May 25 2023

Waku website Terms of Use

Waku strives to be a secure communication tool that upholds human rights. Designed to enable the free flow of information, protect the right to private, secure conversations, and promote the sovereignty of individuals.

Waku is the communication layer for Web3. Decentralized communication that scales. Private, secure, and it runs anywhere.

These Terms of Use ("ToU") are a contract between you and Waku. If you decide to run a node or implement Waku, or submitting any questions or comments through e-mail or on our social networks, or just visiting our website you agree to these ToU. If you do not agree to these ToU you must not perform any of the above actions.

Who we are

Whenever "Waku" or "we" is used in this ToU, we're referring to Status Research & Development GmbH, a Swiss company. Our contact information can be found on our website and at the end of this ToU.

These ToU are designed to reflect our principles and goal for mass adoption, while providing important legal protections for Waku and the Waku community of users.

Waku removes centralized third parties from messaging, enabling private, secure, censorship-free communication.

Waku is designed for generalized messaging, enabling both human-to-human or machine-to-machine communication.

Waku is an open-source software, so if you decide to run a Waku node or implement Waku or submitting any questions or comments through e-mail or on our social networks, or just visiting our website, this ToU applies to you.

You'll never be asked for a phone number, email address (unless you send us an e-mail), bank account, or any other personal information when running a Waku node or implementing Waku on your own platform.

When you you decide to run a node or implement Waku, you are the sole owner and possessor of your private keys and therefore responsible for their storage or loss. This means that Waku doesn't know which keys belong to you and doesn't process any personal data in this respect. Only you have access to your private keys, so only you're responsible for keeping them safe.

We care about your privacy

Waku is an open-source, peer-to-peer protocols and strong end-to-end encryption to protect your users. We don't monetize Waku implementations, not even when you decide to run a Waku node. You are entirely responsible for the relationship you have with your users when implementing Waku. Be aware that information posted to a blockchain is public, therefore, you're responsible for your activities.

We believe in the sovereignty of individuals. As a platform that stands for the cause of personal liberty, we aim to maximize social, political, and economic freedoms. This also means you're fully responsible for all activities that occur when you run a Waku node or implement Waku.

Waku is encrypted end-to-end by default, to help ensure your privacy. However, your privacy may be compromised if you use third party services that you decide to integrate or use. Our full terms regarding third party services are described below.

Learn more about how seriously we protect your data by reading our Privacy Policy.

You're entirely responsible for running a Waku node or implementing Waku, including any harm resulting from that implementation, and Waku shall not be liable for any acts or omissions by you.

When you run a Waku node or implement Waku, you are entirely responsible for the secure storage of the private keys as no one else may have access to such private keys or seed phrase. This means that Waku doesn't know which keys belong to you and doesn't process any personal data in this respect. Waku will never have access to or control over your keys or wallet assets, as Waku is not a custodian.

You're responsible for taking precautions to protect yourself and your devices, implementations and infrastructure from viruses and other harmful content. You're also responsible for any carrier or connection charges, fees, and taxes associated with the devices on which you run a Waku node or implement Waku.

To run a Waku node or implementing Waku, you must be fully able and competent to agree to these ToU. To run a Waku node or implementing Waku without parental permission, you must meet the minimum age requirements in your country of residence.

When running a Waku node or implementing Waku, you may be able to access, use, or interact with third party products and services, such as websites, blockchain wallet transactions, apps and DApps, support services, cloud services and group chat community spaces, among others.

When you use such third party service, please be aware that they are provided entirely by third party service providers and their terms and conditions, including privacy policies, govern your use of those services, and Waku shall not be liable for your use of or activities on or with any third party service.

Waku is open-source

The software we create is a public good. The Waku source code is made available via free and open-source licenses, for anyone to share, modify, and benefit from (according to the applicable license). We believe in permission-less participation. We enable free flow of information, and no content is under surveillance.

When running a Waku node or implementing Waku, we can't review, and won't review your activity nor your users' activity, and therefore, we can't be responsible for any user's content. Waku aims to provide the tools for user communities to voluntarily self-regulate their own content.

When someone decides to implement Waku, you may view content that's offensive, indecent, or otherwise objectionable; content containing technical inaccuracies, typographical mistakes, and other errors; and material that violates others' rights, including privacy and intellectual property rights. Waku doesn't endorse any user content or activity and disclaims any responsibility for any harm resulting from user content or activities.

For an explanation about how Waku has no means of removing users or user generated content, see the section on decentralization and the Waku protocol below.

Our view on censorship

Please limit certain uses

We strive for complete openness and symmetry of information within the Waku organization and with our community. We ask you to respect the Waku community too.

You agree to use Waku in a way that doesn't harm or violate the rights of Waku, other Waku users, or any third party in any way.

