chore(tou): update Terms of Use document to version 9 (#16931)

Fixes #16930
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Last updated: 14 August 2024
Last updated: 10 December 2024
### 1. Introduction
 
#### 1.1 Who we are
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#### 1.2 About these terms
These terms are a contract between you and Status and apply to your use of Status Software. The term “Status Software” as used herein means a software developed by Status and is composed of a secure messaging tool, a crypto wallet, and a Web 3 browser integrated together.
These terms are a contract between you and Status and apply to your use of Status Software. The term “Status Software” as used herein means a software developed by Status and is composed of a secure messaging tool and a crypto wallet integrated together.
Please read these terms carefully before using Status Software. By installing or using Status Software on any device, you agree to these terms. If you do not agree, you should not install or use Status Software.
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At Status, we strive to develop open source software that can serve as a secure communication tool that helps to uphold human rights. Status Software is specifically designed to facilitate the free flow of information, protect the right to private, secure communications and promote the sovereignty of individuals.
Status Software is composed of a secure messaging tool, a crypto wallet, and a Web 3 browser integrated together. The software developed by Status in this regard is simply called “Status Software” and you can find more details about its development on Status GitHub page.
Status Software is composed of a secure messaging tool and a crypto wallet integrated together. The software developed by Status in this regard is simply called “Status Software” and you can find more details about its development on Status GitHub page.
Status Software is open source client software that is designed to be user-friendly and can be installed or run in a web browser on your local desktop or mobile device. You can use Status Software to interact with and participate in Web 3 protocols, applications and peer to peer networks (referred to in these terms collectively, as “Web 3”). Please note that Status Software is not a blockchain protocol, or a blockchain network, a platform or a web-based platform.
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#### 2.1.2 Messaging
Status Software includes messaging functionality that enables secure communication between users. We will refer to the messaging functionality of Status Software and the Status Community Spaces collectively in these terms, as “Messaging”.
Status Software includes messaging functionality that enables secure communication between users. We will refer to the messaging functionality of Status Software and the Community Spaces collectively in these terms, as “Messaging”.
Messaging uses an open source, peer-to-peer protocol with end-to-end encryption and metadata suppression to protect your messages from third parties (including Status). End-to-end encryption means that only the sender and recipient of a message can read its contents, and no one else. Peer-to-peer communication is accomplished using the Waku peer-to-peer messaging protocol, which relies on a distributed network of nodes instead of a centralised server. This means that there is no central party or server from which messages can be intercepted, modified or blocked. Learn more about Waku and how it works on Wakus relevant website.
Within Messaging, you will also be able to participate in Status Community Spaces. This feature allows users to create their own token-gated communities where you can create group chats and engage with your communities, while leveraging the possibilities, functionality and benefits of blockchain technology. You will also be able to create (and join) open and public communities on Status Software that are accessible to other users. We note that content in these open and public communities will be accessible to all other users of Status Software. Nonetheless, all content will still be protected by the same end-to-end encryption utilised in Status Software.
Within Messaging, you will also be able to participate in Community Spaces. This feature allows users to create their own token-gated communities where you can create group chats and engage with your communities, while leveraging the possibilities, functionality and benefits of blockchain technology. You will also be able to create (and join) open and public communities on Status Software that are accessible to other users. We note that content in these open and public communities will be accessible to all other users of Status Software. Nonetheless, all content will still be protected by the same end-to-end encryption utilised in Status Software.
#### 2.1.2 Web 3 browser
Status Software also includes a Web 3 browser through which you may access and interact with Web 3, exchanges, marketplaces, games and more. We will refer to the Web 3 browser in these terms as the “Web 3 Browser”.
 
