Terms of Use

Introduction
‍
Dharma Initiative AG (Dharma)  is a full-service software development and marketing agency specializing in cutting-edge technology and creative solutions. Our team leverages expertise in blockchain, AI, and cloud innovation to deliver market-ready products that captivate audiences and generate results (hereinafter collectively referred to as “Dharma”). These Terms of Service (hereinafter referred to as the “Terms”) apply to your use of this website and affiliated websites, services we provide to you (hereinafter referred to as the “Website” or collectively “Websites”).
‍
Dharma Initiative AG (Dharma)  requires that all visitors to this Website owned, operated, licensed, and controlled by Dharma Initiative AG (Dharma) adhere to the Terms. Dharma Initiative AG (Dharma) may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database or content. Dharma Initiative AG (Dharma) may also impose limits on certain features and services and/or restrict your access to parts or all of the Website without notice or liability of any kind. 
‍
This Website provides users with access to a collection of resources, including access to certain service deliverables, articles, and insights for general informational purposes. The Content (as such term is defined below) is to be used solely as a research tool and not as specific guides for action. YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND THE CONTENT IS PROVIDED “AS-IS” AND YOU ASSUME FULL RISK FOR ANY AND ALL USE OF THIS WEBSITE AND FOR ANALYSIS OF THE CONTENT. You may not use this Website or the Content for any illegal purpose or in any manner inconsistent with these Terms. We make every effort to ensure that the Content on this Website is accurate and up to date, however accuracy cannot be guaranteed.
‍
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Website. No installation, implementation, customization, consultation, support or similar services are included within the scope of these Terms.
‍
Modifications to Website
‍
We reserve the right at any time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
‍
Copyright/ Restrictions on use of Content
‍
The content, including but not limited to the written materials, images, audio, video and all other materials and information on this Website (hereinafter referred to as the “Content”) is the intellectual property of Dharma Initiative AG (Dharma) or republished by Dharma Initiative AG (Dharma) under limited exceptions to the copyright laws. All rights of Dharma Initiative AG (Dharma) or other copyright holders are reserved. Content from this Website may only be used, copied, and/or reproduced for internal business informational purposes. In no event may it be used for the commercialization of any product, service or entity, or released to the general public. You agree that if you download any Content that you will assure that the Content is used only as permitted by these Terms. You also agree that you will not change any Content or create your own derivative work from any Content. Any other use of or link to the Content on this Website, including reproduction for purposes other than those noted above, without the prior written permission of Dharma Initiative AG (Dharma)  is strictly prohibited. You may seek our permission by writing to Dharma Initiative AG (Dharma) at hello@dharma.sh. If permission is granted by us (or by other entities with an interest in the relevant intellectual property), you may not change or delete any author attribution, trademark, legend or copyright notice. In the event that you are given authority to use any Content, your use of any Content should be attributed to Dharma Initiative AG (Dharma) or the author if specified.
‍
Where copyright for any Content is not owned by Dharma, the source of this Content is provided (hereinafter referred to as the “Third-Party Content”). Any copying, republication or redistribution of Third-Party Content whatsoever is expressly prohibited. Thus, should you wish to use any Third-Party Content you are responsible for seeking appropriate approvals from the copyright owner.
‍
If you use Content from this Website in violation of these Terms you may be subject of damages for the copyright violation under federal statutes.
‍
Trademarks/ Logos
‍
This Website contains many valuable trademarks, names, titles, logos and other proprietary materials owned and registered by Dharma Initiative AG (Dharma) and its affiliates (hereinafter referred to as the “Trademarks”). Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. All other trademarks appearing on the Website are trademarks of their respective owners and nothing contained on this Website should be construed as granting any license to use the trademark owned by any other third party. Our reference to any third-party trademarks does not imply or indicate any approval or endorsement by their owners, or Dharma’s approval or endorsement of the owners or their products or services.
‍
Linked Sites
‍
This Website may include links to other sites which are not maintained by Dharma. Dharma Initiative AG (Dharma)  is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Dharma Initiative AG (Dharma)  of the sites or any products or services referred to therein. Dharma Initiative AG (Dharma)  may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Website. If you decide to access any third-party site linked to the Website, you do so entirely at your own risk and Dharma Initiative AG (Dharma) shall have no liability for any loss or damage arising from your use of any such site.
‍
Notification of Alleged Infringement of Copyright or Other Intellectual Property Rights
In order to promptly address claims of alleged infringement of intellectual property rights, we have established the following procedures. If you are the owner of copyright or other Intellectual Property Rights, or have been authorized to act on behalf of the owner of such rights, and you believe your rights have been or are being infringed, please notify us immediately. Notice should be in writing and should be sent by fax or regular mail (not by email) to the following address: hello@dharma.sh. 
‍
Notices should include the information set forth below.
 
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyrights or other Intellectual Property Rights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. 
