Terms of service

Overview

These Polymesh Terms of Service (“Service Terms”) are an agreement between you and Polymesh Association (a not-for-profit association established under the laws of Switzerland) and its affiliates (“we”, “us” or “ Polymesh”) and govern your and your permitted users’ access to and use of the polymesh.network and polymesh.live and any of their subdomains (the “Websites”) and any information, Polymesh blockchain software, tools, documentation and other content made available by us on the Websites (collectively, the “ Materials”) including, without limitation, the Polymesh Wallet and a token upgrade bridge (the “Polymesh Bridge”) (collectively, the “ Services”).

1. Definitions

“Affiliate” means, with respect to a party to these Service Terms, any legal entity that, directly or indirectly controls, is controlled by, or is under common control with such party.

“Applicable Law” means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directive, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority (as defined below) having jurisdiction over Polymesh, you, or the Services, or as otherwise duly enacted or enforceable by law.

“Governmental Authority” includes any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.

2. Acceptance of Service Terms

By accessing or using the Services, (which includes, without limitation, your access to and use of the Websites), you agree (on your own behalf and, if accessing on behalf of another entity, then on behalf of such entity) to be bound by these Service Terms. Your access and use of the Services are conditioned on your acceptance of and compliance with these Service Terms. If you do not agree to these Service Terms, you shall not access or use any of the Services.

3. Changes to Service Terms

We may revise these Service Terms, in whole or in part, at any time by amending this page and any additional terms linked to this page. Any and all such modifications are effective immediately upon posting. By continuing to access or use the Services, you accept to be bound to the modified Service Terms. Please check this page from time to time to take notice of any changes we made.‍

4. General Terms of Service

a) Restrictions. We reserve the right, in our sole discretion, to block, prevent or restrict any user from using any of the Services as we deem appropriate. In particular, we may block, prevent, or restrict access to users that violate, in our opinion, our Code of Conduct or are implicated in sanctions programs.

b) Supporting Information. We may require any person or corporate entity to provide any supporting information, including but not limited to national ID card, phone number, passports and business registration certificates and/or to go through any form of identity authentication, verification, or due diligence processes as we deem appropriate, before enabling any user to access or as a condition to continuing to access or use certain of the Services.‍

c) Limitation. The Services (or any Service) does not constitute an account or platform by which Polymesh serves as a financial intermediary including, without limitation, a custodian, depository, exchanger or transmitter of any virtual assets or cyrptocurrencies.

d) Prohibited Use. As a condition to accessing or using the Services (which for greater certainty include, but are not limited to, the Polymesh Wallet and Polymesh Bridge), you shall not, and shall not permit any person to use the Services to (each of the following shall individually be a “Prohibited Use”, and collectively, the “ Prohibited Uses”):

i. Exploit, attack, or attempt to exploit or attack, in Polymesh’s opinion, the Services;

ii. develop or test any code, software, or other systems and applications that are related to or implicated in any illegal, abusive, offensive, or inappropriate (in our opinion) activity or organization;

iii. violate any Applicable Law, including, without limitation, in furtherance of any illegal activity, any relevant and applicable anti-money laundering and anti-terrorist financing regimes, each as may be amended;

iv. infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Services;

v. attempt to circumvent any content filtering techniques or security measures that Polymesh employs for the Services, or attempt to access any service or area of the Services that you are not authorized to access;

vi. use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;

vii. use or attempt to use another user’s Polymesh Account without authorization;

viii. provide false, inaccurate, or misleading information;

ix. use the Services from a jurisdiction that we have, in our sole discretion, or a relevant Governmental Authority has determined is a jurisdiction where the use of the Services is prohibited; or

x. encourage or induce any third party to engage in any of the activities prohibited under this Section 4c) (Prohibited Use).

e) Your Responsibilities. As a condition to accessing or using the Services, you shall:

i. only use the Services for lawful purposes and in accordance with these Service Terms;

ii. ensure that, at all times, all information that you provide for the Services, including the information to validate your Polymesh Account identity, is current, complete and accurate; and

iii. maintain the security and confidentiality of your Polymesh Account.