### 3. Privacy
Status uses an open source, peer-to-peer protocol with end-to-end encryption and metadata suppression, which by design, means that Status (and any third party) is unable to and does not collect, store, own, control or have any visibility or means of access to your identity, Wallet, browsing information, any user private keys, Digital Assets, messages, content, history of interactions, user accounts or any other user information.
Therefore, Status does not (and cannot) monetise any users data or content, such as messages or browser information and Status does not have any interest in doing so.
Status however processes a limited amount of user data to ensure the technical operation of the Status Software, enhance its functionality, and improve the user experience. For more details on this limited process of user data, please refer to our Privacy Policy.
Status processes a limited amount of user data to ensure the technical operation of the Status Software, enhance its functionality, and improve the user experience. For more details on this limited process of user data, please refer to our Privacy Policy.
If you use third party services offered through Status Software, your privacy may not be protected and you will be subject to the privacy terms and conditions of such third parties. Please refer to our full terms regarding third party services below.
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When using Status Software, you may access or use third party products, services or tools (“Third Party Services”) and interact with Web 3. Status Software is only one means of interacting with these Third Party Services and Web 3 and you can independently utilise other means and tools to do so as well.
Your interactions with Web 3 could include many aspects, such as interacting with smart contracts that reside on blockchain networks, for example to swap Digital Assets or use (crypto) bridges, or deploying your own smart contracts through Status Community Spaces. You may also interact with and participate in peer-to-peer networks which could vary in their level of decentralisation, ranging from more centralised networks controlled by a single party to networks governed by decentralised communities.
Your interactions with Web 3 could include many aspects, such as interacting with smart contracts that reside on blockchain networks, for example to swap Digital Assets or use (crypto) bridges, or deploying your own smart contracts through Community Spaces. You may also interact with and participate in peer-to-peer networks which could vary in their level of decentralisation, ranging from more centralised networks controlled by a single party to networks governed by decentralised communities.
When you use Third Party Services or interact with Web 3, you acknowledge that Status does not control or operate any Third Party Service or Web 3. These products, services, or tools are either controlled, operated, owned, or licensed by the third party providing them, or they may operate autonomously, independently of Status or any other party.
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### 7. Content
At Status, we believe in the sovereignty of individuals and we stand for the cause of personal liberty. We aim to promote social, political, and economic freedoms through Status Software, which is built on the principles of the free flow of information and censorship resistance. Through Status Software, particularly when using Messenger and Status Community Spaces, you will be able to create and interact with various content. We consider content to include anything you (or any other user) create, post, distribute or exchange through Status Software (as well as any future functions that may be added to Status Software), whether its text, links, GIFs, emoji, photos or any other media formats.
At Status, we believe in the sovereignty of individuals and we stand for the cause of personal liberty. We aim to promote social, political, and economic freedoms through Status Software, which is built on the principles of the free flow of information and censorship resistance. Through Status Software, particularly when using Messenger and Community Spaces, you will be able to create and interact with various content. We consider content to include anything you (or any other user) create, post, distribute or exchange through Status Software (as well as any future functions that may be added to Status Software), whether its text, links, GIFs, emoji, photos or any other media formats.
#### 7.1 User Responsibility for Content
You are solely responsible for any content that you create, post, distribute or submit, messages you exchange or any other activity you may engage in related to your content on or through Status Software and any harm or liability that may result from such content.
You represent and warrant in respect of such content that:
1. your creation, posting, distribution or submission of content does not infringe on any intellectual property or other proprietary rights of any third party; and
2. you are the creator and owner or that you have the necessary permissions to create, post, distribute or submit such content through Status Software.
1. your creation, posting, distribution or submission of content does not infringe on any intellectual property or other proprietary rights of any third party;
2. you are the creator and owner or that you have the necessary permissions to create, post, distribute or submit such content through Status Software; and
3. your actions and content comply with all applicable laws and do not violate the rights of any individual or entity.
You acknowledge that Status has no means of monitoring, moderating, removing, modifying or regulating users content or activity. Status is further unable to and is not responsible for verifying the accuracy or reliability of such content or activity. While you use Status Software, you may view content that:
1. could be offensive, indecent, or otherwise objectionable;
2. contains technical inaccuracies, typographical mistakes, and other errors; or
3. could violate others rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
#### 7.2 Status Softwares privacy-first design
Messaging uses an open source, peer-to-peer protocol with end-to-end encryption and metadata suppression to protect your messages from third parties (including Status). As a result of this privacy-first design:
Status does not store nor have access to user data, messages, or content;
Status cannot associate content or actions with individual users. However, users may choose to disclose certain limited information to Status voluntarily, such as when opting in to share usage analytics. This data, shared only through explicit consent of the user, is processed in accordance with our Privacy Policy;
Status cannot block or ban users from using Status Software features;
Status has no means of monitoring, moderating, removing, modifying or regulating users content or activity, except in a Community Space created and directly managed by Status;
Status is further unable to and is not responsible for verifying the accuracy or reliability of such content or activity. While you use Status Software, you may view content that:
could be offensive, indecent, or otherwise objectionable;
contains technical inaccuracies, typographical mistakes, and other errors; or
could violate others rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
 
