Status Website - Terms of Use

Last update: 20 February 2024

This page is intended to inform users of the terms and conditions (“Website Terms of Use”) applicable to your access and use of the Status website (“Website”). For the terms of use regarding Status’ software, being a secure messaging tool, a crypto wallet, and a Web 3 browser that are integrated together (“Status Software”), please refer to the Status Terms of Use which can be found on Status Software or the relevant page of this Website.

Whenever "Status" or "we" or "us" or any similar variation, are used in these terms, we're 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. Our contact information can be found at the end of the Website Terms of Use.

These Website Terms of Use are entered into by you and Status and they govern your access and use of the Website, including any material and functionality contained on the Website.

It is your responsibility to read the Website Terms of Use carefully before your use of the Website and your use of the Website means you have agreed to be bound and comply with these Website Terms of Use.

If you do not agree with these Website Terms of Use, you must not access or use the Website.

On the Website you will be able to participate and contribute to discussions on the Website, through a forum or otherwise and further, submit and interact with various user content (" User Content"). We consider User Content to include anything you (or any other user) create, post, distribute or exchange through the Website, whether its text, links, GIFs, emoji, photos or any other media formats.

You are solely responsible for any User Content that you create, post, distribute or submit, messages you exchange or any other activity you may engage in related to your User Content on the Website and any harm or liability that may result from such User Content.

You represent and warrant in respect of such User Content that:

  1. 1
    your creation, posting, distribution or submission of User Content does not infringe on any intellectual property or other proprietary rights of any third party;
  2. 2
    you are the creator and owner or that you have the necessary permissions to create, post, distribute or submit such User Content on the Website;
  3. 3
    it does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive User Content;
  4. 4
    it is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial User Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  5. 5
    it is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  6. 6
    it is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods; and
  7. 7
    it is not deliberately misleading or used to impersonate other users or third parties in a way intended to be deceptive.

While you use the Website, you may view User Content that potentially could:

  1. 1
    be offensive, indecent, or otherwise objectionable;
  2. 2
    contain technical inaccuracies, typographical mistakes, and other errors; or
  3. 3
    violate others' rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights.

By operating the Website, Status does not represent or imply that it endorses or supports User Content, or that it believes such User Content to be accurate, useful or non-harmful.

To the extent User Content contains suggestions, ideas, feedback or other information (" User Feedback") for Status that concerns software it has developed or otherwise, you acknowledge that these are voluntary submissions which you have made, without any expectation of claim or compensation from Status. While User Feedback is always appreciated, Status is under no obligation to utilise, implement or incorporate User Feedback.

Status disclaims all liability related to any claim, cause of action, controversy, dispute, loss, or damages, known or unknown, related to, arising from, or in any way connected with User Content.

The Website is provided by Status on an 'as is' basis and you use the Website at your own sole discretion and risk.

Status disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Status does not warrant or make any representations concerning the completeness, accuracy, legality, utility, reliability, suitability or availability of the use of the Website, the materials on its Website, including User Content or otherwise relating thereto or on any sites linked to this Website. These disclaimers will apply to the maximum extent permitted by applicable law.

We make no claims that the Website or any of its materials or the User Content is accessible or appropriate outside of Switzerland. Your access or use of the Website may not be legal in certain countries. If you access the Websites from outside Switzerland, you do so on your own sole discretion and you are solely responsible for compliance with applicable local laws.

Status provides materials and other information through the Website 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. Such information should not be considered as creating any expectations or forming the basis of any contract, commitment or binding obligation with us. No information on this Website should be considered to contain or be relied upon as a promise, representation, warranty or guarantee, whether express or implied and whether as to the past, present or the future in relation to anything described on this Website.

Status is not liable for any loss resulting from your action (or inaction) and decisions based on these materials or any other information. You should always conduct your own research and seek independent professional advice if necessary. The information contained on this Website does not constitute financial, legal, tax, or other advice and should not be treated as such You are solely responsible for the decisions or actions you might take in this respect.

Nothing in this Website should be construed by you as an offer to buy or sell, or soliciting any offer to buy or sell any tokens or any security.

Status owns all copyrights, domains, trade dress (look and feel), design rights and themes, trademarks, logos, graphics, and other intellectual property rights associated with the Status brand. You must not use such trademarks, logos, or graphics without Status' prior written approval. To request permission to use our copyrighted material or trademarks, such as logos, please contact marketing@status.im.

Unless indicated otherwise, the Website, its materials and functionality (including but not limited to information, text, images, the design, selection and arrangement thereof) are owned by Status, its licensors or other providers of such materials and are protected by copyright, trademark or any other intellectual property or proprietary rights laws.

