Effective: September 1, 2022
Last Updated: September 1, 2022
These terms of Services and all of the terms incorporated herein by reference (collectively, these “Terms”) are entered into between DIA (“DIA”, “we”, “us”, and “our”) and you or the company or other legal entity that you represent (“you” of “your”). These Terms govern your access to and use of the our Services (defined below) and describe your rights and obligations and our disclaimers and limitations of legal liability.
By accessing or using any part of our Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.
DIA reserves the right to change or modify these Terms at any time and in its sole discretion. By continuing to access or use our Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or our Services. If you do not agree to the revised Terms, you may not access or use our Services.
Our site located at diadata.org and all associated sites (the “Website”) enable users to access open-source documentation and related Services, including (without limitation) resources, data and computation Services, information about the decentralized network of node operators that are selling usage of specific data via data feeds and APIs to smart contracts integrating DIA software and resources for the DIA community (the “Services”).
By using our Services, you acknowledge and confirm that:
By using our Services, you further represent and warrant that:
You acknowledge and agree that, as between you and DIA, DIA and its licensors own all legal right, title, and interest in and to the Services (including all Intellectual Property Rights therein) (collectively “DIA Materials”). You acknowledge that DIA Materials are protected by applicable laws including applicable copyright and trademark laws. The rights that you have in and to the Services are limited to those expressly stated in this Section 4 of the Terms. DIA reserves all rights and ownership in and to DIA Materials not expressly granted to you.
Excluding any open source software or third-party software the Services incorporate, DIA hereby grants you a limited, revocable, non-transferable, license to access and use those portions the Services that are proprietary to DIA in accordance with their intended uses and using their designated public interfaces.
You acknowledge and agree that, except as expressly set forth in these Terms to the contrary: (a) your acquisition of DIA’s utility tokens does not give you any rights or licenses in or to DIA Materials; (b) you do not have the right to modify, reproduce, create derivative works of, distribute, sell, license or otherwise commercialize any elements of DIA Materials; (c) you will not apply for, register, or otherwise use or attempt to use any DIA trademarks or Services marks, or any confusingly similar marks, anywhere in the world; and (d) you have no right to and shall in no event take any enforcement action (including by, for example, sending DMCA takedown notices) or make any claims based on any DIA Materials without DIA’s prior written consent in each instance, and DIA may, in its sole discretion, undertake any necessary actions to prevent any unlicensed or unauthorized use and/or distribution of any DIA Materials.
To the extent the DIA Materials contains any third-party Intellectual Property Rights (e.g., licensed Intellectual Property Rights), you understand and agree that: (i) you will not have the right to use any third-party Intellectual Property Rights in any way except as incorporated in the Services, and subject to the license and restrictions contained in these Terms; (ii) depending on the nature of the license granted from the owner of the third-party Intellectual Property Rights, DIA may need to pass through additional restrictions on your ability to use the Services.
Except as otherwise expressly permitted by additional agreement, DIA does not permit commercial usage of any of the Services or APIs.
You acknowledge and understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction through the Services. The Services may use other decentralized blockchain-based protocols instead of or as well as Ethereum, or forks of Ethereum or other such protocols.
The Services may provide users with a convenient interface that allows users to interact directly with an underlying blockchain. No fiat money or cryptocurrency is stored or handled by DIA at any point. Transactions take place directly between the user, blockchain network participants and smart contracts deployed on the underlying blockchain.
You acknowledge and understand that the smart contracts do not give DIA custody, possession, or control of any cryptocurrency at any time for the purpose of facilitating transactions. You affirm that you are aware and acknowledge that the Services is non-custodial in nature and that the Services has been designed to be directly accessible by the users without any involvement or actions taken by DIA. DIA never takes custody of any user’s money or cryptocurrency.
Except to the extent expressly set out in these Terms, you are not allowed to: ‘scrape’ content or store content of the Services on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Services, remove or change any content of the Services or attempt to circumvent security or interfere with the proper working of the Services or the servers on which it is hosted, or create links to the Services from any other website, without our prior written consent. You may however link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or Services you offer, you link to (and do not frame or replicate) the home page of the Services, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You may only use the Services for lawful purposes, in a responsible manner, and in a way that does not damage our name or reputation or that of any of our affiliates, directors or officers, or any of our licensors. DIA reserves the right to terminate, suspend or restrict your access to the Services if there is reasonable suspicion by us that that the Services have been or will be used for any illegal, fraudulent, or unauthorized purposes.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them, and you may not subsequently use the Services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DIA, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively “DIA Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party. You agree to promptly notify DIA of any third party Claims and cooperate with the DIA Parties in defending such Claims. You further agree that DIA Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND DIA.
None of the information contained on the Services constitutes investment advice, financial advice, trading advice, or any other sort of advice, or guidance for investments and other decisions and you should not treat any of the information provided as such without the express prior written consent of DIA. DIA does not express an opinion on the future or expected value of any cryptocurrency, security or other interest and does not explicitly or implicitly recommend or suggest an investment strategy of any kind. Conduct your own due diligence and consult your financial advisor before making any investment decisions.
The mentioning of a third party does not constitute an endorsement, guarantee, warranty, or recommendation by DIA. DIA has no visibility into, or possibility to control, the software or mechanisms used by such third parties, and cannot verify or guarantee the proper functionality of the third parties’ software or operations. Conduct your own due diligence before deciding to use any third party services.
DIA assumes no liability for any damages arising from actions taken on the basis of information contained on the Services or any other of its publications.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DIA, THE SERVICES, CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIA (AND ITS LICENSORS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. DIA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, CONTENT CONTAINED THEREIN. DIA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE DIA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, DIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.
DIA’S UTILITY TOKENS ARE INTANGIBLE DIGITAL TOKEN. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY DIGITAL TOKEN OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT DIA OR ANY DIA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIA’S UTILITY TOKENS.
DIA is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Services. DIA is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You accept and acknowledge:
DIA reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without liability therefore.
Any dispute, controversy, or claim arising out of, or in relation to, these Terms, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.
The number of arbitrators shall be three.
The seat of the arbitration shall be Zug, Switzerland.
The arbitral proceedings shall be conducted in English.
These Terms, your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the Switzerland, without regard to conflict of law rules or of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved exclusively in the courts of Zug, Switzerland.
Notwithstanding anything contained in these Terms, DIA reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
You agree and understand that all provisions of these Terms shall survive the termination or expiration of these Terms.
These Terms constitute the entire agreement between you and DIA relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DIA prior, concurrent or subsequent circumstance, and DIA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.