fix: update Privacy and Terms of Use documents
to the latest official versions, as of 2023-09-22 Fixes #12279
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@ -24,7 +24,7 @@ Under the relevant data protection legislation, we would be under certain obliga
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However, since we do not collect or process any of your personal data when you use Status Software, we have decided to inform you of the following instead:
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- **Ethereum is a public blockchain**
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- **Ethereum is a public blockchain:**
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Ethereum is the community-run technology powering the cryptocurrency ether (ETH) and thousands of decentralized applications (DApps). Status Software provides a mobile portal and streamlined access to Ethereum’s growing ecosystem of decentralized applications.
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The Ethereum public network is accessible to anyone in the world with an internet connection. Anyone can read or create transactions on a public blockchain and validate the transactions being executed. Therefore, information you share on the Ethereum blockchain is public, whether or not you use Status Software.
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@ -33,22 +33,22 @@ You will also be able to create (and join) open and public communities on Status
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Ethereum Name Service (ENS) allows Ethereum addresses to be replaced by custom text-based names. Anyone can register a stateofus.eth username by staking the required Status Network Tokens (SNT) from within the profile tab on Status Software. When you register an ENS name with a given wallet address, that address becomes associated with the username, reducing the privacy of that account.
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- **Offering secure, private messaging**
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- **Offering secure, private messaging:**
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When generating an account, a randomisation process is started on your own device that generates a key pair. Status does not have visibility of or access to your private keys. You will then be given display name options to choose from (derived from this key pair). Your display name will only be shared if you choose to share it by chatting with Status or other users.
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Within Status Software, you can create a list of trusted contacts based on the chat keys you choose to trust. Your trusted contacts are also stored locally on your own device. This means Status has no access to your contact list and does not collect or process any personal data in this respect.
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Within Status Software, you can create a list of trusted contacts based on the chat keys you choose to trust. Your trusted contacts are also stored locally on your own device. This means that Status has no access to your contact list and does not collect or process any personal data in this respect.
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On Status Software, you can exchange messages with other users, including photos and audio messages. Only the recipient of a message can decrypt the message by opening it on their own device. This means that Status can never access any user messages in private chats.
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Messaging on Status Software 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. This protocol, known as Waku, relies on a distributed network of nodes instead of a centralised server which 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 Waku’s website.
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- **A quick bite on cookies**
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We do not set any cookies for the use of Status Software. However, the Web 3.0 browser embedded within Status Software technically supports the use of cookies set by websites you might choose to visit through the Web 3.0 browser.
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- **A quick bite on cookies:**
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We do not set any cookies for the use of Status Software. However, the Web 3.0 browser embedded within Status Software technically supports the use of cookies set by third party websites. Status is not responsible for nor is it able to influence whether such cookies are set by such third party websites and you should consult the relevant privacy policies of such third party websites.
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### Changes to Status Privacy Statement
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It is unlikely that this Privacy Statement will change because we do not intend to collect or process your personal data, ever. That said, we reserve the right to modify or replace any part of this Privacy Statement at any time and in our sole discretion.
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If you have any questions about the Status Software Privacy Statement, please contact us at legal@status.im or through the means of communication indicated on the Status website.
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If you have any questions about the Status Software Privacy Statement, please contact us at legal@status.im or through the appropriate means of communication indicated on Status’ website.
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This document is CC-BY-SA.
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@ -6,7 +6,7 @@ Last updated: 2023-09-22
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Status is developing a set of open source projects that use peer-to-peer technologies to help people transact securely, communicate freely, and organise with confidence. Anyone participating in these projects helps to build technology and tools that empowers people to advance their own sovereign communities.
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Whenever “Status” or “we” or “us” or any similar variation, are used in these terms, we are referring to Status Research & Development GmbH, a Swiss company with its registered office at Baarerstrasse 10, Zug, Switzerland, and includes its “representatives”, which means Status’ affiliates, directors, officers, employees, agents and any other representatives of Status. For the purposes of these terms, “representatives” also includes Status core contributors without prejudice to the other legal categories mentioned.
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Whenever “Status” or “we” or “us” or any similar variation, are used in these terms of use (referred to as, just “terms”), we are referring to Status Research & Development GmbH, a Swiss company with its registered office at Baarerstrasse 10, Zug, Switzerland, and includes its “representatives”, which means Status’ affiliates, directors, officers, employees, agents and any other representatives of Status. For the purposes of these terms, “representatives” also includes Status core contributors without prejudice to the other legal categories mentioned.