‍
To expedite our ability to process your request, please use the following format (including section numbers): (i) Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, “The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html”; (ii) Identify the material that you claim is infringing the copyrighted work listed in item (i) above. Identify each page that allegedly contains infringing material by providing its URL; (iii) Provide information reasonably sufficient to permit us to contact you (email address is preferred); (iv) Include the following statement: “I have a good faith belief that use of the copyrighted materials as described above is not authorized by the copyright owner, its agent, or the law”; (v) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;(vi) Sign the paper; and (vii) Send the written communication to our designated contact at hello@dharma.sh. 
Failure to include all of the above information may result in a delay of the processing the notification.
‍
Notification of Alleged Unlawful Activities
‍
If you believe in good faith that any unlawful activity is taking place on or through this Website or that any unlawful information has been submitted or uploaded on or to this Website, please promptly report the same to us by sending written notice by fax or regular mail (not by email) to the following address: hello@dharma.sh. Please include the following information in your Notice of Unlawful Activity: (i) your full name, address, telephone number and email address; (ii) full details of the location on this Website of the material or information in question (including the URL of the link shown on the Website where such material or information may be found); and (iii) full details of the unlawful nature of the activity or material or information in question.
‍
What we will do when we receive a Notice of Infringement or Notice of Unlawful Activity
If we receive full and proper notification of an alleged infringement of Intellectual Property Rights or of any unlawful activity occurring on or through this Website or of any unlawful information being submitted or uploaded on or to this Website, we will take such action which we believe to be appropriate in the circumstances. Without limiting the foregoing, we will make an attempt to secure the voluntary take down of the Content which is the subject of any Notice of Infringement or Notice of Unlawful Activity. In any event, we reserve the right, in our sole discretion and without notice to any User, to: (i) delete, move, edit and/or disable access to any Content which is the subject of any Notice of Infringement or Notice of Unlawful Activity; or (ii) terminate access of any User whose Content is the subject of any Notice of Infringement or Notice of Unlawful Activity.
‍
Termination
‍
You understand that we may in our sole discretion terminate your ability to use this Website if you violate these Terms. You may terminate these Terms by destroying all materials obtained from this Website and all related documentation and all copies and installations. Dharma Initiative AG (Dharma) may terminate these Terms immediately without notice if, in its sole judgment, you breach any of these Terms. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of these Terms without the written approval of Dharma, provided, however, that Dharma Initiative AG (Dharma) shall retain all rights, including all copyright rights and the right to use Postings as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
‍
Disclaimer
‍
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
‍
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
‍
2. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE CONTENT OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR(vi) THAT THIS WEB WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
‍
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
‍
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
‍
5. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
‍
6. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Dharma Initiative AG (Dharma) AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
‍
Limitation of Liability
‍
11.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
‍
11.2. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);(ii) ANY LOSS OF GOODWILL;(iii) ANY LOSS OF OPPORTUNITY;(iv) ANY LOSS OF DATA SUFFERED BY YOU; OR(v) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Dharma Initiative AG (Dharma) WITHIN THE LAST 12 MONTHS.
‍
11.3. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;(ii) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;(iv) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
‍
11.4. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES (UNLESS EXPLICITLY AUTHORIZED OTHERWISE UNDER THESE TERMS), AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
‍
11.5. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
11.6. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
‍
11.7. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
‍
11.8. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
‍
11.9. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Dharma Initiative AG (Dharma) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Dharma Initiative AG (Dharma) DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $10 000 (TEN THOUSAND AMERICAN DOLLARS). FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
‍
11.10. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
‍
Indemnification
‍
You agree to defend, indemnify and hold harmless Dharma Initiative AG (Dharma)  and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with:
(i) your use or any user on behalf of you of Websites;(ii) any actual or alleged violation or breach by you or any user on behalf of you  of these Terms of Use;(iii) any actual or alleged breach of any representation, warranty, or covenant that you or any user on behalf of you have made to us; or(iv) your or any user on behalf of you acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
‍
12.1. Indemnification Procedure. The indemnified party will promptly notify the indemnifying party of all claims of which it becomes aware and will: (a) provide reasonable cooperation to the indemnifying party at the indemnifying party’s expense in connection with the defense or settlement of all claims and (b) be entitled to participate at its own expense in the defense of all claims. The indemnified party agrees that the indemnifying party will have sole and exclusive control over the defense and settlement of all claims provided. The indemnifying party will not acquiesce to any judgment or enter into any settlement, either of which imposes any obligation or liability on an indemnified party, without the indemnified party's prior written consent. THE INDEMNITIES ABOVE ARE YOU'S ONLY REMEDY UNDER THESE TERMS FOR A CLAIM OF A VIOLATION BY Dharma Initiative AG (Dharma) OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
‍
General Terms
‍
13.1. Governing Law and Dispute Resolution
These Terms of Use shall be construed in accordance with the laws of the U.S. without regard to its conflict of laws rules. Any legal proceedings against Dharma Initiative AG (Dharma) that may arise out of, relate to, or be in any way connected with our Websites shall be brought exclusively under the terms described in this section.
‍
13.1.1. Dispute resolution and mandatory Arbitration
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.
