Terms

Thank you for choosing to be part of our community at the KYVE Foundation, Baarerstrasse 10, 6300 Zug, Switzerland, (“Foundation”, “we”, “us”, or “our”). When we refer to "you" or "your" we mean you, the person accessing or using our website. The following Terms of Use, together with any documents which are expressly incorporated by reference govern your access to and use of [https://www.kyve.network/ ] (hereinafter the "Website”).

By using the Website and clicking “Accept,” or using and/or accessing any of our interfaces, applications, products and/or other services, you agree to these Terms of Use and the general disclaimer on our website found under this link and to the privacy policy under this link (“Privacy”) (these “Terms of Use”). If you are not in agreement with these Terms of Use you may not access our Website.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically for changes.

By using the Website, you represent and warrant that you (i) are not barred to use the Website under any applicable law, and (ii) are using the Website only for your own personal use. If you do not meet these requirements, you must not access or use the Website. If you are younger than 18 years old, you are not allowed to use our Website without the permission of your parents or legal guardian.

Understanding our Terms of Use

These Terms of Use set out the legal Terms of Use on which we allow you to access our Website.

Our Website

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Content of Website

Content of the Foundation

The Content is provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of the Content. Any reliance you place on such information is strictly at your own risk. Nothing in the Content should be used or relied upon as legal, financial, tax or other advice, or as an instruction or solicitation of action by any person.

Third Party Links

The Website may contain links to websites and content that is controlled or operated by third parties (“Third Party Links”). The Foundation is providing these Third Party Links to you only for convenience and the inclusion of any Third Party Links on the Website does not imply any endorsement by the Foundation of the Third Party Links and/or their operators. The Foundation is not responsible for any and all content contained in or associated with the Third Party Links.

PROHIBITED ACTIVITIES

You must not disrupt, compromise, or otherwise damage data or property owned by other parties or do anything to disrupt any of our services, whether directly or indirectly. This includes attacking any devices or accounts other than your own (or those for which you have explicit, written permission from their owners), using phishing or social engineering techniques and/or using bots. Except as expressly permitted under this Agreement, you shall not, and shall not permit any third party to: (i) modify or create any derivative work of any part of our services, (ii) use our Website for commercial time-sharing or service bureau use, or (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Website. Immediately notify us as set forth in these Terms of Use before any of the following occur:You access any accounts or data other than your own (or those for which you have   explicit, written permission from their owners)You disrupt any of our services; orYou access a non-customer-facing Foundation system.

You shall not nor cause or encourage others for any illegal, harmful, fraudulent, infringing, or objectionable activities, including but not limited to the following list of prohibited activities:Any act which might bring the Foundation, KYVE DAO and its affiliates into public disrepute;Actions that would infringe any applicable laws and regulations, including Anti Money Laundering / Countering of the Financing of Terrorism laws and regulations;Information and/or content in any submission or application that is illegal or criminal, false, fraudulent, deceptive, misleading, defamatory, threatening, libellous, slanderous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual or any third party;Disrupting, manipulating, or degrading the services;Phishing, spamming, or pharming;Unsolicited contacting of users or other abusive behaviour;Illegal advertising or fraudulent marketing activities;Infringing or misappropriating the rights of others;Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website;Use any device, software or routine that interferes with the proper working of the Website;Creating a security risk for the Foundation.In the event that the Foundation discovers or suspects that you have engaged in unfair, conflicting, excessive or abusive usage or conduct, the Foundation reserves the right to ban you and take such actions as may be necessary, to the fullest extent possible under law, to protect the Foundation from losses, damages, harm or degradation of any form and manner.

