Welcome to Hypha's Terms & Conditions
As you embark on this journey with us, it's essential to understand the rules that guide our platform. From the core purpose of these terms to the intricacies of billing, payment, and token usage, we’ve laid out comprehensive guidelines to ensure a smooth experience for all. We cover a range of topics including our service features, account requirements, and acceptable use policies.
These Terms of Use govern your relationship with the “Hypha Genossenschaft LVC” collectively known as (“Services”), operated by Hypha Genossenschaft LVC and the corresponding Hypha Genossenschaft LVC (“us”, “we”, or “our”). ‘Hypha Genossenschaft LVC’ will be shortened to the name ‘Hypha’ in the rest of this agreement. Please read these Terms of Use (“Terms” or “Agreement”) carefully before using our website or the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Members, Guests, Users, Partners, Ambassadors, Affiliates, Developers, Consultants, Customers and others who access or use the Service.
BY SIGNING THIS AGREEMENT, OR CLICKING “I AGREE”, “ACCEPT” OR OTHER SIMILAR CHECKBOX, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, ON BEHALF OF YOURSELF OR YOUR ORGANIZATION, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH HYPHA, A COOPERATIVE INCORPORATED UNDER THE LAWS OF LIECHTENSTEIN HAVING ITS PRINCIPAL PLACE OF BUSINESS IN VADUZ (“LICENSOR”)(LICENSEE AND LICENSOR EACH A “PARTY” AND COLLECTIVELY, THE “PARTIES”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE DATE OF SUCH OCCURRENCE BEING THE “EFFECTIVE DATE”). TO THE EXTENT THAT LICENSEE AGREES TO THIS AGREEMENT BY CLICKING “I AGREE”, “ACCEPT” OR OTHER SIMILAR BUTTON, LICENSEE HEREBY WAIVES ANY APPLICABLE RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The list of Hypha’s key features can be found here in the ‘Features’ section:
Every on-chain action in the DAO is governed by a transaction that is signed by a wallet service. Hypha supports multiple wallets with compatible transaction capabilities.
Access to and utilization of the Website, Apps and Web Apps and/or the Services and the reliability, completeness and accuracy of the information displayed therein is subject to, among other things, the availability and operation of internet and blockchain access and services. Licensor has no control over the continual or proper functioning of the blockchain nodes, internet or of any specific internet connection and therefore, without derogating from the provisions of Sections below, Licensor shall not be responsible or liable under any circumstances for any failure related to the Website and/or the Services arising from or related to the functioning of the blockchain and/or internet and/or of any specific internet connection and Licensee will not be entitled to any compensation or refunds.
The Data will be transmitted by Licensor via upload over the internet. Licensor cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the internet or stored on the blockchain. Licensor shall not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received over the internet or stored on Licensee equipment. Licensor shall not be liable to Licensee for any claims or damages which may be suffered by Licensee, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the internet or blockchain,or inability to transmit or receive information, caused by, or resulting from, delays, or service interruptions.
Beta Services are in a testing phase and are provided on an “as-is” and “as available” basis. They might not be as stable or reliable as our regular services. We reserve the right to modify, update, or discontinue Beta Services at our sole discretion, without notice. Beta Services may contain bugs, errors, or other unpredictable issues. Beta Services are exempt from any uptime, support, or other service level agreements that apply to our regular services.
Your participation in using these Beta Services is valuable to us, and we appreciate your understanding of their experimental nature.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Data and the operation of the Hypha DAO API is on an “as-is” basis. The Hypha DAO API collects and updates the Data based on its internal settings, and Licensor makes no undertakings or commitments regarding the frequency of Data updates.
Our Service may contain links to third-party websites or services that are not owned or controlled by Hypha. Additionally, our Service may allow you to interact directly with third-party services without leaving our website or mobile application.
Hypha has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hypha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Access to some or all of the Services may require registration of a user account with Licensor (the “Account”). As part of the registration and Account creation process Licensee may be asked to fill out an online registration form. Licensee must provide accurate, true and complete information when creating an Account, and keep Licensee’s Account information accurate and up to date.
By creating an Account or updating information in Licensee’s Account, Licensee represents and warrants to Licensor that all information provided by Licensee is true, complete and accurate. Licensor may rely on any information provided to Licensee in the creation of Licensee’s Account and any updated information provided by Licensee, and will not be under any obligation to independently verify any information.
Licensee is solely and fully responsible for maintaining the security and confidentiality of their wallet’s private keys and ensuring the safe execution of transactions. Any activities or transactions initiated from the Licensee’s wallet are deemed to be actions taken by the Licensee. Licensee may not assign or transfer Licensee rights or delegate Licensee duties under the Account and/or this Agreement without the prior written consent of Licensor or share Licensee’s keys or passwords with any other person.
