Terms of service

Valid from 01.07.2020

PLEASE READ THESE TERMS OF SERVICE OF DVOTE LABS OÜ (HEREINAFTER “TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN.

dvote labs OÜ, registry code 14620143, registered address at Sepapaja tn 6, 15551 Tallinn, Estonia (hereinafter “Dvote”) offers an all-in-one privacy-centric toolkit to boost digital governance (hereinafter the “Services”) through the https://vocdoni.io Website (hereinafter the “Website”) and the Vocdoni App (hereinafter the “App”) for users (hereinafter the “User”) on the basis of this agreement (hereinafter the “Agreement”) entered into with the User.

The following Terms govern all use of the Services and all content, services and products available at or through the Website or the App. In addition, these Terms apply to VoChain Proof-of-Authority blockchain optimized for end-to-end verifiable voting (hereinafter “VoChain”) and trustless distributed backend Gateways that can be contributed by any third party (hereinafter “Gateways”).

The Services are owned and operated by Dvote. The Services are offered subject to User’s acceptance without modification of all of the Terms contained herein and all other operating rules, policies and procedures.
Dvote is operating under the OpenSource Licenses. The software licenses GNU Affero General Public License (AGPLv3) and BSD 3-Clause License (BSD3).

Responsibility of Contributors
Dvote Website and App are used as the interfaces to view and add the content (hereinafter the “Content”). Dvote does not host the Content. All Content is hosted in IPFS (The InterPlanetary File System) and blockchains and it allows Users to publish and retrieve the Content from public blockchains.

If a User posts Content through the Website or App, posts links on the Website or App, or otherwise make (or allow any third party to make) material available by means of the Website and App , User is entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, User represents and warrants that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

  • User has fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libellous, or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

Copyright Infringement

As Dvote asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the material located on or linked to Website or App violates any copyright please notify Dvote at abuse@vocdoni.io. Dvote will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Dvote or others, Dvote may, in its discretion, terminate or deny access to and use of the Services.

Intellectual Property

This Agreement does not transfer from Dvote to User. Any Dvote or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dvote. vocdoni.io, the Vocdoni logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, or the App are trademarks or registered trademarks. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Use of the Services grants User no right or license to reproduce or otherwise use any Dvote or third-party trademarks.

Termination

Without limiting any of those representations or warranties, Dvote has the right (though not the obligation) to, in Dvote’s sole discretion,

  • refuse or remove any content that, in Dvote’s reasonable opinion, violates any Dvote policy or is in any way harmful or objectionable, or
  • terminate or deny access to and use of the Website or App to any individual or entity for any reason.

Dvote may terminate User’s access to Services in case of:

  1. A favorable resolution of the non-profit organization “Vocdoni Roots MTÜ”, designed by the Dvote board set to mediate in disputes.
  2. A clear violation of Human Rights – an organization that advocates for the elimination of rights to certain groups of people based on ethnicity, political ideology or sexual orientation should not be able to use the Services.

Limitation of Liability

In no event will Dvote be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or conseuential damages;
  2. any content published by third parties on Website or Vocdoni App,
  3. the cost of procurement of substitute products or services;
  4. for interruption of use or loss or corruption of data; or
  5. for any amounts that exceed the fees paid by User to Dvote under this Agreement during the twelve (12) month period prior to the cause of action.

Dvote shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

User represents and warrants that:

  1. use of the Services will be in strict accordance with the Dvote Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in User’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which the User reside) and
  2. use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

User agrees to indemnify and hold harmless Dvote, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of use of the Services, including but not limited to violation of this Agreement.

Dispute Resolution

The law of the Republic of Estonia shall apply to these Terms.

All disputes arising from these Terms will be settled by the negotiations of the parties. If the disputes resulting from these Terms could not be settled by the negotiations of the parties within a reasonable timeframe, the dispute will be solved in the Harju County Court, in Tallinn, Estonia.

Changes

Continued use of the Website and App following the posting of such changes will constitute assent to all such changes. Please periodically visit this section to review the current version of these Terms.

Dvote reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Dvote will not make any change to this Agreement without a previous publicly announced and heart the comments from the User and the community.

Dvote may also, in the future, offer new Services and/or features through the Website and App (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.