TAXES

You are responsible for the payment of all taxes and/or levies applicable to you in connection with any of the services.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules, regulations, and any generally accepted practices or guidelines in the relevant jurisdictions applicable to you (including, without limitation, any laws regarding the export of data or software to and from the European Union / Switzerland or other relevant countries and all applicable privacy and data collection laws and regulations). To the extent required by law, you are solely responsible for obtaining or filing any approval, clearance, registration, permit, or other regulatory authorization applicable to you and shall comply with the requirements of such authorization.The provider of the Website is based in Switzerland. We make no claims that the Website or any of its content is accessible or appropriate outside of Switzerland. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

SANCTIONS, ANTI-MONEY LAUNDERING AND ANTI-CORRUPTION

You represent, warrant and covenant to us that you have not been, are not and will not be:accessing the Website if the laws of your country of residence and/or citizenship prohibit you from doing so in accordance with these Terms of Use;a citizen, or resident of, or located in, or a legal entity or similar formed or incorporated within or subject to the laws of any jurisdiction in which the participation in the services or the ownership of the KYVE is prohibited, restricted or unauthorised in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction; a Sanctioned Entity and/or a Sanctioned Person (as defined below) and/or an entity or person acting on behalf of a Sanctioned Entity or Sanctioned Person;are not participating from, or are a national or resident of, any of the countries embargoed or restricted by, including without limitation, the Swiss State Secretariat for Economic Affairs (SECO), the Council of the European Union, His Majesty’s Treasury of the United Kingdom of Great Britain and Northern Ireland (UK Treasury), and the U.S. Department of Treasury including, but not limited to: Belarus, Burundi, Central African Republic, Congo, Cuba. DPRK (North Korea), Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, the Crimea, Donetsk, and Luhansk regions of Ukraine, Venezuela, Yemen, or Zimbabwe (“Prohibited Jurisdictions”); andtransacting with any Sanctioned Person or Sanctioned Entity or any person in any Prohibited Jurisdiction.

You further agree that you shall at all times, in all your activities in connection with the Website and theservices and KYVE, comply with all regulations, laws and legislation, including, without limitation, Anti-Corruption Laws, Anti-Money Laundering Laws and Sanctions, applicable to you.

For the purposes of this clause, the following words shall have the following meanings:

“Anti-Corruption Laws” means the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the United Kingdom Bribery Act 2010, and the United States Foreign Corrupt Practices Act of 1977), any Swiss anti-corruption laws or regulations, in each case, as amended from time to time and all other similar laws, rules, and regulations of any other relevant jurisdiction applicable to you or us.

“Anti-Money Laundering Laws” means the Prevention of Organised Crime Act, No. 121 of 1998, the Financial Intelligence Centre Act, No. 38 of 2001 and the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, No. 33 of 2004, any Swiss anti-money laundering act, laws or regulation, in each case, as amended from time to time and all other similar laws, rules, and regulations of any jurisdiction applicable to you or us.

“Sanctioned Entity” means (i) a country or a government of a country, (ii) an agency of the government of a country, (iii) an organization directly or indirectly controlled by a country or its government, or (iv) a person resident in or determined to be resident in a country, in each case, that is subject to a country Sanctions program administered and enforced by OFAC or by any governmental body, including the US Departments of State or Commerce in the United States of America, Her Majesty’s Treasury, the United Nations Security Council, the European Union, Switzerland (SECO), any governmental body of any other relevant jurisdiction or OFAC.

“Sanctioned Person” means (i) any person listed in any sanctions-related list of designated Persons maintained by any governmental body or (ii) a person named on the list of Specially Designated Nationals maintained by Swiss SECO’s Overall List of Sanctioned Individuals, OFAC, the Consolidated List of Financial Sanctions Targets and the Investments Ban List maintained and published by HMT and any similar list maintained and published, or a public announcement of a Sanctions designation made, by the United States, the United Kingdom, the United Nations, the European Union, Switzerland or any governmental body of any other relevant jurisdiction, in each case as amended, supplemented or substituted from time to time.

“Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by any governmental body, including the US Departments of State or Commerce in the United States of America, Her Majesty’s Treasury, the United Nations Security Council, the European Union, Switzerland, any governmental body of any other relevant jurisdiction or OFAC.

INTELLECTUAL PROPERTY RIGHTS

By using our Website you do not gain any rights thereto. All right, title, and interest in and to our Website, including all modifications, improvements, and enhancements made thereto, and all proprietary rights therein, as well as any products, materials and content (including, without limitations, videos) prepared by you shall be and remain the Foundation’s sole and exclusive property, subject to, at all times, our open-source licencing terms as set out herein https://github.com/KYVENetwork. There are no implied licenses under these Terms, and any rights not expressly granted to you hereunder are reserved by the Foundation.