Licensee must notify Licensor immediately of any unauthorized use of Licensee’s Account or any other breach of security. Licensor cannot and will not be liable for any loss or damage arising from any unauthorized use of Licensee’s Account, loss of keys and passwords or any other breach of security. Licensee will be liable for the losses of Licensor and/or others due to any such use.
It is important for users to understand the significant responsibility of managing private keys in the Web3 world, as losing access to or compromising private keys can result in irreversible consequences. Under no circumstance shall the Licensee be required to share the private key with Hypha or a third party.
Hypha does not have access to your blockchain account where your information and cryptocurrencies are stored. You are the sole owner, and operator of that account.
We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your Hypha account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Startups, SMEs, Corporate, governmental, and other organizational members can create a Hypha account on behalf of their organization. They must mention the legal name of the organization in the name of the organizational account and publicly display the legal name of the entity in the organization account profile.
You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement.
Please have that person read this Agreement with you and consent to it before proceeding. You warrant and represent to Hypha that all information provided by You to Hypha in connection with the Network Terms will be current, true, accurate, supportable and complete and, with regard to information.
If you meet the age requirement and create an account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session.
It is not possible to change the private key of a cryptocurrency wallet after it has been generated. The private key is a unique, randomly generated string of characters that is used to sign and verify transactions on the blockchain. It is mathematically linked to the public address associated with the wallet.
The seed phrase, on the other hand, is a set of words that is used to generate the private key. It is usually 12, 18, or 24 words long and is used as a backup in case the original private key is lost or stolen. If you are concerned about the security of your seed phrase, you should consider storing it in a secure location, such as a hardware wallet or a paper wallet, and avoid sharing it with anyone.
Our pricing in respect of our Subscription plans/ ‘DAO Builder’ can be found here:
https://hypha.earth/pricing-plans/dao-builder/
In consideration for the Services, Licensee will pay to Licensor a one-time fee or a monthly subscription fee in an amount as set forth in the above link hereto on the first day of each calendar month during the Term. All payments under this Agreement are of net income and Licensee shall bear all applicable value added, state, local and other taxes or other charges with respect to such payments, other than taxes applicable to Licensor’s income.
All payments hereunder will be made in fiat currency via our Stripe payment gateway and API designated by Licensor. No payments hereunder shall be refunded for any reason, except as detailed under the refund policy clause laid out further below. It is agreed that all past due amounts under this Agreement shall bear interest at the greater of the maximum rate permitted by law and 1%, beginning thirty (30) days from the date upon which the applicable amount became due.
Hypha offers a Free Plan to subscribers that can under certain circumstances be terminated. Before termination occurs, we will attempt to notify you in advance of any such action. Hypha reserves the right to terminate DAOs after 6 months of inactivity.
Our pricing in respect of our Ecosystem plans can be found here:
https://hypha.earth/pricing-plans/ecosystem-builder/
All payments hereunder will be made in staking cryptocurrency via our Hypha payment gateway and API designated by Licensor. Staking-based token payments involve the process where participants “lock” or “stake” their tokens in a cryptocurrency network as collateral or to perform certain network functions.
When a licensee chooses to unstake tokens that have previously been committed for purposes such as the ecosystem plan, they essentially initiate the process of reclaiming or withdrawing their tokens from the network or platform.
Unstaking typically isn’t instantaneous. Depending on the protocol or platform, there might be a predefined “unbonding” or “cool-down” period during which the tokens remain locked. Only after this duration will the licensee be able to access and transfer the unstaked tokens.
Withdrawal of Network Privileges: Once a licensee starts the unstaking process, any associated benefits or network privileges, such as transaction validation rights, governance voting, or other ecosystem-specific roles, can be revoked with immediate effect.
Potential Penalties: Some networks implement penalties for unstaking within a certain time frame. This is to ensure network stability by discouraging participants from frequently staking and unstaking. If licensees unstake before a specified period, they might forfeit a portion of their staked tokens or the rewards they’ve earned.
Claiming Rewards: Before or while unstaking, participants typically need to claim any outstanding rewards separately. Failure to do so might result in a forfeiture of those rewards, depending on the protocol’s rules.
Re-staking: After unstaking, if the licensee wishes to participate again in staking, they would need to initiate a new staking process, and the associated privileges will be reinstated according to the network’s terms.
As compensation for staking tokens and supporting the network, participants may earn rewards. This could be in the form of additional tokens, fees from the network’s operations, or any other incentive model set by the network.
You must pay all fees for your subscription and ecosystem plans. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription ecosystem plan in accordance with this agreement.
Subject to the terms hereof, subscribers who purchase plans directly from Hypha may cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:
Withdrawal Right & Refunds for Users Living in EU or UK. When you purchase Hypha subscription, you expressly agree that the subscription will commence immediately on your date of purchase. If you are a consumer in a EU Member State or the UK, you agree you have fourteen (14) days after your purchase to withdraw from your contract for purchase for any reason.