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Status does not provide any services, such as financial services, to users of Status Software or any third party. Status is not an intermediary, agent, advisor, or custodian, and does not owe you any fiduciary duty.
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@ -18,7 +18,7 @@ Please read these terms carefully before using Status Software. By installing or
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We would like to draw your attention to certain parts of these terms which are summarised here for your convenience and we ask that you refer to the corresponding provisions below:
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- You are solely responsible for the use of Status Software:
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- You are solely responsible for the use of Status Software
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You are ultimately solely responsible for the use of Status Software. Throughout these terms, we have indicated where you are solely responsible in relation to your use of Status Software, for example, your use of the Wallet, securing your seed phrase and private keys (including backups) and the content you may create and submit through Status Software.
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- Third party services and Web 3
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@ -34,7 +34,7 @@ The use of Status Software is not without risk. You should understand the risks
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You provide Status a broad indemnity from and against any and all claims, damages and expenses, including attorneys’ fees, arising from or related to your use of Status Software.
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- Release and limitation of liability
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You not only release Status’ liability on a number of items, but also agree that Status’ aggregate liability is limited to EUR 100 (one hundred Euros) or to the extent permitted by law.
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You not only release Status’ liability on a number of items, but also agree that Status’ aggregate liability is limited to EUR 100 (one hundred Euros) or to the maximum extent permitted by law.
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- Arbitration
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If a dispute arises between you and Status, we will seek to first solve it amicably with you before proceeding to the use of an arbitration administered by the Swiss Chambers’ Arbitration Institution.
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@ -70,7 +70,7 @@ In order to further enhance the security of storing your private keys, you may a
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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”.
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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 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 Waku’s relevant website.
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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 Waku’s relevant website.
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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.
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@ -83,9 +83,9 @@ Status Software also includes a Web 3 browser through which you may access and i
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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, transactions, user accounts or any other user information.
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Therefore, Status does not monetise any users’ data or content, such as messages or browser information and Status does have any interest in doing so.
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Therefore, Status does not (and cannot) monetise any users’ data or content, such as messages or browser information and Status does have any interest in doing so.
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When generating an account on Status Software, you will have the option to utilise your phone number and certain social media handles such as your Twitter account, to generate an account. While this information is not shared with Status and Status has no access to it, third party service providers may receive it to authenticate your ownership of such accounts. Using your phone number or social media handle, such as X (formerly known as Twitter), will allow you to find your contacts who are also using Status Software and it will help your contacts to find you. This will allow them to discover and potentially interact with you, if you accept their request to connect, so that you can start building up your network of contacts on Status Software. Please note that this is not required for you to access or utilise Status Software, and you can always choose to generate an account anonymously without utilising your phone number or social media handle.
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When generating an account on Status Software, you will have the option to utilise your phone number and certain social media handles such as your Twitter account, to generate an account. While this information is not shared with Status and Status has no access to it, third party service providers may receive it to authenticate your ownership of such accounts. Using your phone number or social media handle, such as on X (formerly known as Twitter), will allow you to find your contacts who are also using Status Software and it will help your contacts to find you. This will allow them to discover and potentially interact with you, if you accept their request to connect, so that you can start building up your network of contacts on Status Software. Please note that this is not required for you to access or utilise Status Software, and you can always choose to generate an account anonymously without utilising your phone number or social media handle.
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In addition, you may opt in to submit certain technical information (also referred to as telemetry) to assist Status with the development of the Status Software, particularly to measure message reliability and bandwidth usage. In any event this technical information is anonymised by Status Software and also protected by end-to-end encryption. We note that even anonymised data can be vulnerable to being potentially compromised, such as by correlation attacks. You should opt in to submit this technical information only if you are willing to accept these risks.
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@ -113,7 +113,7 @@ You are solely responsible for your use of Third Party Services and your interac
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In principle, Status does not provide any advice, recommendation, support or endorse Third Party Services you may use or any aspect of Web 3 that you may interact with through Status Software. Their integration or availability through Status Software does not imply any support or endorsement by Status. Status may also receive a fee from certain third parties who provide the Third Party Services.
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Please also note that Status participates in the development of open source projects that utilise peer-to-peer technologies, which you can find more details about on Status’ GitHub page.
