FARMER TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS (THE "AGREEMENT") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“FARMER," “YOU", OR “YOURS”) AND OF THE THREEFOLD COMPANIES (“THREEFOLD”, “COMPANY,” “US,” “WE” OR “OUR”), GOVERNING THE TERMS OF YOUR PARTICIPATION AS A FARMER IN THE THREEFOLD GRID. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, EITHER BY CLICKING TO SIGNIFY ACCEPTANCE, OR BY TAKING ANY ONE OR MORE OF THE FOLLOWING ACTIONS DOWNLOADING, INSTALLING, RUNNING,/AND OR USING THE APPLICABLE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT EFFECTIVE AS OF THE DATE THAT YOU TAKE THE EARLIEST OF ONE OF THE FOREGOING ACTIONS. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO AND COMPLY WITH THE TERMS OF THIS AGREEMENT.

1. DEFINITIONS

Unless defined otherwise in this Agreement below, capitalized terms in this Agreement shall have the meaning ascribed to them in the following links for Definitions.

SPECIAL DEFINITIONS

  • THREEFOLD COMPANIES noted as (“THREEFOLD”, “COMPANY,” “US,” “WE” OR “OUR”) mean any of the companies as mentioned below:
    • DUBAI & BVI
      • THREEFOLD DMCC, TF Hub Limited
      • THREEFOLD FZC (the original ThreeFold in UAE, no longer active)
      • THREEFOLD LABS IT
      • MAZRAA IS BRANDNAME OF THREEFOLD LABS IT
    • EUROPE
      • THREEFOLD VZW
      • TFTECH NV BELGIUM
      • BETTERTOKEN NV BELGIUM
      • THREEFOLD AG
  • TFCHAIN ("TFCHAIN")
    • ThreeFold Blockchain manages the ThreeFold Grid and the 3Nodes as an autonomous piece of software.
    • A DAO has been created (decentralized autonomous organization) which manages the behaviour of this Blockchain Software (upgrades & functionalities)
    • Is a piece of opensource software as used by all of us together.
    • TFChain has been introduces since TFGrid 3.x
  • Change Request
    • Change Requests can be registered on the TFChain. They are a proposal for any request for change.
    • Change Requests can be used to trigger change in protocol, software update, changes in software or TFGrid specifications.
    • Change Requests need to be approved by majority of Validators
    • Change Requests are being introduced from TFGrid 3.x (x to be defined)
  • TFChain Validators ("VALIDATOR")
    • A Validator is a piece of software running a TFChain Blockchain Function to protect the security and sovereignity of the Blockchain.
    • Each Validator has a vote to agree on changes in protocol, software updates, changes in software or TFGrid specifications.
    • Each Owner / Maintainer of a Validator has to stake a certain to be defined amount of TFT before voting can happen.
    • Validators are being introduced from TFGrid 3.x (x to be defined)
    • Majority of Validators have to vote positively on each Change Request suggested before change can happen.
    • Validators are required to let the DAO function.
  • DAO
    • Decentralizes Autonomous Organization
    • Implemented on multiple levels, but for release 3.0.x only on level 1 which is on Substrate TFChain level.
    • The DAO is the set of rules under which the decentralized organization functions.

2. FARMER SERVICES

The Farmer may provide IT Capacity on the ThreeFold_Grid (the "Farmer Services") pursuant to the terms hereof during the Term of this Agreement. The Farmer Services include the features and functionality applicable to the version of the TF Operating System (Zero OS) installed by the Farmer and TF Blockchain Software (together also referred to as the “Software”). Company may update the content, functionality, and user interface of the Farmer Services from time to time in its sole discretion.

By entering into this Agreement you receive a non-exclusive, non-sublicensable, non-transferable right to provide the Farmer Services pursuant to this Agreement during the Term hereof solely for your internal business purposes subject to the limitations set forth herein.

The Software consists of open source code and is made available to you pursuant to the terms of the open-source license agreement(s) as located on https://github.com/threefoldtech and https://github.com/threefoldfoundation (the "Open Source License(s)"). Your use of the Software or any other Content (Information) is conditioned upon your compliance at all times with the terms of all applicable Open Source License(s). Example license for Zero-OS can be found here.