To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused usage limits do not roll over.
Subscribers may opt out of automatic renewal by changing their account settings. Ecosystem plan customers may opt out according to the ecosystem terms. Any opt-out or notice of non-renewal will not affect the current subscription period. Hypha may also at their sole discretion decline customer renewals.
When a subscription ends, the account will, at Hypha’s option, revert to a free membership or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. Hypha shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Hypha to provide any level of post-subscription account status.
You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.
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.
You may not submit any content that:
From time to time, Hypha may offer a sale of its tokens to the public, hereinafter referred to as the “Token Sale”. Details about each Token Sale, including the start and end date, the price of tokens, the total number of tokens offered, and other pertinent details will be provided in a separate document or on our platform during the sale period.
To participate in a Token Sale, you must have an active Hypha account and must meet all other criteria set forth by Hypha and any applicable laws or regulations. You acknowledge that there may be restrictions on who can buy tokens based on jurisdiction, financial status, or other criteria.
Participating in a Token Sale involves risks, including but not limited to the risk of losing all amounts paid. Cryptocurrency and token values can be highly volatile, and there may be additional risks unique to a particular Token Sale. Before participating, you should carefully consider all risks and consult with your own financial, legal, and tax advisors.
All purchases in the Token Sale are final, and there will be no refunds or cancellations except as may be required by applicable law or regulation.
You are solely responsible for ensuring that your participation in the Token Sale is not prohibited under the legal jurisdiction of your residence or domicile and complies with all applicable laws and regulations.
Hypha may, at its sole discretion, limit the amount of tokens that can be purchased by any individual or entity during the Token Sale.
Tokens purchased during the Token Sale will be distributed to the respective purchasers’ Hypha accounts or designated wallets, as described during the sale period.
Proceeds from the Token Sale will be used by Hypha for its operational needs, growth, and development. Hypha may provide a more detailed breakdown of the intended use of proceeds during or before the Token Sale.
While Hypha intends to make all reasonable efforts to ensure the growth and success of its platform, you acknowledge and agree that purchasing tokens is at your own risk, and there is no guarantee or representation of future value or liquidity for the tokens.
Your receiving, holding and/or using various types of Hypha tokens (“Tokens”) is subject to your acknowledgement, understanding and agreement to the following:
Tokens are intended to function as a means to access and use the services in our network. Your holding of the Tokens carries no rights, express or implied, other than as a means to access the services. In particular, You understand and accept that the Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to Hypha and its corporate affiliates or its property, other than rights relating to the receipt of services, subject to limitations and conditions in these terms and conditions.
The Tokens are not intended to be a security, commodity or any other kind of financial instrument and it is assumed that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic Tokens, token storage mechanisms, blockchain technology and blockchain-based software systems to understand the risks and implications of purchasing the tokens.
It is further assumed, that you have obtained sufficient information about the Tokens to make informed decisions in respect of the Tokens and you understand that the Tokens confer only the right to access the services, and confer no other rights of any form with respect to Hypha or its affiliates or property, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.
Our provision of the Tokens to you is solely for the purpose of you accessing the services and not for any other purposes, including, but not limited to, any investment, speculative or other financial purposes. Your receipt, holding and/or use of the Tokens complies with applicable law and regulation in your jurisdiction, including, but not limited to, (i) legal capacity and any other applicable legal requirements in your jurisdiction for the Tokens, using the Tokens, and entering into contracts with us, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained.
It is further assumed that you are not, nor are you an agent of, (i) a citizen or resident of a country or territory in which access to or use of the Tokens or the services is prohibited by applicable law, decree, regulation, treaty, or administrative act, (ii) a citizen or resident of, or located in, a country or territory that is subject to sanctions or embargoes imposed by the United States or any other country, or (iii) an individual or entity, nor an individual or entity employed by, acting on behalf of, or affiliated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List (collectively, “Restricted Party Lists”).
You further agree that you will not use the Tokens or Services in connection with transactions (i) in any country or territory that is subject to U.S. or other sanctions or embargoes, (ii) with any individual or entity that is identified on the Restricted Party Lists, nor (iii) otherwise prohibited by U.S. sanctions and export control laws and regulations including the sanctions regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control, 31 C.F.R. §§ 500-599, and the Export Administration Regulations, 15 C.F.R. §§ 730-774. You agree that if your country of residence or any other circumstances change such that the above representations are no longer accurate, then you will immediately cease using the services and notify Hypha. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
Finally, to the fullest extent permitted by applicable law and except as otherwise specified in a writing by us, (a) the Tokens are provided on an “as is” and “as available” basis without warranties of any kind, and we expressly disclaim all implied warranties as to the Tokens, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (b) we do not represent or warrant that the Tokens are reliable, current or error-free, meet your requirements, or that defects in the Tokens will be corrected; and © we cannot and do not represent or warrant that the Tokens or the delivery mechanism for the Tokens are free of viruses or other harmful components.