5. Analytics

By accessing and using our Services, you understand and accept that we may (or a third party will on our behalf) monitor and analyze your activities, and use, extract, copy and disseminate any of your data and materials (whether now or in the future) to help us conduct research, analytics, tests and future developments in relation to our Services and any other applications, systems, network, database, services or products. You agree that you will not make any claims of any nature whatsoever in relation to the foregoing, including disputing our ability to monitor and analyze your activities and use, extract, copy and disseminate your data and materials or transferring your data and materials to a third party for such purpose. Please refer to our Privacy Policy for details on how we process your personal information.

6. Intellectual Property

a) Rights to content provided by us. Polymesh Association is the owner or the licensee of all intellectual property rights in the Services (including, without limitation, the Websites and Materials) and the Polymesh name and marks. The Services are licensed, not sold, to you, and Polymesh retains and reserves all rights (present and future) in: (a) the Services and all improvements, enhancements or modifications thereto; (b) any data, information, content, or any other materials related to our Services, including all derivatives works thereof, that are created, written, published, or delivered by us or by a third party on our behalf; and (c) all computer software; advertisements; sponsored content; and intellectual property associated with the Services, which you may have access to when using the Services. You may not use, any of our intellectual property rights other than as set out in these Service Terms.

b) License. You hereby grant us a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, and transferable license to use and display any content, data, information, or materials (excluding any personal information) that you upload or submit to us using, the Services or otherwise. Your personal information will be processed in accordance with our Privacy Policy.

c) Know-How. Subject to the provisions hereof respecting confidentiality and intellectual property, we shall be free to use any ideas, concepts or know-how developed or acquired by us during the provision of the Services to the extent obtained and retained by our personnel as impressions and general learning (the “ Know-How”). Nothing in these Service Terms shall be construed to preclude us from enhancing the Services based on the accumulation of Know-How.

d) Feedback. You are not required to provide us with any comments, suggestions, recommendations, bug reports, requests or any other feedback (“Feedback”). In the event that you do provide us with Feedback, we may use such Feedback to improve the Services or for any other purpose. Furthermore, we shall own such Feedback and we and our affiliates, licensees, users, partners, third-party providers and other authorized persons may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to us.

e) Limited license. We hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the Services in accordance with these Service Terms. Any licenses granted to you shall be automatically revoked by us upon (i) any breach of these Service Terms by you; (ii) termination or expiration of this Agreement; or (iii) in the event of a Prohibited Use. The licenses granted to you may also be terminated by us at any time, for any reason.

f) We, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Services (each such feature being a “Brand Right” and collectively being the “Brand Rights”). The Brand Rights are the sole property of Polymesh or its licensors. We do not grant you any right or license to use any Brand Right other than as expressly set out in these Service Terms and in other licenses between us and you.

7. Updates.

We may make any improvement, modifications or updates to our Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of our Services are subject to such Updates and any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to use such Updates in the manner specified or required by us.

8. Service Period.

We may prescribe any length of service period as we deem appropriate for any Service.

9. Termination.

We may terminate your access to or use any of our Services at any time without notice to you if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of these Service Terms, or for our convenience. Termination of these Service Terms does not affect our rights, which may have accrued prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.

10. Specific Terms of Service

a) Third-party Content. Our Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (the “Third-Party Content”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Polymesh, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Polymesh and Polymesh does not endorse such materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

b) Third-Party Services. Our Services may contain or require the use of third-party services or technologies (“ Third-Party Services”), which may be licensed or made available to you for use under separate agreements. You are responsible for complying and/or non-compliance with any terms and conditions of such Third-Party Services or as required or specified by us. The third-party provider or owner of such Third-Party Services retain the rights, ownership and title in and to such Third-Party Services. We are not responsible for any Third-Party Services and all Third-Party Content about them are provided on an “as-is” and “as available” basis.

c) Accounts. You need to register for an account to use our Services (“Polymesh Account ”). We may grant additional Polymesh Accounts to you at our sole discretion upon your request. We may at any time and in our sole discretion discontinue your Polymesh Account(s). You shall not authorize any third party to access or use your Polymesh Accounts.

