⚠️Terms And Conditions
These terms and conditions (“Terms”) govern the use of the Agnostico Application (defined below) and website and the Services (defined below).
These Terms constitute a binding and enforceable legal contract between Agnostico and its affiliates and subsidiaries worldwide (“Agnostico”, “Platform”) and you, an end user of the Services (“you” or “User”) in relation to the Services.
By using the Services, you agree that you have read, understood, and to are bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Services.
BY USING THE WEBSITE, YOU ACCEPT AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1. SERVICES
The Website and its underlying smart contract (“Platform”) is provided as is, and any exploitation of the Website or errors in program logic and/or code (bugs) constitutes a prohibited use and a material breach of these Terms and Conditions. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of the Platform, without limit.
Some users are required to sign-in with their github accounts if they are sharing codes. All users are required to connect their non-custodial wallet in order to perform actions on the Platform. The Platform is not responsible for any loss or damage that may arise from such integration, including any loss arising from deploying any shared code.
You understand that the Platform only permits access to the shared codes and in no way guarantees and warrants performance of the codes deployed through the Platform.
2. ACCESS TO THE SERVICES
a. By using the Services, you represent and warrant that:
you have full legal capacity and authority to agree and bind yourself to these Terms;
you are eighteen years of age or older;
your use of the Services is (i) not prohibited by applicable law, and (ii) at all times compliant with applicable law;
and are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User Account or device.
b. You should take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the Platform.
3. CONDITIONS OF USE
a. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Agnostico;
violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website;
include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable;
involve in stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
involve, provide, or contribute any false, inaccurate, or misleading information;
impersonate or attempt to impersonate the Platform, a Platform's employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
or violate applicable laws in any manner.
transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the Platform, may harm the Platform or users of the Website or expose them to liability.
b. You warrant that you are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
c. You shall extend all cooperation, at your cost, to Agnostico in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
4. PROHIBITED USES
The Platform is provided as is, and any exploitation of the Platform or errors in program logic and/or code (bugs) constitutes a prohibited use and a material breach of these Terms and Conditions. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of the Platform, without limit.
Primary Developers are required to sign-in with their github accounts. Primary Developers and Secondary Developers are required to connect their ethereum-compliant wallet such as metamask in order to perform actions on the Platform. The Platform is not responsible for any loss or damage that may arise from such integration, including any loss arising from deploying any shared code.
You understand that the Platform only permits access to the shared codes and in no way guarantees and warrants performance of the codes deployed through the Platform.
The Platform reserves the right to bar you from using its Services at any time and without prior warning.
5. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Agnostico. Subject to your compliance with these Terms, Agnostico grants you a non-exclusive, non-sub licensable, and limited license to (i) use the Services in the permitted hereunder.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Agnostico's or any third party's intellectual rights.
You may provide suggestions and other feedback, including bug reports, in relation to the Services from time to time (“Feedback”). Agnostico may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
6. THIRD PARTY SERVICES
The Services may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
Agnostico makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness.Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Agnostico's or any third party's intellectual rights.
All intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. INDEMNITY
You agree to indemnify and hold harmless Agnostico, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.
8. DISCLAIMER AND WARRANTIES
Agnostico merely an educational-purpose Platform that facilitates access to share and deploy solidity codes by willing users and does not provide you with any warranty or representation whatsoever regarding the quality, fitness for purpose, completeness or accuracy of shared codes.
Agnostico is merely a technology platform, and does not provide any legal, tax, investment, financial, or other advice and no information provided by Agnostico in connection with the Services should be construed as such.
You agree that your use of the Services is at your sole risk. To the extent permitted by applicable law, the Services are provided on an “;as is”; and “as available” basis. Agnostico does not hold any authority nor have the capacity to verify and provide security audits on the shared codes and as such, does not not warrant that that the functions contained in the Services will meet your requirements. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Agnostico shall have absolutely no liability in this regard.
Agnostico does not warrant or represent that the Services will be compatible with any third party hardware or software. It shall your responsibility to ensure compatibility of the Services prior to use. Additionally, Agnostico shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Services.
The Application may contain links to third party web sites or services that are not owned or controlled by Agnostico. Agnostico has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such websites. You further acknowledge and agree that Agnostico shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or service.
Users who share their code on the Platform agree that the code is granted the MIT license, regardless of the SPDX identifier placed inside the solidity file according to Solidity Documentation .
To the fullest extent permissible by law, Agnostico, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability of the Services, including any third party services made available through the Services;
the Services being infected with any malicious code or viruses; or
the failure of the Services to remain operational for any period of time.
9. LIMITATION OF LIABILITY
Except where such exclusions are prohibited by law, under no circumstance will the Platform nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use (or misuse), or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know. nothing in these terms and conditions shall exclude or limit the Platform's liability for death or personal injury resulting from its negligence.
10. FORCE MAJEURE
Agnostico shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
11. KNOW YOUR CUSTOMER (“KYC”) AND ANTI-MONEY LAUNDERING (“AML”) POLICY
Agnostico is a permissionless and near-decentralized Platform for code sharing and reuse. As a software development Platform, Agnostico has no role in enforcing KYC by default, however the Platform do provide disclaimers to users to ensure they are abiding country law and complying with its KYC & AML policy.
12. WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof by the Platform. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
13. MISCELLANEOUS PROVISIONS
Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Reporting and contact: All notices, requests, demands, and determinations for Agnostico under these Terms (other than routine operational communications) shall be sent to info@agnostico.link.
Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
Modification: Agnostico reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
Partnership: Nothing in these Terms and Conditions shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Platform. Nothing in these Terms and Conditions shall create or confer any rights or other benefits in favour of any third parties not party to these Terms and Conditions.
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