The following Terms of Service (“Terms”) govern the use of the Bitagora voting platform (“Bitagora Platform”). The Bitagora Platform consists on the open-source software applications Bitagora Node and Bitagora Booth, as well as any other websites, networks, servers and applications deployed as part of the elections or polls (“Polls”) being conducted with these software packages.
The purpose and function of the Bitagora Platform is to facilitate the celebration of confidential, reliable and secure Polls through a decentralized validation system sustained on a blockchain public ledger.
The group of developers and other personnel that is now, or will be, involved in the development, promotion or management of the Bitagora Platform is named the “Bitagora Team.” The Platform will be developed by persons and entities who support Bitagora, including both volunteers and developers who are paid by nonprofit entities interested in supporting the Bitagora Platform.
Potential users of the Bitagora Platform (“Users”) include individuals or collectives who sponsor and promote a Poll through the Bitagora Platform (“Sponsors”), individual voters that use the Bitagora Platform to cast a ballot in a Poll (“Voters”), individuals or collectives who install the Bitagora Node software on their systems and join the Bitagora validator network (“Validators”), as well as any other person or groups who use the Bitagora Platform for any foreseeable purpose.
Except as expressly set forth herein, Bitagora and the Bitagora Team will not be liable for any damages incurred in connection with the use of the Bitagora Platform. This includes any direct, indirect, consequential or incidental damages that may arise from the use of the Bitagora Platform, the failure of the Bitagora Platform, or the termination of access to the Bitagora Platform. This limitation of liability will also apply to any loss of data, information or content through failure of the Bitagora Platform or interruption of service. Bitagora and the Bitagora Team will not be liable for any harm or loss arising from unauthorized access to data, information or transmission, including, but not limited to tangible or intangible loss of revenues, profits, data or information.
Except as expressly set forth herein, the User agrees that Bitagora and the Bitagora Team are not liable for any damages arising from the interruption, cancellation or suspension of the Bitagora Platform service, regardless of whether the failure of the Bitagora Platform is announced, justified, or negligent.
Except as expressly set forth herein, Bitagora provides the Bitagora Platform “as is” and without warranties of any kind, express or implied, to the fullest extent allowed by law. Bitagora further disclaims all other warranties, including the implied warranties of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Bitagora does not warrant uninterrupted or error free functions contained in the Bitagora Platform or that the Bitagora Platform or its servers are free of viruses, bugs or other harmful components.
The User understands and represents that all data, information or other material provided by the User to operate any component of the Bitagora Platform is the User’s sole responsibility. Bitagora and the Bitagora Team are not responsible for any loss of data or harm done to the User’s computers, systems, mobile devices, or any other equipment, in conjunction with use of the Bitagora Platform. The User understands and agrees that using the Bitagora Platform is done at the User’s own risk and discretion.
Bitagora and the Bitagora Team disclaims all responsibilities regarding the nature, content and implications of Polls conducted with the Bitagora Platform, including all legal and regulatory consequences that may be derived in any jurisdiction from the celebration of such Polls.
Polls using the Bitagora Platform are promoted, supervised and managed by third-party Sponsors, who assume the sole responsibility for the legal and regulatory consequences of the Poll. By launching a Poll using the Bitagora Platform, Sponsors agree that Bitagora and the Bitagora Team have no responsibility whatsoever over the celebration or management of such a Poll, where Bitagora acts as the data controller agent for the Poll.
Voters participate in Polls conducted using the Bitagora Platform out of their free will and agree that Bitagora and the Bitagora Team are not responsible for any legal or regulatory liabilities that may be derived from their participation in these Polls.
The User acknowledges the following risks to any use the Bitagora Platform and expressly agrees to neither hold Bitagora or the Bitagora Team liable should any of the following risks occur:
The Bitagora Platform, as well as Polls conducted with the Bitagora Platform, could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Bitagora Platform to continue to operate, or which could impede or limit the ability of a user to use the Bitagora Platform in one way or another.
It is possible that alternative Bitagora-based networks could be established, which utilize the same open-source source code and open-source protocol underlying the Bitagora Platform. The Bitagora network may conflict with these alternative Bitagora-based networks, which could potentially negatively impact the Bitagora Platform.
The User recognizes that the Bitagora Platform is under development and may undergo significant changes in the future. The User acknowledges that any expectations regarding the form and functionality of the Bitagora Platform held by the User may not be met upon future releases of new versions of Bitagora Platform, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Bitagora Platform.
The Bitagora Platform rests on open-source software, and there is a risk that the Bitagora Team, or other third parties not directly affiliated with Bitagora, may introduce weaknesses or bugs into the core infrastructural elements of the Bitagora Platform causing the system to be unstable or unreliable in one or more situations or uses.
Cryptography is an art, not a science. And the state of the art can advance over time. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to the Bitagora Platform, which could result in vulnerabilities to its network. To the extent possible, the Bitagora Team intends to update the protocol underlying the Bitagora Platform to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or guarantee that any security updates will be made in a timely or successful manner.
As with other applications based on cryptographic technology, the blockchain underlying the Bitagora Platform is susceptible to attacks. Any successful attack presents a risk to the Bitagora Platform, expected proper execution and sequencing of voting transactions, and expected proper execution and sequencing of poll computations. Despite the efforts of the Bitagora Team, known or novel network attacks may be successful.
We recommend any groups handling large or important polls using the Bitagora Platform to ensure a sufficient number of active Bitagora validator nodes before launching their poll. In case the integrity of the network is at risk due to issues in the clients, we will endeavor to publish patches in a timely fashion to address the issues. We will endeavour to provide solutions within a reasonable waiting period.
Bitagora is finally not liable for: unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, lack of energy, any similar unforeseen event that renders performance implausible.
THE USER EXPRESSLY KNOWS AND AGREES THAT THE USER IS USING THE BITAGORA PLATFORM AT THE USER’S SOLE RISK. THE USER REPRESENTS THAT THE USER HAS AN ADEQUATE UNDERSTANDING OF THE RISKS, USAGES AND INTRICACIES OF CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED OPEN SOURCE SOFTWARE, AND THE BITAGORA PLATFORM IN PARTICULAR. THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO RISKS OF, USE OF, OR INABILITY TO USE THE BITAGORA PLATFORM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NEITHER BITAGORA NOR BITAGORA TEAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO A USER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE INJURY ARISING FROM ANY WILLFUL MISCONDUCT OR FRAUD ON THE PART OF BITAGORA.
Bitagora may revise this Agreement at any time without notice, and such revisions will be effective upon being posted on Bitagora’s website (https://bitagora.cc). Links to the updated version of the Terms will be provided in the software distributions of Bitagora Node and Bitagora Booth, as well as in any websites under administration of the Bitagora Team.
Last modified on: June 23, 2018