Including without limitation all provisions governing access to source code, modification, and/or reverse engineering. You are responsible for complying with any applicable documentation, meaning any information that describes the ThreeFold_Grid, provides instructions or recommendations related to the configuration and/or use of the ThreeFold_Grid, or otherwise informs Users of the intended use of the ThreeFold_Grid, including, but not limited to content provided directly to User or published at https://library.threefold.me, https://library.threefold.me, https://forum.threefold.io or otherwise made available in conjunction with the ThreeFold_Grid, the ThreeFold_Token or the Software (“Documentation”) and for satisfying all technical requirements of the Software, including any requirements set forth in the Documentation for ensuring that the Software performs properly.

3. FARMER GRANT OF RIGHT TO IT CAPACITY

By making available one or more computers, network or storage devices ("3Nodes") and connecting such 3Nodes to the TF Grid via the Software, you hereby grant to Company, TFChain and Users the irrevocable right to access and use the 3Nodes as follows:

  • to use storage, compute and network services as delivered by your 3Node(s)
  • to store data and materials by Users on your 3Node(s) (the "Content") and to access such Content from your 3Node(s) at any time

in accordance with the capabilities of the software installed on the 3Nodes;

4. CERTIFIED VS. DIY-FARMERS

There are two types of ThreeFold Farmers:

  1. Certified Farmer: Uses hardware from certified sources and signs a contract with TF Tech NV for support and additional benefits
  2. Do It Yourself (DIY) Farmer: Uses any hardware and in case of support uses online material only.

Farmers can opt in for certification ("Certification"). Certification can be withdrawn in case the relevant 3Node does no longer comply with the applicable certification requirements.

The following criteria or requirements are checked (timing of implementation, see roadmap on wiki):

  • Bandwidth: 24 times a day random non local nodes are used to upload a 2MB file to a 3Node. The bandwidth will be measured in mbit/sec
  • Utilization: Through the ThreeFold Explorer the true utilization of the 3Node will be checked. It will be displayed in % of the 3Node total capacity.
  • Uptime: The uptime per month will be created in the ThreeFold Explorer and is presented as a percentage of 3Node availability.

ThreeFold may give free certification to 3Nodes that benefit the distribution of capacity on the ThreeFold_Grid.

ThreeFold may also certify certain hardware partners (i.e. certified hardware vendors) as part of this certification process.

5. FARMER RESPONSIBILITIES

At all times during the Term of this Agreement or the period when Content is maintained in your 3Node, whichever is longer:

