Terms and Conditions

Important information

Prior to obtaining access to the Portal (as defined below), please read the following information carefully and ensure that you understand each provision. These Terms comprise an agreement between the end-user (“You” or “User”) and Golem. By using the Portal, you confirm that you have read, understood, and you accept all of the terms and conditions contained in this Terms. These Terms and Conditions apply to every territory where the Portal is available and include our Privacy Policy and other documentation, guidelines, or policies we may to You.IF YOU DO NOT AGREE TO THE TERMS OF USE OF the Portal OR YOU ARE UNABLE TO COMPLY WITH THESE TERMS, YOU MUST DISCONTINUE THE USE OF THE PORTAL NOW. IN THIS CASE, DISCONTINUING THE USE TERMINATES THE AGREEMENT BETWEEN YOU AND GOLEM. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN A VIOLATION OF THE APPLICABLE LAWS OR REGULATIONS.

1. Preliminary provisions
   1. We and You. These Terms 'Golem', 'we' and 'us' refers to Golem Factory GmbH, a company organized and existing under the laws of Switzerland, with its registered office in Zug at Dammstrasse 16 (street), Postal code: 6300 Zug, entered into the commercial register under CHE-143.168.192 number (“Golem”) and in these Terms, we set out the terms and conditions that apply to Golem Portal and applications, including any updates, that we make available to you through our Golem Portal . Any and all references in these Terms to Portal shall be deemed to refer to the applications accessed via the Portal.(“Portal”).
   2. Availability. Availability of the Portal for the User residing outside the territory of Switzerl and may be limited in whole or in part.
   3. Additional terms. If a given service or application offered by Golem requires separate regulation, or if it results from its specificity (e.g. promotions or trading competition), its terms and conditions may be specified in additional terms, other than these Terms, which will constitute an integral part of these Terms.
2. Access
   1. Age limit. You must be 18 years or older and able to form a legally binding agreement online to use the Portal and have the full right, power, and authority to enter into and comply with the obligations under these Terms. If you use the Portal on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. By using the Portal, you declare that you meet the required age criteria.
   2. Non-commercial use. You may only use Portal if you are a consumer (and not a business user), for non-commercial, personal use, or, if you are a business user, for the internal business purposes of your organization, and only in accordance with these terms and conditions (and in accordance with any applicable terms of any relevant third party service provider for the device on which you access or use that Portal) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
3. Usage requirements
   1. Use of Portal. You may access, and we grant you a non-exclusive, no-charge, royalty-free right to use, but do not sell, the Portal in accordance with these Terms. We remain the owners of the Portal at all times. All intellectual property rights in the Portal, its content (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), other than Your content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing Portal. the Portal may contain code, commonly referred to as open-source software, which is distributed under any of the many known variations of open-source license terms, including terms that allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such a distributor (collectively “Open Source Software”). Please note that, to the extent that Portal contains Open Source Software, you are only permitted to use that element under the relevant license terms of the applicable third-party licensor (“Open Source Licence Terms”) and not under these terms and conditions, and you accept and agree to be bound by such Open Source Licence Terms.
   2. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. If you provide any of these things, we may use them without restriction or compensation to you.
   3. Third Party Services. Any third-party software, services, or other products you use in connection with the Portal are subject to their own terms, and we are not responsible for third-party products
4. Functionality and content
   1. We reserve the right to change the design, features, and/or functionality of the Portal at any time, with or without prior notice.
   2. Whilst we try to make sure that content made available by the Portal consisting of information of which we are the source, is correct, you acknowledge that certain applications may make content available that is derived from a number of sources, for which we are not responsible (e.g. weather forecast). In all cases, information made available by the Portal is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
   3. Except as expressly set out in these terms and conditions, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose, or originality of any content of the portal and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the Portal.
5. Your content
   1. the Portal allows you to submit user-generated content (“User Content”) – e.g. to do lists or notes - and also may allow you to communicate that content to your selected recipients (if any).
   2. We do not control User Content submitted. You are solely responsible for User Content as submitted by you.
   3. User Content must not:
      1. contain or link to any material which infringes any intellectual property right or other rights of any other person;
      2. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
      3. contain or link to any material which is defamatory of any person or entity;
      4. be likely to mislead or deceive any person;
      5. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
      6. contain or link to any material which is obscene, offensive, hateful or inflammatory;
      7. be menacing, threatening, abuse or invade another"s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
      8. contain, link to or promote sexually explicit material;
      9. promote violence or aggression;
      10. promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
      11. encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
      12. be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      13. contain or link to any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
      14. or give the impression that its emanate from us, our licensors, partners or associated organisations, if this is not the case.
   You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable right and license to use, reproduce, modify, publish, translate, distribute, perform and display such User Content (in whole or part) to the extent necessary in order for us to provide the Portal functionality.
6. Restrictions
   1. You may not:
      1. use the Portal in a way that infringes, misappropriates, or violates any person"s rights;
      2. reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Portal (except to the extent such restrictions are contrary to applicable law);
      3. remove or change any content of the Portal (other than User Content) or attempt to circumvent security or interfere with the proper working of the Portal or any servers or nodes on which it is hosted;
      4. use any method to extract data from the Portal, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API;
      5. use the Portal in a way that might damage our name or reputation or that of any of our affiliates;
      6. or otherwise do anything that it is not expressly permitted by these Terms.