If you want to use, reproduce, modify, distribute, or store any copyrights and trademarks of the Foundation for any purpose, applicants need prior written permission from the Foundation.

The name of the Foundation, its logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. We are the owner or licensee of all intellectual property rights in the Website and its entire content. This includes in particular but without limitation, page headers, texts, graphics, logos, images, digital downloads and the selection and arrangement of the same. You agree not to take any action(s) inconsistent with such ownership interests.

WARRANTY DISCLAIMER. THE FOUNDATION MAKES NO, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO OUR WEBSITE

Your use of the Website, its content and any services or items obtained through the Website is AT YOUR OWN RISK. The Website, its content and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Foundation nor any person associated with the Foundation makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Foundation nor anyone associated with the Foundation represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

The Foundation hereby disclaims any and all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS, EMPLOYEES, ADVISORS, CORPORATE BODIES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS, EMPLOYEES, ADVISORS, CORPORATE BODIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF US, OUR SUPPLIERS, AND OUR LICENSORS FOR ANY PROVEN CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE EXCEED ONE HUNDRED DOLLARS (US$100 OR CHF EQUIVALENT). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold us and our affiliates, and their officers, directors, employees, agents, suppliers, and licensors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including, but not limited to, court costs and reasonable attorneys’ fees) arising out of or in connection with any breach of these Terms of Use by you or your participation in the Website and/or services.

ASSIGNMENT

You may not sell, assign or transfer any of your rights, duties or obligations under these Terms of Use without our prior written consent. We reserve the right to assign or transfer these Terms of Use or any of its rights, duties and obligations hereunder to any third party.

WAIVER & Severability

No waiver by the Foundation of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any of these Terms of Use is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms of Use shall continue to be valid and in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.

GOVERNING LAW AND JURISDICTION

These Terms of Use and any dispute or claim arising out of or in any way relating to this Agreement or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with substantive Swiss law under the exclusion of the conflicts of law rules. The application of the United Nations Convention for Contracts for the International Sales of Goods (“CISG”) is hereby expressly excluded. You and we irrevocably submit to the exclusive jurisdiction of the ordinary courts of the canton of Zug, Switzerland for the purpose of hearing and determining any dispute or claim (including non-contractual disputes or claims) arising out of these Terms of Use or its subject matter or formation.

CONFIDENTIALITY

You acknowledge that, in connection with your participation in the Website, you may be exposed to data and information, including product, technology, business, and strategy information that is confidential and proprietary to us (collectively, “Confidential Information”). All Confidential Information shall be sole and exclusive property of the Foundation and may be used by you only for assisting us in resolving any security issue you have reported to us. You may not reveal, publish, or otherwise disclose the Confidential Information to any third party without the prior written consent of the Foundation, and shall protect the Confidential Information from disclosure using the same degree of care you use to protect your own confidential information of like kind, but in no event using less than reasonable care. For the avoidance of doubt, any reported security issue and your respective report will not be considered our Confidential Information but may not be publicly disclosed until after we release a security advisory and update our software or service to resolve the issue reported.

GENERAL PROVISIONS

These Terms of Use do not create any relationship of association, partnership, joint venture or agency between us and you. Neither we nor you will have any right or authority to assume, create or incur any liability or obligation of any kind against or in the name of the other party. You shall not, under any circumstances, represent that you are an agent of the Foundation and you shall take all reasonable precautions to avoid any perception that such relationship exists. These Terms of Use set forth the entire agreement and understanding between us and you with respect to the subject matter in these Terms of Use. These Terms of Use merge all previous discussions and negotiations between us and you and supersede them.

A person who is not a party to these Terms of Use shall not have any rights whatsoever under these Terms of Use or to enforce these Terms of Use.

KYVE Foundation
‍Baarerstrasse 10
6300 Zug
Switzerland