You agree that you won't, and you won't assist others to: (i) gain or try to gain unauthorized access to any Ethereum address; (ii) disrupt the integrity or performance of Waku; (iii) create nodes through unauthorized means or prohibited locations; (iv) install any viruses, worms, malware, Trojan horses, or other harmful or destructive code or content; (v) use spam, data mining, or other unsolicited promotional methods, machine generated content, or unethical or unwanted commercial content; (vi) engage in phishing, spoofing, or similar fraudulent acts; (vii) spread misinformation or misleadingly impersonate another person or company; (viii) stalk, bully, harass or abuse another individual in any way; (ix) violate the privacy rights of others; or (x) copy, distribute, sell, license, create derivative works from, or in any other way exploit any copyrighted material, trademarks, or any intellectual property rights of others.

Waku is decentralized

Waku aims to minimize centralization across the software and the organization itself by maximizing the number of physical computers composing the network, and maximizing the number of individuals who have control over such system(s).

We provide the tools to run a Waku node or implementing Waku, just as Chrome/Safari is a generic web browser for connecting to the Web, and just as Google/Apple doesn't control the content on the Web, Waku does not control the actions or content posted by its users.

Our services may change

As Waku is an open-source, community-driven project, users can both request and contribute to feature development. Any service or implementation created using Waku is the responsibility of its developer or its implementer.

We'll keep you updated

From time to time, we may provide updates to Waku in order to enable new features and enhanced functionality, however, the foregoing does not represent an obligation to make any modifications to Waku. Like any technology, Waku is subject to failures, or may be intentionally or unintentionally interrupted, including for maintenance, upgrades, or network or equipment failures.

When you use any third party service, their terms and conditions, including privacy policies, govern your use of those services, and Waku shall not be liable for your use of or activities on or with any third party service.

Respect the Waku brand

We create software incentivized to continue to exist and improve, without the stewardship of a single entity or any of the current team members. The Waku community has worked hard to build a brand and goodwill that will also continue to exist and improve over time.

We love to see creative work by users from the Waku community, but please let us know in advance if you want to use trademarks, logos, or graphics that are modified from our standard colors and designs. If you write articles or blogs, create websites, or talk about Waku, make sure it's clear you aren't speaking for, on behalf of, or under endorsement by Waku.

To request permission to use our copyrighted material or trademarks, such as logos, please contact marketing@status.im.

We may change these ToU

We may modify or replace any part of these ToU. You're responsible for checking our website periodically for any changes. As long as you continue to run a Waku node or use Waku in any way it means that you accept the ToU and any further changes.

Waku makes no warranties

Whenever used in these ToU, "representatives" means Waku affiliates, officers, employees, partners, agents, core contributors, and any other representatives.

Waku is provided on an "as is" basis, and if you decide to run a node or implementing Waku you do so at your own discretion and risk.

Waku disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. You understand and agree that Waku doesn't have control over, doesn't warrant, and has no duty to take any action: (i) that any information provided by Waku is complete, accurate, or useful; (ii) if the network status is not operational or have failures, interruptions, errors or delays, (iii) regarding failure of hardware, software, or Internet connections; (iv) that Waku will be secure, safe, or free from viruses or other malicious code being introduced; (v) that third parties may obtain unauthorized access to your information stored, such as your wallet address, private key, seed phrase, or personal data; (vi) regarding changes to or errors in the Ethereum network; (vii) regarding risks related to cryptographic and cryptoeconomic systems, virtual currencies, or any other tokens, such as change in transaction costs; (viii) regarding legal or regulatory risk, inquiry, or action; (ix) regarding any custodial or fiduciary risk or responsibility, of which Waku and its representatives have none; or (x) regarding third party content accessed through Waku.

Risks you should know about

You represent and warrant that you understand the inherent risks associated with cryptographic and cryptoeconomic systems and have an understanding of the usage and intricacies of virtual currency and tokens (such as Ether (ETH)), smart contract based tokens (such as ERC 20), and blockchain-based systems. You acknowledge and agree that: (i) Waku and its representatives aren't responsible for the underlying protocols of open source blockchain based networks, which may be subject to sudden changes in operating rules (such as forks), (ii) such changes may materially affect Waku, (iii) any third party developments or implementations and (iv) Waku may, in our sole discretion, decide not to support a forked network. Waku and its representatives aren't responsible whatsoever for any underlying software protocols, whether forked or not.

You acknowledge and understand that cryptographic and cryptoeconomic systems are an emerging technology with inherent risks. For example, advances in technology, such as cryptography or quantum computers, could result in the theft or loss of your tokens or wallet assets or access. While security is at the forefront of our priorities (which is why many functions on Waku are privacy-mode by default) and Waku intends to continuously update its security measures, Waku can't and doesn't guarantee full security of Waku network, its underlying protocols, or your tokens or wallet assets or access. Waku has no ongoing duty to alert you to potential security risks, but you can check our website or social media channels for updates when available.