  1. You will comply with the terms of this Agreement, the Generic Disclaimer, ThreeFold Website Terms and Privacy Policy and any other terms and conditions required by in connection herewith, the Open Source Licenses, and the terms of all other agreements to which you are a party in connection with your performance under this Agreement including, without limitation, any agreement you have with a third-party Internet service provider.
  2. You will operate the 3Node in strict compliance with terms of this Agreement and any applicable laws or regulations, and will not take any action not expressly authorized hereunder.
  3. Without prejudice to your rights under any applicable Open Source license, you will not modify or attempt to modify the Software for any purpose including but not limited to attempting to circumvent the audit, bypass security, manipulate the performance of, or otherwise disrupt the ThreeFold_Grid for any reason, including but not limited to attempting to increase the amount of data stored or bandwidth utilized or the amount of Farmed TFTs, as defined herein, and you will not otherwise interfere with the operation of the ThreeFold_Grid.
  4. You will provide and maintain the 3Node so that, at all times, it will meet the minimum requirements set out for either pre configured servers (‘certified hardware’) or ‘do-it-yourself’ servers. Read more here.
  5. You will implement and maintain adequate administrative, organizational, physical and technical safeguards to ensure the protection, confidentiality, security, and integrity of the 3Node and Content and shall take all reasonable steps to ensure that Content are not disclosed, accessed, used, modified, or distributed except as expressly authorized under this Agreement.
  6. You acknowledge and agree that by running the Software on your hardware device and allowing IT Capacity to be made available on the TF Grid to the Users and TFCHAIN, you may act as a cloud service provider under certain circumstances and as such qualify as a processor or sub-processor under the General Data Processing Directive (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (‘GDPR’). You undertake to comply with any legal obligations which may possibly be applicable to you as a data processor under the GDPR and/or any other applicable data privacy regulations.
  7. You acknowledge and agree that by running the Software on your hardware device and allowing IT Capacity to be made available on the TF Grid to the Users, your 3Node may be impacted due to additional constraints being placed on it by the Software and the processing of Content. In particular, but without limiting the generality of the foregoing, your 3Node may not operate as quickly as it would without running the Software and making IT Capacity available for use by Users.
  8. In connection with your use of the Software and/or operation of a 3Node hereunder, Company may, provide updates to the software which will be automatically provided and installed. You acknowledge that these updates are done automatically on your 3node or any other web site or portal and you don't have the ability to confirm such an update. This update mechanism might be revisited at the end of 2020 and will be communicated accordingly. These updates need to be done automatically for now, because ThreeFold_Grid consists out of many components which are depending on each other and need the right version to be installed.
  9. In connection with your use of the Software and/or operation of a 3Node hereunder, Company may, from time to time, require you to affirm and/or reaffirm your agreement to the terms of this Agreement, and in such case, your continued use of the Software is contingent upon your promptly providing such affirmation as requested by Company.
  10. You, as the Famer, acknowledge that you retain administrative and/or physical control over to whom you grant access to the applicable 3Node. You are responsible for maintaining the physical security of the 3Node
  11. Company may suspend Famer’s participation in the ThreeFold_Grid if Company believes the Farmer to be: (a) violating any term of this Agreement; or (b) using the ThreeFold_Grid in a manner that Company reasonably believes may cause a security risk, a disruption to the ThreeFold_Grid, or liability for Company or any persons involved in the ThreeFold Open Source project.

6. RESTRICTIONS

You will operate the 3Node in strict accordance with the terms of this Agreement and in no other manner. Without limiting the generality of the foregoing, you will not:

  1. access or use the ThreeFold_Grid: (i) in violation of applicable laws; or (ii) in a manner that interferes with or disrupts the integrity or performance of the ThreeFold_Grid (or the data contained therein).
  2. with respect to Content (i) reverse engineer any aspect of the Content or do anything that might discover the contents or origin of the Content, (ii) attempt to bypass or circumvent measures employed to prevent or limit access to the Content, including by attempting to defeat any encryption, or (iii) attempt to interfere with the storage or transmission of Content or with our audits of your 3Node(s);
  3. manipulate or otherwise attempt to bypass, change, or update any values related to uptime detection outside the programmatic operation of the Software;
  4. deliberately or actively limit or otherwise negatively impact download speed such that insufficient bandwidth is available for required audit traffic;
  5. manipulate or alter the default behavior of the ThreeFold_Grid to artificially increase or decrease the value of any reputation factor of any 3Node;
  6. manipulate network responses to any request with unauthorized intent to change the cryptographic signatures, NodeID, or TFT wallet address;
  7. attempt to manipulate or falsify the identification of the 3Node by the Software or otherwise bypass the proof of capacity process;
  8. retain any Content after the earlier of termination of this Agreement or de-certification of the applicable 3Node at any time; or
  9. in any other way attempt to interfere, impede, alter, or otherwise interact in any manner not expressly authorized hereunder with the ThreeFold_Grid or the operation of any other 3Node(s).

