Terms & Conditions of Use

Last updated: 22nd, August 2022

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“ Privacy Policy”) carefully because they govern your use of our sites located at developerdao.com, and all associated sites, domains, subdomains, communications channels, addresses and directories (the “Sites”) and any of Developer DAO’s websites, materials, marketplaces, stores, products, services, hackathons, presentations or other provided services (“ Services”) and describe Your rights and obligations and our disclaimers and limitations of legal liability.

Agreement to Terms. By accessing, using, participating in, or receiving any of the Sites or Services, or clicking “I agree” to these Terms, or otherwise acknowledging these Terms, You accept and agree to be bound by and to comply with these Terms. If You do not agree to these Terms, You shall avoid accessing or using our Sites or the Services. Further, core aspects of Our Services may be controlled by, affected by, or subject to Developer DAO and the indeterminate tokenholders thereto who govern and control Developer DAO as well as the sub-DAOs thereto. The actions, products, communications and services of Developer DAO and the sub-DAOs thereto are entirely subject to the actions of the aforementioned indeterminate tokenholders. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use, and share your information. Changes to the Terms or the Sites and Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Sites. It’s important that you review the Terms whenever we update them or you use the Sites and Services. If you continue to use the Sites and Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site and Services anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion. Who may use the Sites and Services?You may use the Sites and Services only if you are 18 years or older and capable of forming a binding contract with the Developer DAO Foundation, and not otherwise barred from using the Site and Services under applicable law. The Developer DAO Foundation Intellectual Property.We may make available through the Sites and Services that are subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that content. General Prohibitions and Developer DAO Foundation’s Enforcement Rights.You agree not to do any of the following:

Use, display, mirror, or frame the Site or any individual element within the Sites and Services, Site’s name, any Developer DAO Foundation trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Developer DAO Foundation’s express written consent; Access, tamper with, or use non-public areas of the Sites and Services, Developer DAO Foundation’s computer systems, or the technical delivery systems of Developer DAO Foundation’s providers; Attempt to probe, scan, or test the vulnerability of any Developer DAO Foundation’s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Developer DAO Foundation or any of Developer DAO Foundation’s providers or any other third party (including another user) to protect the Sites and Services; Use the Sites and Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites and Services;

Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. The Developer DAO Foundation is not obligated to monitor access to or use of the Sites and Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Sites and Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Sites and Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources.The Sites and Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources. Termination.We may suspend or terminate your access to and use of the Sites and Services at our sole discretion at any time and without notice to you. Upon any termination, discontinuation, or cancellation of these Terms or the Sites and Services, the following Sections will survive 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15. Geographic Restrictions. The Developer DAO Foundation is based in the Cayman Islands. We make no claims that the Sites and Services or any of its content is accessible or appropriate outside of the Cayman Islands. Access to the Sites and Services may not be legal by certain persons or in certain countries. If you access the Sites and Services from outside the Cayman Islands, you do so on your own initiative and are responsible for compliance with local laws. Warranty Disclaimers.

Developer DAO Foundation does not operate an exchange platform of any kind or offer trade execution or clearing services with respect to traditional or digital assets and therefore has no oversight, involvement, or control with respect to Your transactions pursuant to the Sites or Services or any Distributed Ledger Technology. You are responsible for complying with all Applicable Law and regulations applicable to Your transactions. Developer DAO Foundation does not own or control the underlying software protocols that are used in connection with the Sites and Services, including but not limited to the Ethereum network and Ether tokens and CODE Tokens. In general, the underlying protocols on which the Services are based are open-source and anyone can use, copy, modify, and distribute them. The Developer DAO Foundation is not responsible for the operation of the underlying protocols, and the Developer DAO Foundation makes no guarantee of their functionality, security, or availability. To the maximum extent permitted under Applicable Law, the Sites and the Services (and any of their content or functionality) provided by or on behalf of Us are provided on an “AS IS” basis, and we expressly disclaim, and You hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, We do not represent or warrant that the Sites or the Services (including any related data) will be uninterrupted, available at any particular time or error-free. We do not warrant that errors in the Sites or the Service are correctable or will be corrected beyond good faith measures by Us, to the extent possible and practical.

You acknowledge that Your data on the Sites or through the Services may become permanently lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, 51% attacks, software failures, lost private or public keys, viruses or other technologically harmful materials (including those which may infect Your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. The disclaimer of implied warranties contained in these Terms may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which You reside. Indemnity.You will indemnify and hold The Developer DAO Foundation and its officers, directors, supervisors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site and Services, or (b) your violation of these Terms. Limitation of Liability.

The Developer DAO Foundation, together with any Indemnitee, shall not in any event be liable for any incidental, indirect, special, punitive, exemplary, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue or other business or financial benefit) arising out of or in connection with any of the Sites and/or Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, Your Distributed Ledger Technology assets, other digital assets or any other product, service or other item provided by or on behalf of an Indemnitee, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not any Indemnitee has been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy nor is The Developer DAO Foundation in any way responsible for the execution or settlement of transactions between users of the Services. In no event will the Indemnitees' aggregate liability arising out of or in connection with the Sites and the Services (and any of their content and functionality), any performance or nonperformance of the Services, Your Distributed Ledger Technology assets, other digital assets or any other product, service or other item provided by or on behalf of an Indemnitee, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of the fees paid by You to us under these Terms in the one year period immediately preceding the event giving rise to the claim for liability. Governing Law and Forum Choice.These Terms and any action related thereto will be governed by the laws of the Cayman Islands, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the courts located in the Cayman Islands, and you and the Developer DAO Foundation each waive any objection to jurisdiction and venue in such courts. General Terms.

Reservation of Rights.The Developer DAO Foundation and its licensors exclusively own all rights, titles and interests in and to the Sites and Services, including all associated intellectual property rights. You acknowledge that the Sites and Services are protected by copyright, trademark, and other laws of the Cayman Islands and other jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sites and Services. Entire Agreement.These Terms constitute the entire and exclusive understanding and agreement between the Developer DAO Foundation and you regarding the Sites and Services, and these Terms supersede and replace all prior oral or written understandings or agreements between the Developer DAO Foundation and you regarding the Sites and Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without the Developer DAO Foundation’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right without such consent will be null. The Developer DAO Foundation may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Notices.Any notices or other communications provided by The Developer DAO Foundation under these Terms will be given by posting to the Sites. Waiver of Rights.The Developer DAO Foundation’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Developer DAO Foundation. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information.If you have any questions about these Terms or the Sites and Services, please contact The Developer DAO Foundation at developerdaooperations@gmail.com.