SHORT VERSION IN HUMAN LANGUAGE:
- Mysterium Platform and Software is still in its development (alpha) stage. We will do our best to develop it further, but we cannot guarantee this.
- You will join our network and act as an exit node for others.
- We strive to protect you from any legal liability and believe that you should not be liable for running an exit node, but we cannot guarantee that you might not face it.
- You cannot monitor or log any data which passes through your equipment and must treat all data equally.
- Your use of the platform and software is at your own risk. We provide it to you “as is” without any warranties.
- In no event will we be liable for any damages which you may incur.
- We recommend that you read the full version below to get acquainted with all of the terms and conditions.
These terms and conditions (the “Terms”) is a binding legal agreement between you and NetSys Inc. (“Mysterium Networks” or “we”) that governs your participation in the early open alpha testing program (the “Program”) of the Mysterium network (the “Network”) and the alpha version of the Mysterium software (the “Software”). Mysterium Network and Software hereinafter may be referred jointly to as the “Mysterium Platform Open Alpha”.
Your enrolment and participation in the Program and access to and use of the Mysterium Platform Open Alpha is subject to these Terms. By participating in the Program or installing or using the Software you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. If you do not accept these terms and conditions you must immediately stop using the Mysterium Platform Open Alpha. You shall not enroll into the Program or use the Mysterium Platform Open Alpha for any purpose that is unlawful or prohibited by these Terms and legal requirements.
You may not sign up for and participate in the Program if you are under the age of 18 or if you are not the owner of the device on which you install the Software or otherwise use the Mysterium Platform Open Alpha.
We shall have the right at any time to change or modify the Terms or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Network or the Software after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.
The Mysterium Platform Open Alpha is a combination of the open source Software and the Network that allow users (the “Users”) to enhance their privacy while using the internet. It is accomplished by creating virtual tunnels through one or more connections to other users of the Network (the “Nodes”) and by using their equipment and resources to route the Users to their final destinations.
By enrolling into the Program or installing the Software, you agree to act as an exit Node operator and become a part of the Network. These Terms govern your participation in the Program as an exit Node. Therefore, you consent that the Users and we use your equipment, communication and other resources for the purposes of the Program.
The Mysterium Platform Open Alpha is still in its early development stage. The sole purpose of the Program is to obtain feedback on the performance of the Mysterium Platform Open Alpha and to identify its defects. You expressly acknowledge that the Mysterium Platform Open Alpha is a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the Mysterium Platform Open Alpha.
We do not guarantee that the Mysterium Platform Open Alpha will be developed to reach any subsequent development stage (e.g. release version) or that any subsequent versions will have the same or similar functionality and characteristics to the ones that the Mysterium Platform Open Alpha have.
To maintain and develop the Mysterium Platform Open Alpha we may collect limited and anonymized information and performance data.
You will get no remuneration or compensation of any kind for the participation in the Program unless you have agreed otherwise in writing with us.
You shall be responsible for obtaining and maintaining all necessary hardware, software and other equipment and resources needed for access to and use of the Mysterium Platform Open Alpha and all charges related thereto.
We do not encourage, support and contribute to illegal activities and we are resolved to keep the Mysterium Platform Open Alpha operating legally and to protect you. To this end, we enter into binding agreements with the Users by which they undertake to use the Mysterium Platform Open Alpha only for legal purposes; however, we have no technical possibility to monitor and control their activities on the Network and cannot guarantee that the Users will comply.
Although we strongly believe that you should not be liable for the traffic which passes through your exit Node and we may establish technical measures that may not allow illegal or criminal traffic in or through the Mysterium Platform Open Alpha, you accept, agree and fully understand that we cannot guarantee that no illegal or criminal traffic passes in or through the Mysterium Platform Open Alpha and that you will never face any legal liability. In the case you will obtain any inquiries from legal authorities about your participation in the Program or face an official investigation related to the use of your resources by the User using the Mysterium Platform Open Alpha, we are free to take a decision to provide you with any help and assistance, including legal advice, that we might find necessary or suitable in the specific situation.
If you need our help or advice, please contact us immediately at firstname.lastname@example.org
You may not use the Mysterium Platform Open Alpha in any manner that could damage, disable, overburden, or impair the servers and other resources of Network or other Nodes, or interfere with any third party’s use of the Mysterium Platform Open Alpha. You may not attempt to gain unauthorized access to any aspect of the Mysterium Platform Open Alpha or to information for which you have not been granted access.
Without limiting the generality of the foregoing, you shall not use the Program and (or) commit any criminal and illegal activities in or through the Mysterium Platform Open Alpha, including:
- extortion, blackmail, kidnapping, rape, murder, sale/purchase of stolen credit cards, sale/purchase of stolen sale/purchase, sale/purchase of illegal sale/purchase, performance of identity theft;
- use of stolen credit cards, credit card fraud, wire fraud, bank fraud;
- hacking, pharming, phishing, or spamming of any form, web scraping through our service in any form or scale;
- exploitation of or contribution to children exploitation photographically, digitally or in any other way;
- any other activities that are against the law of the country you originate from or reside in, and/or any other activities that are not compatible with the principles of democracy, freedom of speech, freedom of expression, and human rights.
Additionally, you shall:
- not monitor, log and(or) store any information or data which passes through your exit Node, including connection time stamps, used bandwidth, traffic logs, Users’ IP addresses, destinations IP addresses and other communication data, and not disclose such information to a third party;
- respect a net neutrality principle, i.e. not filter, limit, restrict, inhibit or obstruct any communication or types of communication which passes through your exit Node and treat all data as the same regardless of its kind, source, or destination.
An ID and a private key (jointly, the “ID Data”) will be automatically created for your when you install or run the Software for the first time. You are entirely responsible for maintaining the confidentiality of your ID Data. Furthermore, you are entirely responsible for any activities that occur under your ID Data. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your ID Data, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else’s ID Data at any time, without the permission of the account holder.
You fully understand and accept that the Software is licensed to you, not sold. For the term of your participation in the Program we grant you a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable and limited license to install a copy of the Software on your personal device. This limited license is solely for your personal and non-commercial use. Any commercial participation in the Program or use of Software, including, but not limited to, any use by an individual on behalf of a company or corporate entity, shall be considered a breach of these Terms and automatically make the license void.
Our logos are our trademarks. All rights reserved. All other trademarks appearing on the Mysterium Platform Open Alpha are the property of their respective owners.
YOU EXPRESSLY AGREE THAT USE OF THE MYSTERIUM PLATFORM OPEN ALPHA IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MYSTERIUM PLATFORM OPEN ALPHA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYSTERIUM PLATFORM OPEN ALPHA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MYSTERIUM PLATFORM OPEN ALPHA.
THE MYSTERIUM PLATFORM OPEN ALPHA IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MYSTERIUM PLATFORM OPEN ALPHA, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYSTERIUM PLATFORM OPEN ALPHA.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MYSTERIUM PLATFORM OPEN ALPHA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE. NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Mysterium Platform Open Alpha by you or your account.
Either we or you may terminate this agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate your account in the event of your conduct by which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by these Terms.
The Mysterium Platform Open Alpha is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Mysterium Platform Open Alpha or any part of it in violation of any such restrictions, laws or regulations
The Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Panama, without regard to its conflict of laws rules.
You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Panama.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.