Regarding User Content, while you will retain any intellectual property rights you have in your User Content, you grant to Status, in respect of your User Content, a worldwide, perpetual, irrevocable, non-exclusive, transferable, licence to use, copy, modify, adapt, create derivative works of, store and display the User Content on the Website.

To the extent the Website provides any links to a third party website, then their terms and conditions, including privacy policies, govern your use of those third party websites. 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 the Website. If you access such third party websites through the Website, it is at your own risk and you are solely responsible for your activities on such third party websites.

Status will not be held liable to you under any contract, negligence, strict liability, or other legal or equitable theory for any lost profits, cost of procurement for substitute services, or any special, incidental, or consequential damages related to, arising from, or in any way connected with these Website Terms of Use, the Website, User Content, or your use of the Website even if Status has been advised of the possibility of such damages. In any event, Status' aggregate liability for such claims is limited to EUR 100 (one hundred Euros) or to the maximum extent permitted by applicable law.

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 the Website, User Content, including without limitation your violation of these Website Terms of Use.

This clause applies to you when you sign up for early access to a "beta" version of Status Software (" Early Access Status Software"), made available to you for the purposes of evaluating and providing feedback to Status concerning Early Access Status Software.

Early Access Status Software is provided by Status on an "as is" basis. Status does not make any express or implied representations or warranties in relation to Early Access Status Software. This includes warranties of merchantability, fitness for use or for a particular purpose, and non-infringement of any copyright or intellectual property rights. In particular, Status makes no representations or warranties that Early Access Status Software will be operational, secure, safe or free from failures, disruptions, unauthorised access, bugs, errors, or delays, viruses, malicious code or any other technical or security issues.

Your use of Early Access Status Software is not without risk. These risks may include, but are not limited to, potential data loss, system instability and unexpected software behavior. You are solely responsible for evaluating these risks and deciding whether or not to use Early Access Status Software. By using Early Access Status Software, you agree to accept the risks Status has identified as well as any other risks that a reasonable person should have been aware about. Status is not responsible for notifying you on an ongoing basis about any changes in the risks associated with using Early Access Status Software.

You release Status from all liability related to any claim, cause of action, controversy, dispute, loss, or damages, known or unknown, related to, arising from, or in any way connected with your use of Early Access Status Software.

We may modify or replace any part of this Website Terms of Use at any time and without notice. You are responsible for checking the Website periodically for any changes. The new Website Terms of Use will be effective immediately upon its posting on the Website.

Swiss law governs these Website Terms of Use and any disputes between you and Status, whether in court or arbitration, without regard to conflict of laws provisions.

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 Website Terms of Use, the Website or your use of the Website and User Content.

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 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.

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.

If you and Status are unable to further resolve this dispute within sixty (60) calendar days of Status receiving this notice of dispute, then any such dispute will be referred to and finally resolved by you and Status through an arbitration administered by the Swiss Chambers' Arbitration Institution in accordance with the Swiss Rules of International Arbitration for the time being in force, which rules are deemed to be incorporated herein by reference. The arbitral decision may be enforced in any court. The arbitration will be held in Zug, Switzerland, and may be conducted via video conference virtual/online methods if possible. The tribunal will consist of one arbitrator, and all proceedings as well as communications between the parties will be kept confidential. The language of the arbitration will be in English. Payment of all relevant fees in respect of the arbitration, including filing, administration and arbitrator fees will be in accordance with the Swiss Rules of International Arbitration.

Regardless of any applicable statute of limitations, you must bring any claims within one year after the claim arose or the time when you should have reasonably known about the claim. You also waive the right to participate in a class action lawsuit or a classwide arbitration against Status.

All personal data we collect and process from your access and use of the Website is subject to the Status Website Privacy Policy.

These Website Terms of Use and the Status Website Privacy Policy cover the entire agreement between you and Status regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

The captions and headings identifying sections and subsections of these Website Terms of Use are for reference only and do not define, modify, expand, limit, or affect the interpretation of any provisions of these Website Terms of Use.

If any section of these Websites Terms of Use is determined to be unlawful, void, or unenforceable, the unenforceable portion will be deemed to be severed from these terms. Such determination shall not affect the validity and enforceability of any other remaining terms. Any failure by Status to exercise or enforce any right or provision of these Website Terms of Use will not constitute our waiver of such right or provision.

If you have specific questions about these Website Terms of Use, please contact us at legal@status.im.

This document is licensed under CC-BY-SA.

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