7. REPRESENTATIONS AND WARRANTIES

You hereby represent, warrant, and covenant that:

  1. You own or control your 3Node(s), and have the right to install the Software on your 3Node(s) and share IT Capacity pursuant to this Agreement, and otherwise comply with all of your obligations under this Agreement and/or applicable laws;
  2. You represent and warrant that you are authorized to receive ThreeFold_Tokens (TFT) as a remuneration from Users for the usage of your IT Capacity on the ThreeFold_Grid as set forth in this Agreement;
  3. You have full power and authority to enter into this Agreement and comply with all terms hereof, and that doing so will not conflict with any obligation you may owe to any third party;
  4. You have the qualifications, skill, and ability to perform your obligations hereunder without the advice, control, or supervision of Company; and
  5. You will at all times comply with all applicable foreign, federal, state, and local laws, orders, rules, and regulations currently in effect or that may come into effect during the term of this Agreement, including but not limited to those regarding data privacy and protection.

8. TFT Minting (Token Creation ‘FARMING of capacity’) For TFGrid 3.x

8.1 General Principle

Farmers who connect 3Nodes on an ongoing basis to the ThreeFold_Grid by running the Software and making IT Capacity available to the Users, get rewarded by receiving ThreeFold tokens (TFTs) which are generated by the Software. TFTs are exclusively issued (created) by the TFChain for each active Capacity Pool which gets and remains connected to the ThreeFold_Grid. Such issuance of TFTs that results from connecting a 3Node to the ThreeFold_Grid and making IT Capacity available on a global scale to Users is called "Farming".

8.2 Calculation of Farmed TFTs

The details of farming (minting of TFT’s) are described on our farming logic and this location serves as master for the TFT Reward Process. The wiki is version controlled (on github), so all changes can be followed.All connected IT Capacity gets registered on the TFChain, i.e. ThreeFolds blockchain software. Each month the TFChain issues new TFTs and transfers them to Farmers in respect of each 3Node that remained connected to the ThreeFold_Grid during the preceding month, using the following calculation in respect of each 3Node:

The amount of TFTs that are Farmed hence depends on three variables:

1. Proof-of-Capacity

The specs of the Farmer’s relevant 3Node:

  • Compute Capacity (CPU) = CRU
  • Memory Capacity (RAM) = MRU
  • Storage Capacity (SSD/HDD) = SRU/HRU

2. PRICE OF TFT = THREEFOLD TOKEN

The Price of TFT is registered at point of connection or an averaged out period.

Each farmer needs to register their TFT farming account in the TF Explorer through the TF Chain (see manual).

3. Certification

When connecting reliable hardware the Farmer can request a certification from TF Tech NV which leads to increased earnings in TFT for such ‘Certified Farmers’. We automatically measure uptime, bandwidth and the utilization of the node for this certification. The details of this certification have to be further defined and will be set out on our wiki.

The specific way how farming rewards are calculated is specified on:

8.3 Uptime

In addition thereto, the Company will determine in its sole discretion the reasonable uptime that each 3Node of the Farmer needs to to achieve when they register their 3Node(s) in the TFChain. ThreeFold expects most 3Nodes to achieve an uptime of more than 98%, commercial providers can go as high as 99.9%. The TFChain will only issue TFTs if the IT Capacity was connected to the internet and was usable during the last month at least up to the specified uptime guarantee.

8.4 Taxes

You will be solely responsible for payment of all applicable taxes (if any) associated with your Farming of ThreeFold tokens (TFTA, TFT), including but not limited to value added taxes, taxes on gross receipts and income, Social Security taxes, business license fees and other payment obligations applicable to your business.

8.5 Modification

The Company reserves the right to modify the terms of this section 8 (‘Capacity Measurement and Minting - ‘Farming’) at any time. Such amendments will be subject to the approval of the majority of the Farmers (whereby majority is measured based on nr of 3Nodes a Farmer has, each 3Node entitles the Farmer to one vote, Farmers who do not vote have no say in the decision process) who participate in an online poll organized by the Company or the DAO.

In case of modification to these terms, the Company or DAO shall inform the Farmer at least one month in advance. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.

The TFChain and TFGrid capabilities & specifications can change over time after getting consensus from the DAO . The specific requirements and workings of the DAO are or will be publised on our wikisystem: https://library.threefold.me.