Your participation in, interaction with, or affiliation to any Decentralized Autonomous Organizations (DAOs) associated with or connected to the Hypha network is based on your acknowledgement, understanding, and agreement to the following:
By participating in, interacting with, or affiliating with any DAOs within the Hypha network, you hereby acknowledge and accept the above stipulations and any potential risks associated with DAOs.
In using our Services, you may not:
You will not remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission, submit any malicious program, script, or code, submit an unreasonable number of requests to our servers or ake any other actions to manipulate, interfere with, or damage our Services.
You may not use our Services if you are a terror or hate group or a member thereof, have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National) or are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.
You may not purchase goods or software services from us if doing so would violate any U.S. or Liechtenstein sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
We do not own any data, information or material (“Content”) that you submit in the Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
We may monitor and review Content in the application submitted or created using our Services by you. Unless specifically permitted by you, your use of the application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You grant Hypha permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Hypha shall have the right to identify public profiles in its marketing and investor materials.
You may provide comments, suggestions, or other feedback concerning our Services. You grant Hypha a perpetual and irrevocable right and license to use, copy, transmit, distribute, publicly perform, and display such feedback in any manner without any compensation to you.
You will indemnify, defend, and hold harmless Hypha and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with BILLING AND PAYMENT section above. With respect to users who do not have a subscription plan (i.e., free users), (a) Hypha may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, Hypha may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and © to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Hypha deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section (Other Content; Feedback), Section (Indemnification), Section (Disclaimers), Section (Limitation of Liability), Section (Disputes, Arbitration, and Choice of Law), and Section (General Provisions).
Unless agreed by Hypha in advance, any content that You send or upload to the Service will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such content.
You agree not to reproduce any Confidential Information to which You are provided access through the Service, in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of Hypha and shall contain any and all confidential or proprietary notices or legends which appear on the original.
You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of Hypha. You do not acquire any rights in Confidential Information except the limited rights as described herein.
In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Network, or compete with the Network in whole or in part. As used herein, ‘Confidential Information’ shall mean all Hypha technical product documentation, trade secrets and other information or Services which Hypha or third parties protect against unrestricted disclosure to others which is either labelled Confidential, accessed through a restricted or non-public area of Hypha Platform, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own similar confidential information, which shall not be less than a reasonable standard of care.
HYPHA PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Hypha DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Hypha makes no representations or warranties:
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, HYPHA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER OF THE NETWORK FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HYPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NETWORK, HYPHA PLATFORM OR HYPHA DEVELOPMENT SUPPORT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE NETWORK; OR (v) ANY OTHER MATTER RELATING TO THE NETWORK OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF MALICIOUS INTENT OR GROSS NEGLIGENCE BY HYPHA AND IN CASE OF HYPHAS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
HYPHA IS NOT LIABLE FOR LOST, MISPLACED OR FORGOTTEN KEYS. YOUR PRIVATE KEY IS YOUR RESPONSIBILITY, IF YOU LOSE YOUR KEY AND ARE UNABLE TO ACCESS YOUR ACCOUNT HYPHA IS UNABLE TO HELP. USERS HAVE THE CHOICE TO BACKUP THEIR KEYS WHEN CREATING AN ACCOUNT AND WE FIRMLY SUGGEST THESE ARE WRITTEN DOWN IN PAPER, DUPLICATED AND STORED IN SAFE PLACES.
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of Liechtenstein, without regard to principles of conflicts of law.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Except for matters that must be arbitrated (as set forth below), you and Hypha agree that any action relating to this Agreement or your use of our Services must be commenced in Vaduz, Liechtenstein; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, HYPHA AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
The exclusive means of resolving any Claim shall be BINDING ARBITRATION. Hypha determines which arbitration process will be administered in each case.
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Hypha reserves all rights not expressly granted herein. Hypha’s rights and remedies are cumulative. No failure or delay by Hypha in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Hypha will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; © terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Hypha’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Hypha shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
You and Hypha are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Hypha or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
This Agreement constitutes the entire agreement between Licensor and the Licensee with respect to the subject matter hereof and supersedes any prior agreements between the parties with respect to the subject matter hereof. This Agreement may only be amended by a written instrument signed by both parties.
Please refer to the links below to access our MIT Open Source License, as well as the Privacy and Cookie Policies.
Privacy Policy
https://hypha.earth/privacy-policy/
Cookie Policy
https://hypha.earth/cookie-policy/
You must send any notices of a legal nature to us by email or at:
Hypha Genossenschaft
Birkenweg 6, 9490 Vaduz
Liechtenstein
If you have any questions about these Terms of Use, please contact us at hello@hypha.earth
This document was last updated on October 10, 2023