Releases you should read closely

You release Waku and its representatives 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: (i) user error, such as forgotten passwords, incorrectly constructed transactions, or mistyped virtual currency addresses; (ii) delays, server failure, or data loss; (iii) unauthorized access to your account, or your private data; (iv) bugs or other errors in the Waku network and code or any system; (v) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing, or other means of attack against the Waku network; (vi) risks associated with cryptographic and cryptoeconomic systems, including use or utility of tokens; (vii) fluctuations in transaction costs; (viii) loss of wallet assets; and (ix) your use of or activities on any third party service.

Waku liability is limited

In no event will Waku or its representatives be liable 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 ToU, or your use of any and all services on the Waku network, including without limitation use of tokens, even if Waku or its representatives have been advised of the possibility of such damages. These disclaimers and limitations of liability will apply to the maximum extent permitted by applicable law.

You indemnify Waku against claims

You agree to indemnify and hold harmless Waku and its representatives from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Waku or any Waku system or code, including without limitation your violation of these ToU.

Where Waku operates

Status Research & Development GmbH is a Swiss company that conducts global marketing campaigns but doesn't conduct business activities within the United States of America, District of Columbia, Puerto Rico, the U.S. Virgin Islands, and all other U.S. territories and possessions, as well as all Swiss Embargoed Countries. If you decide to run a Waku node or to implement Waku, including without limitation the use of any kind of cryptocurrencies or any kind of tokens, shall not subject Waku or its representatives to jurisdiction in any such prohibited area under any circumstance. Waku isn't intended for distribution in any country where such distribution would subject Waku to regulations or jurisdiction of a foreign court, and we reserve the right to limit Access to Waku website in any country.

How disputes are resolved

Whenever used in these ToU, "dispute" has the broadest meaning enforceable by law and includes any claim you make against or controversy you may have with Waku and its representatives.

Please read this section carefully!

We usually prefer arbitration because we believe arbitration is less drama-filled than litigation and meets our principle of solving problems in the most effective way possible at lower economic costs.

You agree to the following arbitration clause, which is essentially a waiver of your right to litigation and all opportunity to be heard by a judge. You understand that court review of an arbitration award is limited. You waive all your rights to a jury trial (if any) in any and all jurisdictions.

Unless otherwise agreed to in writing by you and Waku, any dispute related to, arising from, or in any way connected with these ToU, or your use of any and all Waku systems, in an amount greater than Seven Hundred Fifty Thousand Euros (750,000 EUR) shall be referred to and finally resolved by 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, and the arbitral decision may be enforced in any court. The seat of the arbitration shall be Zug, Switzerland (via video conference virtual/online methods whenever possible), the tribunal shall consist of one arbitrator, all proceedings shall be kept confidential, and the language of the arbitration shall be English.

Any dispute not subject to the paragraph above will be brought exclusively in the courts of Zug, Switzerland, and you submit to such exclusive jurisdiction and venue.

Regardless of any applicable statute of limitations, any claim must be brought within one year after the claim arose or the time when you should have reasonably known about the claim.

You waive the right to participate in a class action lawsuit or a classwide arbitration against Waku or its representatives.

Swiss law governs these ToU and any disputes between you and Waku, whether in court or arbitration, without regard to conflict of laws provisions.

What happens if you stop running a node or using the Waku network

If, at any time, you no longer agree to these ToU, you must stop running a Waku node or the Waku implementation in all available instances or environments. Be aware that, even after the node is no longer running or the implementation is suspended or terminated, blockchain transactions you made may remain recorded on the blockchain, and smart contracts you deployed to a blockchain may remain deployed.

Even after you stop running a node or the implementation was suspended or terminated, all provisions of these ToU which by their nature should survive termination shall survive termination, including without limitation warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law.

About these ToU

These ToU cover the entire agreement between you and Waku regarding the Waku network.

The captions and headings identifying sections and subsections of these ToU are for reference only and don't define, modify, expand, limit, or affect the interpretation of any provisions of these ToU. We provided illustrative graphics and links to websites for your information and education. Unless otherwise specifically indicated, neither those resources nor the information they contain are included in or part of these ToU.

If any part of these ToU is held invalid or unenforceable, that part will be severable from these ToU, and the remaining portions will remain in full force and effect. If we fail to enforce any of these ToU, that doesn't mean we've breached them or waive the right to enforce them.

If you have specific questions about these ToU, please contact us at legal@status.im.

This document is :Waku_ToU_June2022.