If the DAO (by means of X nr of members of the Community) agree on a change of the protocol used or specifications for the Software or TFGrid then the Validators can allow and execute an upgrade of the system (TFChain as well as ZERO-OS software). Farmers and Users accept changes introduced this way, they accept that any of above mentioned variables can be changed that way.

9. CAPACITY UTILIZATION (‘UTILIZATION’) FOR TFGRID 3.X

9.1 General Principles

Users (such as developers or other persons requiring IT Capacity) can use IT Capacity from the ThreeFold_Grid in exchange for ThreeFold_Tokens (TFTs), which creates a natural economic demand. We call this process of using IT Capacity on the ThreeFold_Grid "Utilization".

ThreeFold_Tokens (TFTs) are used to buy IT Capacity as delivered by the 3Nodes (by a process called Farming) on the ThreeFold_Grid. The capacity can be consulted by means of a tool called TF Explorer see http://explorer.grid.tf.

9.2 Utilization Mechanism

IT capacity is expressed in network, compute & storage units.

  • CU = Compute Units
  • SU = Storage Units
  • NU = Network Units

TF Explorer is the inventory of all IT capacity available for consumption on the ThreeFold_Grid. See http://explorer.grid.tf/

TFT received for people using capacity is disributed as follows:

PercentageDescriptionRemark
35%needs to be burnedresults in more TFT burned compared to generated once grid more mature.
10%to TF Foundationused to promote the manage the project.
5%to Staking Pool for TF Validatorsused to reward the people who run the TFChain 3.0 blockchain validators.
50%for solution providers & sales channelmanaged by ThreeFold DAO.

The single source of truth for Utilization specifications is available here.

9.4 Taxes

You (The Farmer) will be responsible for payment of all applicable taxes (if any) associated with your Utilization of ThreeFold_Tokens (i.e. sale of IT Capacity), including but not limited to value added taxes, sales taxes, custom taxes, and taxes on gross receipts and income.

The Farmer shall seek all necessary tax advice in order to comply with any applicable tax regulations when providing IT Capacity to Users on the ThreeFold_Grid. By way of example, the Farmer acknowledges that within the European Union, as from 1 January 2015, telecommunications, broadcasting and electronically supplied services are always taxed in the country of the customer (i.e. the tax residence of the User) – regardless of whether the User is a business or a consumer.

In view thereof, the Farmer will determine the applicable Farmer’s Compute Unit Price and Storage unit Price (as referred to in section 9.2 above) taking into account any aforementioned taxes that may apply. ThreeFold will not be held liable for the Farmer’s failure to comply with its legal obligations, including but not limited to its obligation to pay any applicable taxes, and the Farmer will indemnify and hold harmless the Company for claims against the Company from any tax authorities in respect of such non-compliance by the Farmer.

9.5 Modification

The Company reserves the right to modify the terms of this section 9 (‘CAPACITY UTILIZATION (‘UTILIZATION’)) at any time. Such amendments will be subject to the approval of the TFChain Validators who protect the TFChain (Substrate based chain on Level 1) through our DAO.

In case of modification to these terms, the Company or DAO shall inform the Farmers and Community at least one month in advance by means of forum or chat or other mechanism. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.

The TFChain and TFGrid capabilities & specifications can change over time after getting consensus from the DAO . The specific requirements and workings of the DAO are or will be publised on our wikisystem: https://library.threefold.me

If the DAO (by means of X nr of members of the Community or Validators) agree on a change of the protocol used or specifications for the Software or TFGrid then the Validators can allow and execute an upgrade of the system (TFChain as well as ZERO-OS software). Farmers and Users accept changes introduced this way, they accept that any of above mentioned variables can be changed that way.

9.6 Breach

In addition to its other rights and remedies under this Agreement, the Farmer forfeit any right to compensation under this Agreement if Farmer breaches any terms thereof.

10. TERM AND TERMINATION

This Agreement shall be effective as of the date that you take the earliest of the following actions: your acceptance of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions: downloading, installing, running and/or using the Software. It will continue until terminated per the terms below.

Either party may terminate this Agreement immediately at any time without notice to the other party.