‍
13.1.2. Informal Process First. You agree that in the event of any dispute between you and Dharma, you will first contact Dharma Initiative AG (Dharma)  and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
‍
13.1.3. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (hereinafter collectively referred to as the "Claim") relating in any way to your use of Dharma's services and/or products, including the Services, or relating in any way to the communications between you and Dharma Initiative AG (Dharma)  or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Dharma. However, this arbitration agreement does not (a) govern any Claim by Dharma Initiative AG (Dharma) for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt-out of this arbitration agreement within thirty (30) days of the first of the date you access or use these Services by following the procedure described below.
You agree that the applicable laws govern the interpretation and enforcement of this provision and that you and Dharma Initiative AG (Dharma) are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to hello@dharma.sh.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the New York International Arbitration Center (or "NYIAC") under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from the NYIAC website (https://nyiac.org/) or by calling NYIAC at +1 917 300 9550.
‍
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
‍
If you do not want to arbitrate disputes with Dharma Initiative AG (Dharma) and you are an individual, you may opt-out of this arbitration agreement by sending an email to hello@dharma.sh within thirty (30) days of the first of the date you access or use the Services.
‍
13.2. Class Action Waiver. Where permitted under the applicable law, class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in such representative capacity are not allowed. Unless both you and Dharma Initiative AG (Dharma) agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
‍
13.3. Notices. Any notice required or permitted to be given hereunder shall be given in writing by personal delivery, email, or world-recognized courier delivery. Notices to you may also be sent to the applicable organization owner’s email address and are deemed given when sent. Notices to Dharma, in any case, must also be sent to hello@dharma.sh and are deemed given the next business day from such notification.
‍
13.4. System Requirements. Use of the Services by the you may require certain system requirements as may be described in the Dharma Initiative AG (Dharma)  documentation, which are subject to change at the sole discretion of Dharma. The specification of system requirements does not form part of Dharma’s obligations under this Terms. You shall be solely responsible for obtaining any and all compatible systems required to operate or use the Services. Dharma Initiative AG (Dharma)  is not responsible for problems, conditions, delays, failures, and other loss or damages arising from You not complying with the system requirements and/or related to your network connections and telecommunication links or caused by the Internet.
‍
13.5. Communication. When communicating with our You support or other representatives or employees, you agree to be respectful and kind. If we, at our reasonable discretion, feel that your behavior towards any of our representatives or employees is threatening or offensive at any time, we reserve the right to immediately terminate your account.
‍
13.6. Acknowledgement. You agree that the exclusions and limitations specified in these Terms apply even if the remedies are insufficient to cover all of your losses or damages or fail of their essential purpose and that without these limitations, the fees for the services would be significantly higher. Except with respect to infringement or misappropriation by either party of any of the other party’s intellectual property rights, neither party may commence any action or proceeding under these Terms more than two years after the occurrence of the applicable cause of action.
‍
13.7. Data Protection. You are responsible for obtaining any consents in accordance with applicable data protection laws from its end users and (or) providing all necessary information to its end users relating to the processing of their personal data. Our Privacy Policy is published on our Website. By using the Website, you acknowledge, represent, and warrant that they read and understood the Privacy Policy.
‍
13.8. Entire Agreement. These Terms constitute the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all previous communications, representations, understandings, arrangements, and agreements, either oral or written, between the parties with respect to the subject matter thereof. All documents referenced in or attached to these Terms are hereby incorporated herein by reference and shall form an integral part of these Terms.
‍
13.9. Independent Contractors. Nothing in these Terms shall be considered as grounds for partnership, agency, distribution, joint venture, or similar relationship between you and Dharma.
‍
13.10. Assignment. Neither party shall assign these Terms or any right or interest under these Terms nor delegate any obligation to be performed under these Terms without the other party's prior written consent. Dharma Initiative AG (Dharma)  may assign its rights and obligations under these Terms without the yours consent, provided that prior notice is given: (1) to an affiliate at any time, or (2) to a designated third party solely in connection with a corporate reorganization, merger, acquisition, or the sale or transfer of all or substantially all of its assets.
‍
13.11. Force Majeure. If either party is prevented from performing any portion of these Terms (except for payment obligations) by causes beyond its reasonable control, including, without limitation, failures of telecommunication or internet service providers, labor disputes, civil commotion, war, governmental regulations, or controls, casualty, inability to obtain materials or services or acts of God, such defaulting party will be excused from performance for the period of the delay and for a reasonable time thereafter.
‍
13.12. Waiver. The failure by either party to exercise or the delay in exercising any right or remedy provided by these Terms or by applicable law shall not constitute or be construed as a waiver of that right or remedy, a waiver of any other right or remedy, or in any way affect the validity of these Terms.
‍
13.13. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
‍
Contacts Regarding Dharma Initiative AG (Dharma) Services
Dharma Initiative AG (Dharma) has designated a single point of contact (please direct requests to hello@dharma.sh).
‍
Please ensure all requests meet the requirements of the Terms and are made in English (or, at a minimum, an English translation is provided).