### 8. Acceptable use of Status software
### 8. Acceptable use of Status Software
#### 8.1 Adherence to Status Principles
One of Status goals is the widespread adoption of the decentralised web while also staying true to our Principles. These terms are designed to reflect our Principles, while providing important legal protections for Status and setting out guidelines and terms for the Status Software community of users. We ask that you use Status Software in a way that promotes and aligns with the Status Principles.
One of Status goals is the widespread adoption of the decentralised web while also staying true to our Principles. These terms are designed to reflect our Principles, while providing important legal protections for Status and helping to encourage positive behaviour within the Status Software community and discourage harmful behaviours.
While using Status Software, we ask that you use Status Software in a way that aligns with the Status Principles, and avoid actions that may harm others or disrupt the community of users.
 
#### 8.2 Limitation on certain uses of and acts in Status Software
You shall not, nor try to, encourage or assist others using Status Software to:
1. gain or try to gain unauthorised access to Status Software;
2. interfere with or disrupt the integrity, safety, security, availability or performance of Status Software;
3. generate accounts on Status Software through unauthorised means;
4. install or transmit on or through Status Software, any viruses, worms, malware, Trojan horses, or other harmful or destructive code or content;
5. use spam, data mining, or other unsolicited promotional methods, machine generated content, or unethical or unwanted commercial content;
6. engage in phishing, spoofing, or similar fraudulent acts;
7. knowingly spread misinformation or impersonate another person or legal entity;
8. incite, commit or threaten, harm or engage in illegal or inappropriate conduct including stalking, bullying, harassment, intimidation or abuse another individual or group;
9. engage in or organise child sexual exploitation of any kind;
10. use Status Software, if you are subject to sanctions, or otherwise designated on a list of prohibited or restricted parties as maintained by, the United Nations, the European Union or any of its member states or the Singaporean, Swiss or US government, or intend to interact or transact with such parties;
11. violate, misappropriate or infringe the rights of Status, other users of Status Software, or any other third parties in any way, including but not limited to privacy, publicity, intellectual property, confidentiality, property or other rights;
12. engage in any activity through Status Software that may be in violation of applicable law, rules or regulations in your jurisdiction;
13. interfere, disrupt, negatively affect, or inhibit other users from their use of Status Software; or
14. engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract in connection with use of Status Software.
 
1. Gain or try to gain unauthorised access to Status Software;
2. Interfere with or disrupt the integrity, safety, security, availability or performance of Status Software;
3. Generate accounts on Status Software through unauthorised means;
4. Install or transmit on or through Status Software, any viruses, worms, malware, Trojan horses, or other harmful or destructive code or content;
5. Refrain from engaging in phishing, spoofing, or similar fraudulent acts;
6. Do not incite, commit or threaten, harm or engage in illegal or inappropriate conduct including stalking, bullying, harassment, intimidation or abuse another individual or group;
7. Do not engage in or facilitate any form of abuse, exploitation, harm, or mistreatment toward any individual or group;
8. Use Status Software, if you are subject to sanctions, or otherwise designated on a list of prohibited or restricted parties as maintained by, the United Nations, the European Union or any of its member states or the Singaporean, Swiss or US government, or intend to interact or transact with such parties;
9. Violate, misappropriate or infringe the rights of Status, other users of Status Software, or any other third parties in any way, including but not limited to privacy, publicity, intellectual property, confidentiality, property or other rights;
10. Engage in any activity through Status Software that may be in violation of applicable law, rules or regulations in your jurisdiction;
11. Interfere, disrupt, negatively affect, or inhibit other users from their use of Status Software; or
12. Engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract in connection with use of Status Software.
#### 8.3 Community Governance
Community Spaces are self-sovereign environments managed independently by their creators and appointed admins. These users are solely responsible for:
establishing and enforcing their own community guidelines;
configuring access controls and permissions;
managing community membership, including accepting or rejecting requests;
moderating content and interactions within their community; and
taking actions against community members who violate their community guidelines or behave disruptively, including the ability to kick or ban members.
By participating in Community Spaces, you acknowledge that community governance lies solely with community creators and their appointed admins. Status cannot monitor, moderate or intervene in community interactions, or governance decisions within any Community Space, except in a Community Space created and directly managed by Status.
### 9. Fees