In case of termination, the Farmer shall immediately cease using the Software. Any portion of Farmed or Cultivated ThreeFold_Tokens that have not been transferred to the Farmer’s wallet on the date of termination will be irrevocably forfeited.

11. INTELLECTUAL PROPERTY

No rights are granted to the Farmer hereunder other than as expressly set forth in this Agreement. Except for Software subject to the Open Source Licenses, and except for any rights expressly granted under this Agreement, Company and its licensors own and shall retain all right, title, and interest in and to the ThreeFold_Grid and all related software (including any improvements, enhancements, customizations, and modifications thereto), the Documentation, and the Related Data, including, without limitation, all related intellectual property rights therein. For purposes hereof, the term "Related Data" means data derived from operation of the 3Node and of the ThreeFold_Grid via the 3Node, and any data that is aggregated by Company (including aggregations with data sourced from other Farmers and other third party data sources), and data and information regarding the Farmer’s access to and participation in the ThreeFold_Grid, including, without limitation, statistical usage data derived from the operation of the 3Node and ThreeFold_Grid and configurations, log data and the performance results related thereto. For the avoidance of doubt, nothing herein shall be construed as prohibiting Company from utilizing Related Data to optimize and improve the ThreeFold_Grid or otherwise operate Company’s business; provided that if Company provides Related Data to third parties, such Related Data shall be de-identified and presented in the aggregate so that it will not disclose the identity of Farmers to any third party.

The ThreeFold_Grid may include access to various confidential and proprietary third party data that is utilized along with the IT Capacity, and all such data is owned by the applicable third party source or vendor. Farmer may only use such data as part of the ThreeFold_Grid and may not extract or otherwise utilize any such data except as included in and in connection with the ThreeFold_Grid. This data may be compiled from third party sources, including but not limited to, public records, user submissions, and other commercially available data sources. These sources may not be accurate or complete, or up-to-date and is subject to ongoing and continual change without notice. Neither Company nor its third party data sources make any representations or warranties regarding the data and assume no responsibility for the accuracy, completeness, or currency of the data.

Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Software and/or the ThreeFold_Grid any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Farmers relating to the features, functionality, or operation thereof ("Feedback"). Company shall have no obligation to use Feedback, and Farmer shall have no obligation to provide Feedback.

12. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company 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 (the "Indemnified Parties") from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the Software; (ii) your participation in the ThreeFold_Grid; (iii) any Feedback you provide; or (iv) your breach of this Agreement.

Company reserves the right to exercise sole control over the defense of any claim subject to indemnification under the paragraph above, at your expense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

If the Software becomes, or in Company’s reasonable judgment is likely to become, the subject of a claim of infringement, then Company may in its sole discretion: (a) obtain the right, for Farmer to continue using the Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Software so that it is no longer infringing. If Company, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then Company may, without liability, suspend or terminate Farmer’s use of the Software. This Section 12 states Company’s sole liability and Farmer’s exclusive remedy for infringement claims.

13. DISCLAIMER AND LIMITATION OF LIABILITY

The Farmer hereby acknowledges the fact that he/she has been advised that TFTs may qualify as a security and that the offers and sales of TFTs have not been registered under any country’s securities laws and, therefore, cannot be resold except in compliance with the applicable country’s laws.

The Farmer understands that the use of TFTs, the Software and/or the ThreeFold_Grid involves risks, all of which the Farmer fully and completely assumes, including, but not limited to, the risk that (i) the technology associated with the ThreeFold_Grid, 3Node and/or related Threefold products will not function as intended; (ii) the Threefold project will not be completed; (iii) Threefold will fail to attract sufficient interest from key stakeholders; and (iv) ThreeFold or any related parties may be subject to investigation and punitive actions from governmental authorities.

Except as explicitly set forth herein, Company makes no representations that the Software is appropriate for use in any jurisdictions. Farmers engaging with the ThreeFold_Grid from any jurisdictions do so at their own risk and are responsible for compliance with local laws.