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Please also note that Status participates in the development of other open source projects that utilise peer-to-peer technologies, which you can find more details about on Status’ GitHub page.
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### 5. Nodes
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@ -138,10 +138,10 @@ You represent and warrant in respect of such content that:
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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
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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.
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Please note that Status has no means of monitoring, moderating, removing, modifying or regulating users’ content or activity. Status has no ability to verify the accuracy or reliability of such content or activity and is not responsible for it. While you use Status Software, you may view content that:
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1. may be offensive, indecent, or otherwise objectionable;
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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:
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1. could be offensive, indecent, or otherwise objectionable;
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2. contains technical inaccuracies, typographical mistakes, and other errors; or
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3. may violate others’ rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
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3. could violate others’ rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.
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### 8. Acceptable use of Status software
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@ -160,9 +160,9 @@ You shall not, nor try to, encourage or assist others using Status Software to:
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5. use spam, data mining, or other unsolicited promotional methods, machine generated content, or unethical or unwanted commercial content;
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6. engage in phishing, spoofing, or similar fraudulent acts;
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7. knowingly spread misinformation or impersonate another person or legal entity;
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8. incite to, commit or threaten, harm or engage in illegal or inappropriate conduct including stalking, bullying, harassment, intimidation or abuse another individual or group;
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8. incite, commit or threaten, harm or engage in illegal or inappropriate conduct including stalking, bullying, harassment, intimidation or abuse another individual or group;
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9. engage in or organise child sexual exploitation of any kind;
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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;
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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;
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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;
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12. engage in any activity through Status Software that may be in violation of applicable law, rules or regulations in your jurisdiction;
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13. interfere, disrupt, negatively affect, or inhibit other users from their use of Status Software; or
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@ -209,7 +209,7 @@ You acknowledge that there are inherent risks related to Web 3, arising from its
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The technology underlying Web 3 is also novel and experimental, as for the most part, it is based on still unproven, emerging and complex technologies, such as blockchain networks, that are developed or operated by third parties and distributed across a series of unaffiliated nodes across the world. As such, these changes and development in this technology may adversely affect your use of Web 3 and even Status Software. It is your sole responsibility to monitor such changes and the potential impact on your use of Web 3 and Status Software.
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Given the novel and experimental nature of Web 3, the laws, rules and regulations, or their interpretation, may change and develop in a manner which could adversely affect your ability to interact with any aspect of Web 3, including deploying smart contracts, as well as creating, using, distributing or purchasing Digital Assets. These rules and regulations vary significantly in maturity across jurisdictions, but are for the most part, still in the early stages of development and may rapidly evolve and as such, their potential impact is subject to significant uncertainty. This could result in adverse consequences to you that may include criminal or civil penalties, including fines. It is your sole responsibility to ensure that you comply with all applicable laws, rules and regulations, including crypto laws, financial laws, securities laws and anti-money laundering regulations.
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Given the novel and experimental nature of Web 3, the laws, rules and regulations, or their interpretation, may change and develop in a manner which could adversely affect your ability to interact with any aspect of Web 3, including deploying smart contracts, as well as creating, using, distributing or purchasing Digital Assets. These rules and regulations vary significantly in maturity across jurisdictions, but are for the most part, still in the early stages of development and may rapidly evolve and as such, their potential impact is subject to significant uncertainty. This could result in adverse consequences to you that may include criminal or civil penalties, including fines. It is your sole responsibility to ensure that you comply with all applicable laws, rules and regulations, including but not limited to, cryptocurrencies, financial markets, securities and anti-money laundering.
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Web 3 is also decentralised to varying degrees and this may lead to a lack of predictability, accountability, or control over Web 3. There is no guarantee that the protocols and networks will function as expected. Changes may occur suddenly, like forks, which may affect Status Software and your experience of using Status Software. Status may decide not to support a forked network in its sole discretion.
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@ -219,7 +219,7 @@ With Status Software, you can interact with and transact in Digital Assets and t
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#### 11.4 Potential legal, regulatory and tax implications
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You acknowledge that there might be legal and regulatory implications applicable to you when using Status Software and interacting with Web 3 and that may also adversely impact your use of Status Software.
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You acknowledge that there may be legal and regulatory implications applicable to you while using Status Software and interacting with Web 3 and that may also adversely impact your use of Status Software.