d) Service Specifications. Your access to and use of the Services is subject to any service specifications, including but not limited to the feature descriptions, product documentation, application or machine requirements, support and security policies applicable to the Services from time to time, including any updates thereto (“Service Specifications”). You shall review these Service Specifications and use the Services in accordance with the Service Specifications.

e) Suspension and Termination. We may suspend or terminate the operation of any of the Services at any time for any reason. We may also wipe, delete or reset a blockchain and/or the Services or launch a new blockchain and/or Services at any time as we deem appropriate, without any obligation to provide notice to you.

f) Visibility of Blockchain Data. Given the public nature of blockchain technology, anything that you deploy in a blockchain enters the public domain and is potentially visible to any person. You shall ensure that you only enter data onto a blockchain that is permitted to be disclosed publicly and is not confidential or subject to any privacy or confidentiality obligation or undertaking. Please refer to our Privacy Policy for details on how “on-chain” data is processed.

g) Equipment. You shall procure your own hardware, software and other resources for accessing and using the Services. You are responsible for ensuring that your hardware, software and other resources are compatible with the system or software requirements of the Services and you shall ensure that such equipment will not cause any harm, damage, or threat to the systems, security, and resources of the Services.

h) Polymesh Wallet Addendum. In addition to these Service Terms additional terms also apply to your use of the Polymesh Wallet. By accessing and using the Polymesh Wallet, you acknowledge that you have read and understood these additional terms which apply to the use of the Polymesh Wallet and the services provided through it. The additional terms for the Polymesh Wallet are available here.

i) Polymesh Bridge Addendum. In addition to these Service Terms additional terms also apply to your use of the Polymesh Bridge. By accessing and using the Polymesh Bridge, you acknowledge that you have read and understood these additional terms which apply to the use of the Polymesh Bridge and the services provided through it. The additional terms for the Polymesh Bridge are available here.

11. Support

We may provide assistance with issues that you have with your use of our Services, but we do not provide any service level commitments with respect to any of our services, troubleshooting, or Updates relating to any of the Services.

12. Survival

In addition to the provisions from the Polymesh Wallet Addendum and the Polymesh Bridge Addendum that survive termination, the following provisions will survive any termination, your Polymesh Account(s) or your access to the Services, regardless of the reasons for termination, in addition to any other provisions that which may by law or by their nature should survive: Sections 2, 5, 6 (a-d, f), 10, 12, 13, 14, 15.

13. Services Disclaimer

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK .

ALL SERVICES AND CONTENT PROVIDED ON THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND ALL IMPLIED TERMS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. No party involved in, or having contributed to the development of any Services, including but not limited to, any operators and stakers on the Polymesh blockchain, any of Polymesh’s Affiliates and any directors, employees, contractors, service providers or agents of the foregoing (the “Parties Involved”) accept any responsibility or liability to you or to any third parties in relation to any materials or information accessed or downloaded via any of the Services. You acknowledge and agree that the Parties Involved are not responsible for any damage to your computer systems, loss of data, or any other loss or damage resulting from use of any of the Services. The Parties Involved hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of accuracy, completeness, free of bugs or errors, merchantability, non-infringement and fitness for a particular purpose in respect of the Services.

Polymesh does not provide any assurance that the Services or any content will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your platform or internet connection are aware of these Service Terms of use and other applicable terms and conditions, and that they comply with them.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE HAVE ANY LIABILITY WHATSOEVER TO ANY PERSON FOR ANY DIRECT OR INDIRECT LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF ALL OR PART OF ANY THE SERVICES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions prohibit the exclusion or limitation of incidental or consequential damages. In such jurisdictions, the preceding limitation of liability may not apply. If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue use of the Services.

14. INDEMNIFICATION

You will defend, indemnify, and hold harmless us, our Affiliates, and our and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Services; (b) any Prohibited Use; (c) your violation of these Service Terms; or (f) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Polymesh (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Polymesh wishes to settle, and if so, on what terms.

15. Governing Law

These Service Terms are governed by and construed in accordance with the laws of Switzerland and you irrevocably submit to the exclusive jurisdiction of the courts in the Canton of Zug, excluding all conflict of law principles and rules.

16. Severability

If any provision of these Service Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.

These Service Terms are effective as of 26 October 2021.