The Farmer understands and expressly accepts that the TFTs, the Software and the ThreeFold_Grid were created and delivered to the Farmer at the sole risk of the Farmer on an "AS IS" and “UNDER DEVELOPMENT” basis.

COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SOFTWARE, THREEFOLD GRID, OR DOCUMENTATION WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, VIRUS FREE, OR FREE OF MALICIOUS CODE OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR ADOPT ANY CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT STORED ON THE THREEFOLD GRID. COMPANY HAS NO OBLIGATION TO SCREEN, MONITOR, OR EDIT CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER.

The Undersigned understands and expressly acknowledges that it has not relied on any representations or warranties made by the Company, TF Tech NV, Bettertoken NV, Kristof De Spiegeleer, any person or entity involved in the development or promotion of the Software and/or the ThreeFold project, or any related parties, including, but not limited to, conversations of any kind, whether through oral or electronic communication or otherwise, or any whitepapers or other documentation.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FARMER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE SOFTWARE, THE THREEFOLD GRID AND/OR THE THREEFOLD TOKENS AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THREEFOLD, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE THEREOF.

COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, OR DATA USE, OR DAMAGE TO BUSINESS) HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN PREVIOUSLY ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE, AND COMPANY SHALL ONLY BE LIABLE FOR DIRECT DAMAGES CAUSED BY ITS GROSS NEGLIGENCE. IN NO EVENT WILL COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE HUNDRED EURO (€ 100.00).

14. EXPORT COMPLIANCE

The Software may be subject to export laws and regulations of the European Union, the United States and other jurisdictions. Farmer represents that it is not named on any E.U. or U.S. government denied-party list. Farmer shall not access or use the Software or the ThreeFold_Grid in a E.U. or U.S.-embargoed or any sanctioned country or region or in violation of any E.U. or U.S. export law or regulation. Farmer shall not use the ThreeFold_Grid to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the E.U. or U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the European Union, any EU country or the U.S. Government and any country or organization of nations within whose jurisdiction Farmer operates or does business.

15. ENTIRE AGREEMENT,SEVERABILITY, WAIVER

  1. This Agreement sets forth the complete and final agreement of the parties concerning the subject matter hereof, and supersedes, replaces all prior agreements, written and oral, between them concerning the subject matter hereof. If a term of this Agreement to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A party’s consent to, or waiver of, enforcement of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.
  2. We reserve the right to change this Agreement from time to time in our sole discretion. If we make material changes to this Agreement, we will provide notice of such changes, such as by posting the revised Farmer Terms and Conditions to the Software and on our Websites. By continuing to access or use the Software or otherwise participate in the ThreeFold_Grid after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of this Agreement. If you do not agree to the modified Agreement, you must stop interacting with the ThreeFold_Grid and disconnect all your 3Node.
  3. The parties are independent contractors. No agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. Neither party has the power or authority to create or assume any obligation, or make any representations or warranties, on behalf of the other party.
  4. The Farmer agrees that the Company may transfer and assign the Agreement in its sole discretion, provided a notice of such assignment is sent to the Farmer within fifteen days of such assignment.
  5. Notices to Company made under this Agreement shall be made by email to legal@threefold.io AND in writing and delivered by registered mail (return receipt requested) or nationally-recognized overnight courier service to ThreeFold_Dubai, with registered office at BA1120 DMCC BUSINESS CENTRE, LEVEL NO 1, JEWELLERY & GEMPLEX 3, DUBAI, UNITED EMIRATES ARAB, attention Legal Department. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Software and/or the ThreeFold_Grid ("Communications"). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on our websites. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. GOVERNING LAW AND VENUE

This Agreement will be governed by Luxembourg law. Any disputes shall be subject to the jurisdiction of the courts of Luxembourg, Grand Duchy of Luxembourg.

APPENDIX

SINGLE SOURCE OF TRUTH

Our single source of truth for our legal docs is stored on Github: https://github.com/threefoldfoundation/info_legal/tree/master/

You can see the history of each file on github, useful to see the right version of the file in relation to the date when you signed a document or contract which linked into one of the above documents.

Last change: 2024-10-02