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You are solely responsible for evaluating the legal and regulatory implications and taking appropriate actions, which could include obtaining any necessary licences, permits or approvals. Additionally, you are solely responsible for any tax implications, such as the payment of any taxes, resulting from your activities conducted through Status Software, including any transactions in Digital Assets.
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4. any loss of value (in part or full) of your Digital Assets held in your Wallet;
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5. the failure of your hardware, software, or Internet connection;
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6. unauthorised access to your account, or your data on or through the Status Software, including any loss of data (such as your wallet address, private key and seed phrase);
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7. technical or operational errors in or related to Status Software, including underlying code or its functionalities, as well as the code of smart contracts you might deploy;
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7. technical or operational errors in or related to Status Software, including underlying code or its functionalities, as well as the code of smart contracts you may deploy;
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8. any modification, suspension or discontinuance of Status Software or any feature or functionality of Status Software;
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9. your use of any Third Party Service or aspect of Web 3, including smart contracts and Digital Assets, as well as your interaction with such Third Party Service or Web 3;
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10. your content or other users’ content;
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@ -263,7 +263,7 @@ In any event, Status’ aggregate liability for any claims is limited to EUR 100
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You shall indemnify and hold harmless Status from and against any and all claims, damages and expenses, including attorneys’ fees, arising from or related to your use of Status Software. This includes, but is not limited to:
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1. your breach or alleged breach of these terms;
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2. any content 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;
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3. your use of Status Software;
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3. your use, including any of your activities on or through, Status Software;
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4. your violation of any laws, rules or regulations;
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5. your harm to or violation of the rights of any third party, including any privacy, intellectual property, publicity, confidentiality, property or any other rights;
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6. your use of Third Party Services or any aspect of Web 3; or
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You acknowledge that Status Software is not intended for use or distribution in any jurisdiction where such use or distribution of software that is similar or identical to Status Software is prohibited or restricted in any way. Your use of Status Software does not and will not subject Status to such jurisdiction under any circumstance, particularly if there are any prohibitions or restrictions on the use of such software. Status reserves the right to limit the availability of Status Software in any jurisdiction.
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Status does not conduct any business activities (i.e. activities undertaken for the purpose of earning a profit) within the United States of America, District of Columbia, Puerto Rico, the U.S. Virgin Islands, and all other U.S. territories and possessions, as well as all Swiss Embargoed Countries.
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Status does not conduct any business activities (i.e. activities undertaken for the purpose of earning a profit) within the United States of America, District of Columbia, Puerto Rico, the U.S. Virgin Islands, and all other U.S. territories and possessions, as well as all Swiss embargoed countries.
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### 17. Materials provided are solely for informational purposes
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Status provides materials and other information through Status Software for informational purposes only and they may not always be entirely accurate, complete, or current and may also include inaccuracies or typographical errors. You are solely responsible for verifying their adequacy, completeness and accuracy and any reliance you place on such information is at your own risk, including any decisions or actions you might take in this respect. Status is not liable for any loss resulting from your action (or inaction) and decisions based on these materials or any other information.
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Status provides materials and other information through Status Software for informational purposes only and they may not always be entirely accurate, complete, or current and may also include inaccuracies or typographical errors. You are solely responsible for verifying their adequacy, completeness and accuracy and any reliance you place on such information is at your own risk, including any decisions or actions you may take in this respect. Status is not liable for any loss resulting from your action (or inaction) and decisions based on these materials or any other information.
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You should always conduct your own research and seek independent professional advice if necessary. The materials and other information that Status may provide through Status Software does not constitute financial, legal, tax, or other advice and should not be treated as such.
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Additionally, Status is not responsible for any information, content, or services contained on any third-party websites accessible or linked through the Status Software. By linking such third party websites, in principle, Status does not represent or imply that it endorses or supports such third party websites or content therein, or that it believes such third party websites and content therein to be accurate, useful or non-harmful. In principle, Status has no control over such third party websites and will not be liable for your use of or activities on any third party websites accessed through Status Software. If you access such third party websites through Status Software, it is at your own risk and you are solely responsible for your activities on such third party websites.