   2. The specific types of use listed above are representative but not exhaustive. If you are uncertain as to whether or not your use of the Portal involves the above-mentioned prohibited use or have questions about how these requirements apply to you, please contact us at privacy@golem.network.
7. Our Liability
   1. Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel from and against any claims, losses, and expenses (including attorneys" fees) arising from or relating to your use of the Portal, including your content, products or services you develop or offer in connection with the Portal, and your breach of these Terms or violation of applicable law.
   2. Disclaimer. the Portal is actively developed during the prototyping stage, thus, features that the Portal offers are still on an alpha, preview, early access, or beta basis. Therefore you agree that accessing and use of the Portal is on an "as is" and "as available" basis and at your sole risk. Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory, or otherwise) with respect to the Portal and disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Portal will be uninterrupted, accurate, or error-free or that any content will be secure or not lost or altered.
   3. Limitations of Liability. Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data, or other losses, even if we have been advised of the possibility of such damages.
8. Confidentiality, Security and Data Protection
   1. Confidentiality. You may be given access to Confidential Information of Golem, its affiliates, and other third parties. You may use Confidential Information only as needed to use the Portal as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Golem or its affiliates or third parties designated as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that:
      1. is or becomes generally available to the public through no fault of yours;
      2. you already possess without any confidentiality obligations when you received it under these Terms;
      3. or you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Golem and use reasonable efforts to limit the scope of the disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
      4. is or becomes generally available to the public through no fault of yours;
      5. is or becomes generally available to the public through no fault of yours;
   2. Security. We cannot and do not guarantee that the Portal or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Portal and its content. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Portal. If you discover any vulnerabilities or breaches related to your use of the Portal, you must promptly contact Golem and provide details of the vulnerability or breach.
   3. Processing of Personal Data. Golem underlines that your personal data (discord nickname, IP address, email address) are only used within the framework of the Portal as per applicable data protection regulations, in particular the Swiss Federal Act on Data Protection and, to the extent applicable, the EU General Data Protection Regulation, to comply with Golem's contractual obligations connected to these Terms. Golem also confirms that this data will not be forwarded to third parties or given to them for use and will be treated confidentially as per applicable data protection laws unless you expressly consent to have the information transferred to partner companies. A withdrawal of consent via email to https://www.golem.network/privacy is possible at any time. By using the Portal, You acknowledge the storage of your email address and the defined personal data and that the data can be used for the operation of the Portal. Golem reserves the right to check the correctness of the data provided by you. You can request information about the data stored by Golem at any time by contacting: https://www.golem.network/privacy. You can also exercise any of your other rights (e.g. right to erasure, right to correction, right to restriction, and right to objection) via the same email address. Your personal data will be deleted as soon as they are no longer required for the operation of the Portal. However, it may be necessary for Golem to continue to store your data until the expiration of the obligations and periods of retention specified by the legislator or supervisory authorities. For more information on how Golem processes personal data, please consult the privacy statement at https://www.golem.network/privacy.
   4. Cookies Once you visit the Portal, you will be prompted to accept or refuse cookies. The purpose is to enable the Portal to gather statistics and remember your preferences (such as language or your consent for these Terms etc.) for a certain period of time. That way, you don"t have to re-enter them when browsing around the Portal during the next visit. Cookies can also be used to establish anonymized statistics about the browsing experience on our Portal. Exhibit A explains how we use cookies when you visit our Portal.
9. General Terms and Updates
   1. Use of Brands. You may not use Golem"s or any of its affiliates" names, logos, or trademarks without our prior written consent.
   2. Current version. The current Terms are available at:https://portal.golem.network/legal/terms-and-conditions.
   3. Updates. The Terms may be regularly reviewed and updated as required. Each page with the document comprising the Terms will include information on when it was last reviewed. You are advised to check these Terms periodically to familiarize yourself with any changes to the Terms. Please observe what version of the Terms applies to you before you use Portal.
   4. Changes approval. Golem, in its sole discretion, reserves the right to make changes to the Terms or to issue new Terms in the course of the agreement with the User, in particular, due to changes in the applicable law or due to changes in the functionality of the Portal in order to provide its Users with more convenient terms of using the Portal or in case of occurrence of other important reasons, including reasons of technical nature of the Portal functioning. Changes are binding on users of the Portal and will take effect immediately upon posting. As a User, you agree to be bound by any changes, variations, or modifications to our Terms, and your continued use of the Portal shall constitute acceptance of any such changes, variations, or modifications.
   5. Unless a representation, which may be subject to change without notice from time to time, is expressed to be given at a specific date, each representation is deemed to be repeated by you each time you use the Portal. When a representation is repeated, it is applied to the circumstances existing at the time of repetition. You accept that Golem does not hold an obligation to verify your status with respect to your representations or obligations under the Terms.
   6. Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets or to any affiliate or as part of a corporate reorganization.
10. Jurisdiction and Governing Law
    1. Choice of Law. These Terms and all related documents and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of Switzerland without giving effect to the Swiss conflict of law provisions. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded.
    2. Court. You hereto irrevocably agree that any legal action or proceeding with respect to these Terms and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of these Terms and the rights and obligations arising hereunder brought by You hereto or your successors or assigns, shall be brought and determined exclusively in the courts of Zürich, Switzerland, the venue being Zurich 1. You hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
11. Contacting Us
    1. Email Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please do so by sending us an email at contact@golem.network.

