer Content that:
- is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, otherwise create liability or violate any local, state, national or international law;
- Intentionally misleads by containing or depicting any statements, remarks, or claims that do not reflect your honest views and experiences.
- impersonates, or misrepresents your affiliation with, any person or entity (including Company);
- references or depicts Company or our Services but fails to disclose any material connection to us that may exist;
- contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose Company or others to any harm or liability of any type-
- We are not responsible or liable for any Customer Content. Although we have no obligation to screen, edit or monitor Customer Content, we reserve the right and have absolute discretion, to remove, screen, or edit Customer Content (other than Storage Materials) posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any Customer Content you post or store on the Services at your sole cost and expense.
(b) Company reserves the right to exercise sole control over the defence and settlement of any claim subject to indemnification hereunder at your expense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CUSTOMER CONTENT, WHETHER PROVIDED BY JS SECURITY OR OTHERS, AND INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR ADOPT CUSTOMER CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES OR CUSTOMER CONTENT. THE COMPANY HAS NO OBLIGATION TO SCREEN, MONITOR, OR EDIT CUSTOMER CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CUSTOMER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER, EXCEPT AS EXPLICITLY STATED BY THE COMPANY.
- WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE POTENTIAL EARNINGS NODE OPERATORS MAY MAKE IN CONNECTION WITH YOUR SHARING OF SPACE WITH THE COMPANY AND/OR ITS CUSTOMERS.
- WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE POTENTIAL EARNINGS CUSTOMER MAY MAKE IN CONNECTION WITH YOUR OPERATION OF THE SERVICES.
- WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE POTENTIAL SAVINGS CUSTOMERS MAY REALIZE IN CONNECTION WITH YOUR USE OF THE SERVICES COMPARED WITH ANY OTHER CLOUD STORAGE PROVIDER OR OTHERWISE.
LIMITATION OF LIABILITY
- IN NO CASE WILL JS SECURITY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF JS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USE IN YOUR JURISDICTION
Except as explicitly set forth herein, Company makes no representations that the Services are appropriate for use in any jurisdictions. Those who access or use the Services from any jurisdictions do so at their own risk and are responsible for compliance with any and all laws or regulations that apply in such jurisdictions. The company may offer services in other jurisdictions that are subject to different terms and conditions. In such instances, the terms and conditions governing those other jurisdictions shall take precedence over any conflicting provisions in this Agreement.
GOVERNING LAW; DISPUTE RESOLUTION.
This Agreement and any disputes arising under it will be governed by the laws of Sweden without regard to its conflict of laws provisions and each party consents to the personal jurisdiction and venue of the courts located in Stockholm, Sweden.
Initial Dispute Resolution
The parties agree that most disputes can be resolved without resorting to litigation. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with JS Security, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
- Publicity. Company may identify Customer as a customer on its website and in print and other marketing materials using Customer’s name and logo.
- No Agency. Other than as specified herein, neither party has any authority to create any obligation on behalf of the other.
- Force Majeure. Except for payment obligations, neither Company nor Customer will be liable for delayed or inadequate performance of its obligations hereunder to the extent caused by a condition that is beyond the party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the Internet or any utility service, and denial of service attacks (each a “Force Majeure Event”). The party affected shall be relieved from its applicable obligations as long as the Force Majeure Event lasts and hinders the performance of said obligations. The party affected shall promptly notify the other party and make reasonable efforts to mitigate the effects of the Force Majeure Event with reasonable dispatch; if Company is the party affected, this requirement can be satisfied by a notice posted on its website.
- Severability; No Waiver. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Assignment. You may not assign this Agreement or any of its rights hereunder, nor delegate any of its obligations hereunder, by operation of law or otherwise, without Company’s prior written consent, provided that consent for an assignment of this Agreement in its entirety (including all Orders) will not be required in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of a party’s assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. In the event of such termination, Company will refund to Customer any prepaid fees covering the remainder of the term of all subscriptions. Subject to the foregoing, this Agreement will be binding and inure to the benefit of the parties, their respective successors, and permitted assigns. There are no third-party beneficiaries to this Agreement.
- Entire Agreement; Order of Precedence. This Agreement, including all attachments and addenda hereto and all Orders hereunder, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings, and agreements, whether written or oral, with respect to the subject matter hereof. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any attachment or addendum hereto or any Order, the terms of such exhibit, addendum, or Order shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or any other Customer documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. Headers used in this Agreement are for convenience only and are not intended as, nor shall they be used as, an aid to interpretation.
- Amendment. Except as otherwise provided herein, Company may revise this Agreement from time to time by posting the modified version on its website with or without prior notice to the Customer. By continuing to access or use the Services after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of the Agreement.