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Additionally, Status is not responsible for any information, content, or services contained on any third party websites accessible or linked through the Status Software. By linking such third party websites, Status does not represent or imply that it endorses or supports such third party websites or content therein, or that it believes such third party websites and content therein to be accurate, useful or non-harmful. Status has no control over such third party websites and will not be liable for your use of or activities on any third party websites accessed through Status Software. The terms and conditions, including privacy policies, of such third party websites govern your use of their websites.If you access such third party websites through Status Software, it is at your own risk and you are solely responsible for your activities on such third party websites.
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### 18. Governing law and dispute resolution
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#### 18.2 Dispute resolution
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In these terms, “dispute” has the broadest meaning enforceable by law and includes any claim you make against or controversy you may have in relation to these terms, with Status or your use of Status Software.
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In these terms, “dispute” has the broadest meaning enforceable by law and includes any claim you make against Status or controversy you may have in relation to these terms, with Status or your use of Status Software.
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We prefer arbitration over litigation as we believe it meets our Principle of resolving disputes in the most effective and cost effective manner. You are bound by the following arbitration clause, which waives your right to litigation and to be heard by a judge. Please note that court review of an arbitration award is limited. You also waive all your rights to a jury trial (if any) in any and all jurisdictions.
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We prefer arbitration over litigation as we believe it meets our Principle of resolving disputes in the most efficient and cost effective manner. You are bound by the following arbitration clause, which waives your right to litigation and to be heard by a judge. Please note that a court review of an arbitration award is limited. You also waive all your rights to a jury trial (if any) in any and all jurisdictions.
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If a (potential) dispute arises, you must first use your reasonable efforts to resolve it amicably with Status by reaching out to Status’ legal team at legal@status.im. If these efforts do not result in a resolution of such dispute, you shall then send to legal@status.im a written notice of dispute setting out (i) the nature of the dispute, and the claim you are making; and (ii) the remedy you are seeking.
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### 19. What happens if you stop using Status Software
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If, at any time, you no longer agree to these terms, you must immediately stop using the Status Software and uninstall it from all your devices. You acknowledge that even after uninstalling Status Software from all your devices, messages you have sent might still remain on the recipient’s device, blockchain transactions you have might still be recorded on the blockchain, and any smart contracts you have deployed to a blockchain might still remain deployed.
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If, at any time, you no longer agree to these terms, you must immediately stop using Status Software and uninstall it from all your devices. You acknowledge that even after uninstalling Status Software from all your devices, messages (including content) you have sent may still remain on the recipient’s device, blockchain transactions you have may still be recorded on the blockchain, and any smart contracts you have deployed to a blockchain may still remain deployed.
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Even after you have stopped using Status Software, all provisions of these terms which by their nature should survive termination shall survive termination. These provisions include, but are not limited to, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law.
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@ -328,18 +328,18 @@ If any section of these terms is determined to be unlawful, void, or unenforceab
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The captions and headings identifying sections and subsections of these terms are for reference only and do not define, modify, expand, limit, or affect the interpretation of any provisions of these terms. Any illustrative graphics and links to websites are provided for your information and education, and, unless otherwise specifically indicated, they are not included in or part of these terms.
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#### 20.4 Changes to Status Software and terms of use
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#### 20.4 Changes to Status Software and terms
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#### 20.4.1 Changes to Status Software
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Status Software is an open source, community-driven project. Users can both request and contribute to feature or functionality development by contacting us directly. Status may change or discontinue some or all features and functionality on Status Software at any time in our sole discretion, including features or support for certain devices. We will not be liable to you or any third party for any modification, suspension, or discontinuation of any features or functionality of Status Software. Any and all new functions added to Status Software are also subject to these terms.
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#### 20.4.2 Notice of changes to the terms of use
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#### 20.4.2 Notice of changes to the terms
|
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|
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We reserve the right to modify or replace any part of these terms at any time and in our sole discretion. You are solely responsible for checking Status Software, or the relevant location where these terms are published, periodically for any changes. Your continued use of Status Software following changes to these terms means that you have accepted those changes. If you do not accept such changes, then you must immediately stop using Status Software and uninstall it from your devices.
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|
||||
#### 20.5 Contact us
|
||||
|
||||
If you have any questions about these terms, please contact us at legal@status.im or through the means of communication indicated on the Status website.
|
||||
If you have any questions about these terms, please contact us at legal@status.im or through the appropriate means of communication indicated on Status’ website.
|
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|
||||
This document is CC-BY-SA.
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Reference in New Issue