Why do we use Cookies?

Our use of cookies is to primarily help enhance your user experience and to improve the efficiency of our website. We use certain cookies to remember you when you visit the website, to keep track of browsing patterns, and to understand how visitors use the website site.

What are Cookies?

Cookies are text files containing small amounts of information that are downloaded to your device when you visit a website. There are different types of cookies: some are essential for the site to operate properly, whereas others are aimed at enhancing and personalizing your user experience. Cookies can help us to understand how you are interacting with our website, which helps us to improve our site and deliver a better service to you.

What Cookies do we use?

Strictly Necessary Cookies

Generally, these cookies will be essential first-party session cookies. Not all first-party session cookies will fall into the strictly necessary category for the purposes of the respective cookie legislation. Strictly necessary cookies will generally be used to store a unique identifier to manage and identify the user as unique to other users currently viewing the website in order to provide a consistent and accurate service to the user. These are set by us, and only we can read them. They remember if you have agreed to (or refused) our Portal Terms and Conditions or if you have already replied to our cookie pop-up – so you won't be asked again.

Essential Cookies

These cookies are essential in order to enable you to move around the website and use its features. These are mainly technical cookies required by certain IT systems (e.g. maintain a secure session for you, during your visit).

Analytics Cookies

These cookies generally collect information about how visitors use our website, for instance, which pages visitors go to most often and the pages that they don"t. This helps us to understand and improve the site so it is easy to use and includes helpful content. They allow us to fix bugs or glitches on the website. These cookies don"t collect information that identifies visitors, so we can"t identify you. For example, we use Google Analytics (GA4) cookies (a web analytics service provided by Google, Inc). Following is a table of our use of cookies with the duration we have set.

How to turn off Cookies

You can turn off analytics cookies at any time, by going into your browser settings, however this may have a detrimental effect on your user experience. If you are happy to continue letting us use cookies in the ways set out in this policy, to help us guide our work, then you need not do anything.