QRL Terms of Service

Effective Date: 9 Nov, 2020

Die QRL Stiftung (“The QRL Foundation” or “The Foundation”, with registered domicile c/o STAX AG, Bahnhofstrasse 21, 6300 Zug, Switzerland) and its contributors maintain a suite of tools to run and interact with a quantum-resistant blockchain. This includes the public, decentralised QRL blockchain. Please read these terms of service (“Terms of Service”) carefully. They apply to your use of the QRL Foundation maintained websites, subdomains, any and all associated applications and services (“Site” or “Services”).

1. Introduction

The Terms of Use set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Terms of Service, any additional posted guidelines or rules applicable to specific services and features, and our Privacy Policy (together, the “Agreement”). If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to the terms set forth herein. If you do not have such authority or do not agree to be bound by the Terms of Service, you may not access or use the Services. You must agree to the Terms of Service and Privacy Policy when you download software, create a wallet, perform a transaction via the Site or the software downloaded from the Site, and/or otherwise use the Services.

The QRL Foundation may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at theqrl.org. Your continued use of the Services constitutes your acceptance of such changes.

2. License

Except where explicitly outlined, all of the software, downloads, products and Services are offered under the following license:

MIT License Copyright © 2020 Die QRL Stiftung

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

3. Services Eligibility and Information

3.1 Services Eligibility

The Services are offered and available to users who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under 18 is unauthorised and in violation of these Terms of Service. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by the Terms of Service.

3.2 Services Information and Limitations

The Site contains free, open-source, client and server software to create wallets, nodes and interact directly with both public and private blockchains.

When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. You will receive a key and set up a password, but you do not and will not create an account with the Site. All assets are on the blockchain itself, and we do not control them. Die QRL Stiftung does not collect or hold your keys or information, and cannot access accounts; recover keys, passwords, or other information; reset passwords; or reverse transactions. You are solely responsible for your use of the Services, including without limitation for storing, backing-up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Site. You expressly relieve and release Die QRL Stiftung from any and all liability and/or loss arising from your use of the Services.

Users interacting with digital assets as investments should be aware that all investments involve risks, including the risk of loss of some or all assets. Losses are not insured, and the user assumes responsibility for all losses. Users are advised to exercise caution, conduct research, and not to transact more than they can afford to lose.

Prior to using the Services for any purpose, we highly recommend that you read the documentation and familiarise yourself with both QRL-specific and more general recommendations in regards to blockchain interaction and digital assets, along with best practice security principles to guide your safe use.

4. Rights and Restrictions

4.1 Our Proprietary Rights

We reserve Copyright protection under international law.

4.2 Restrictions

You agree not to (a) interfere with, damage, impair, or disable the Services’ operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (c) remove, circumvent, disable, damage or otherwise interfere with the Services’ security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations of the Services; (d) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (e) use the Services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws); or (f) use, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Die QRL Stiftung.

5. Privacy

The QRL’s Privacy Policy applies to the collection and use of “Personal Information,” which is defined as information about an individual that (either by itself or when combined with information from other available sources) allows that individual to be identified. The terms of the QRL’s privacy policy at “https://www.theqrl.org/privacy" are made a part of these Terms of Service by this reference. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Information as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to and processed in any jurisdiction including Europe, Switzerland, the United Kingdom and the United States.

6. Third Party Content and Services

The Site may contain links to third-party websites, services, applications, or employ the use of API integrations to third-party applications (“Third-party Applications”), tools or libraries that are not owned or controlled by Die QRL Stiftung. Access to and use of any Third-party Applications is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third-party Applications; (b) the acts or omissions of the operators of Third-party Applications (or their partners or affiliates); (c) any loss or damage incurred in connection with the use of any Third-party Applications, or (d) any transaction you consummate in connection with your use or access of any Third-party Applications. We encourage you to be aware when you utilise these Third-party Applications to read the terms and privacy policy of each Third-party Application. We provide these links and integrations merely as a convenience, and the inclusion of such links and integrations does not imply an endorsement, recommendation or guarantee. Upon leaving the Site, these Terms of Service shall no longer govern. By using the Site, you expressly relieve and release The Foundation from any and all liability arising from your use of any Third-party Applications.

7. Disclaimers and Limitations on Liability

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIE QRL STIFTUNG NOR ANY PERSON OR ENTITY ASSOCIATED WITH DIE QRL STIFTUNG OR THE QRL OPEN-SOURCE SOFTWARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DIE QRL STIFTUNG NOR ANY PERSON OR ENTITY ASSOCIATED WITH DIE QRL STIFTUNG OR THE QRL OPEN-SOURCE SOFTWARE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DIE QRL STIFTUNG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL DIE QRL STIFTUNG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AGENTS, OFFICERS OR BOARD BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OFFERED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. The Foundation’s liability shall be limited to the extent permitted by law.

Die QRL Stiftung is a not-for-profit organisation based in Zug, Switzerland. We provide this Site for use only by persons permitted to do so under their local laws. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws. Where the Site has been translated into a variety of languages no verification of the validity and accuracy of the information provided or is intended as an endorsement for use in any particular jurasdiction.

8. Indemnity

You agree to defend, indemnify and hold harmless Die QRL Stiftung, its officers, directors, contractors and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Die QRL Stiftung without restriction.

10. Arbitration Agreement; Class Waiver; Jury Waiver

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND DIE QRL STIFTUNG TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

10.1 Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Die QRL Stiftung, and to any subsidiaries, affiliates, agents, contractors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.

10.2 Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Die QRL Stiftung should be sent to: legal@qrl.foundation. After the Notice is received, you and The Foundation may attempt to resolve the claim or dispute informally. If you and The Foundation do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

10.3 Arbitration Rules

Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.

The number of arbitrators shall be one;

The seat of the arbitration shall be Zug unless the parties agree on a city in another country;

The arbitral proceedings shall be conducted in English.

The dispute shall be decided on the basis of documentary evidence only.

Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.

10.4 Waiver of Jury Trial

THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND/OR STATUTORY RIGHTS TO GO TO COURT AND/OR HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement

10.5 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

10.6 Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

10.7 Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

10.8 Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Die QRL Stiftung and your use of its software and/or services.

10.9 Small Claims Court

Notwithstanding the foregoing, either you or Die QRL Stiftung may bring an individual action in a small claims court in an appropriate jurisdiction.

10.10 Equitable Relief

Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

11. Governing Law, Venue, and Jurisdiction

To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and Die QRL Stiftung agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of Switzerland, without regard to its conflict of law principles. You and Die QRL Stiftung hereby consent to submit to the jurisdiction of the courts sitting in Switzerland for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement.

YOU AND DIE QRL STIFTUNG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

12. Entire Agreement

The Terms of Service, Privacy Policy, any other legal notices published by Die QRL Stiftung on theqrl.org Site and subdomains shall constitute the entire agreement between you and The Foundation concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Die QRL Stiftung’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

13. Contact information

We welcome your comments or questions about these Terms of Service. You may contact us at legal@qrl.foundation.