This Disclaimer has been updated as of February 17th, 2021.
The Golem Platform is experimental open source software released under a GNU General Public License version 3 and may contain errors and/or bugs. No guarantee or representation whatsoever is made regarding its suitability (or its use) for any purpose or regarding its compliance with any applicable laws and regulations. Use of the software is at your own risk and discretion and by using the software you warrant and represent that you have read this disclaimer, understand its contents, assume all risk related thereto and hereby release, waive, discharge and covenant not to hold liable Golem Factory GmbH or any of its officers, employees or affiliates from and for any direct or indirect damage resulting from the software or the use thereof. Such to the extent as permissible by applicable laws and regulations.
I. Golem Platform The underlying software protocol (the "Software") that governs the Golem Platform is developed and published under the GNU General Public License version 3 which forms an integral part of this Disclaimer https://www.gnu.org/licenses/gpl.html. 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.Your use of the Golem Platform and any of your corresponding activities as well as feedback provided to Company do not give you any rights and/or claims against the Company.
As the Software is of experimental nature and deployed for testing purposes only, you acknowledge that this alpha version of the Software, even though developed in accordance to state of the art, 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 materially and adversely affects the use, functionality, or performance of Golem Platform or any product or system containing or used in conjunction with the Golem Platform.
Also, core to the Golem Platform built-in feature set is a dedicated Ethereum-based transaction system, which enables direct transactions between Requestors and Providers. All such transactions in the Golem Platform are made in GLM and require ETH as gas.
With the aim of reducing the costs for the Users, the individual payment transactions can be bundled and carried out on Ethereum-base Layer 2 transaction systems. You hereby acknowledge that it may therefore take up to 30 business days for the payment to be withdrawn from Ethereum-based Layer 2 transaction systems and become accessible to you on the Ethereum main chain.
THE GOLEM PLATFORM IS HIGHLY EXPERIMENTAL AND ANY REAL ETH OR GLM 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 understand and acknowledge that GLM in testnet ("NGNT") and rETH (Rinkeby ETH) neither carry any value nor do they represent rights or claims. GLM in testnet ("NGNT") and rETH (Rinkeby ETH) are automatically generated by the Rinkeby testnet for (technical) testing purposes only. Your NGNT and/or rETH as well as possible loss thereof (for whatever reason) do not give you any rights and/or claims against the Company.
Privacy warning: Please be aware, that by using the Golem Platform, among others your Rinkeby Ethereum address, channels, channel deposits, settlements and the Ethereum address of your channel counterparty will be stored on the Rinkeby Ethereum testnet chain, i.e. on servers of Ethereum testnet node operators and ergo are to a certain extent publicly available. The same might also be stored on systems of parties running Golem Platform nodes connected to the same network. Data present in the Rinkeby Ethereum chain is very unlikely to be able to be changed, removed or deleted from the public arena.
The Golem Platform is highly experimental and is only to be used on Rinkeby Ethereum testnet. Any real ETH or GLM sent to likely insecure software is at risk of being lost indefinitely. Company will not reimburse you for such loss of real ETH or GLM.
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. Services and Availability All Users acknowledge that the Company only provides the technical applications to enable the contact between the Requestors and Providers within the Rinkeby testnet for testing purposes. 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 can not be held responsible for the quality of any work results / computations ordered by a Requestor through the Golem Platform. The Users are solely responsible for the execution and fulfillment of the contracts between Requestors and Providers.
The Users acknowledge that a 100% availability of the Golem Platform is technically not possible. Events beyond the Company's control can lead to short-term disruptions or temporary suspension of the Golem Platform. The Company excludes, as far as legally permissible, liability for all damages in connection with service interruptions.
IV. 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.
V. Assumption of Risks of Cryptographic Systems and Currencies By using the Golem Platform 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 GLM 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 GLM or ETH and that the Company does not offer any such service. The Company cannot be held liable for any losses or damages of GLM, ETH or other Cryptocurrencies resulting from the use of services of any third-party provider (i.e. exchanges).
VI. Personal Data The Users acknowledge that by using and contributing computer resources to the Golem Platform certain personal information ("Personal Information", as further described in the User Interaction Guidelines) may be shared with the other Users of the Golem Platform.
VII. 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.
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 as well as the following User Interaction Guidelines 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.
These User Interaction Guidelines (the "Guidelines") have been updated as of February 17th, 2021.
Please read these User Interaction Guidelines carefully. By accessing or using the Golem Platform, 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 Platform.
I. Definitions In these Guidelines:
"Company" means Golem Factory GmbH, a company construed under the Laws of Switzerland;
"Golem Platform" means thesoftware release of the Golem project (implementation name, “Yagna");
“Golem” means a project built by Golem Factory GmbH
"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 Platform, i.e. a Provider or Requestor;
"Software" means the underlying software protocol that governs the Golem Platform, 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;
"NGNT" means the Rinkeby testnet Golem Network Token; “NGNT” do neither carry any value nor give rights and/or claims against Company or anyone else;
"tGLM" means the Rinkeby testnet Golem Network Token; “tGLM” do neither carry any value nor give rights and/or claims against Company or anyone else;
"rETH" means the Rinkeby testnet Cryptocurrency Ether; rETH do not carry any value nor give rights and/or claims against Company or anyone else;
"GLM" 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 Platform 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 Platform 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.
III. The Golem Platform THE ALPHA VERSION SOFTWARE WILL BE DEPLOYED FOR TESTING PURPOSES ON THE ETHEREUM TESTNET (RINKEBY).
As the Software is of experimental nature and deployed for testing purposes only, you acknowledge that this Version of the Software, even though developed in accordance to state of the art, 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 materially and adversely affects the use, functionality, or performance of the Golem Platform or any product or system containing or used in conjunction with the Golem Platform.
IV. Rules of Conduct By using the Golem Platform, 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").
V. 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.
VI. Internal Network Monitor The Company maintains an internal network monitor that collects various network statistics of the Golem Platform. The internal network monitor allows the Company to gather data regarding the functioning of the network and nodes in order to constantly improve and upgrade the network protocol and the Golem Platform application. The network statistics stored in the internal network monitor are also used to improve the performance of the Golem Platform but are more informative and accurate than the External Statistics.
When the user downloads and installs the software package he or she will be asked during the installation procedure whether he or she wishes to contribute certain information about his or her node and the usage of the application to the internal network monitor. If the user decides to opt-in to contribute network statistics to the Company, the following information relating to the user's use of the application ("Internal Statistics") will be transferred to the Company and stored on its internal servers:
Node ID, node name, node version, OS and system info, network IP, ports, node activity, node network traffic, etc.
The storing of the Internal Statistics on the servers of the Company is required to display it on the internal monitor and to analyze it in order to improve the performance of the Golem Platform. In contrast to the External Statistics, the Internal Statistics are not replaced with but rather continuously enhanced by more current information. The internal monitor is therefore a historical reflection of the Golem Platform, providing the Company with an overview of everything that has happened on the Golem Platform in the past. The Internal Statistics are not available to the public and are not being shared with third parties.