Terms and Conditions

Last Updated: December 19, 2024

1. Legal Terms of Use

Acceptance of These Terms

Tide Foundation Ltd (“Tide”) operates a decentralized platform (“Tide’s Cybersecurity Fabric”) which may be integrated, amongst others, with TideCloak, an open-source Identity and Access Management (IAM) system. Tide’s licensing mechanism, such as the one available via the TideCloak administration tool, enables users to leverage Tide’s Cybersecurity Fabric as a service to manage cryptographic keys and control access to resources within their applications (collectively, the "Service"). The Service includes features, tools, and materials enabled through this licensing mechanism.

By accessing or making use of the Service you:

1. Confirm you accept and agree to be bound by the terms and conditions stipulated in this document (“Terms”);

2. Consent to the gathering, usage, disclosure, and any other handling of information in accordance with our Privacy Policy; and

3. Acknowledge any additional terms, rules, or conditions of participation that Tide may occasionally establish.

If you do not agree to these Terms, you may not use or access the Service or any associated features, tools, or materials provided through it.

Changes to the Terms of Use

Except for Binding Arbitration (Section 6), Tide reserves the right, at its sole discretion, to modify or update these Terms at any time. The latest version of these Terms will always be made available on Tide’s website and may be included within the licensing section of the administration tool in TideCloak. It is your responsibility to review any changes. Your continued use of the Service following any modification constitutes your acceptance of the revised Terms.

Eligibility

You represent and warrant that:

• You have reached the age of majority in your jurisdiction as needed to use and access the Service;

• Your use of the Service is permitted under all relevant laws of your jurisdiction; and

• You bear sole responsibility for ensuring such compliance.

2. Your Responsibilities and Obligations

Account Security and Passwords

When creating an account with Tide, you are solely responsible for safeguarding all confidential login details (in any form). You agree to maintain the confidentiality of any such credentials and not to share them with third parties. Tide cannot and will not be liable for any harm or damage resulting from your failure to uphold this obligation.

Indemnification

You agree to release, indemnify, defend, and hold harmless Tide, its parent entities, subsidiaries, affiliates, and agencies, as well as each of their officers, directors, employees, shareholders, and representatives, from and against any claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys’ fees and court costs) arising out of or connected to:

• Your use of the Service;

• Your breach of these Terms;

• Any acts or omissions by you that relate to publicity rights, defamation, or invasion of privacy; or

• Any regulatory, civil, or criminal action initiated against Tide due to your violation of applicable laws or misuse of the Service.

Tide may, at its own expense, take over the exclusive defense and control of any matter otherwise subject to your indemnification. If this occurs, you agree to cooperate with Tide in its defense.

3. User Risks and Responsibilities

Representations and Warranties

The Service, including any associated features, tools, or materials, is offered “AS IS” and “AS AVAILABLE,” without any guarantees or warranties of any kind, whether explicit or implied. You agree that Tide has no responsibility to manage or monitor:

• Which users access or utilize the Service;

• The impact of the Service's associated features, tools, or materials on you;

• How you interpret or act upon the associated features, tools, or materials; or

• What actions you take following exposure to the Service's features, tools, or materials.

Cryptographic Risks

Cryptography is an evolving field. Technological breakthroughs, such as quantum computing, could compromise the security of the Service or its associated features, tools, or materials. By using the Service, you accept these inherent risks.

Application Security

It is your sole responsibility to thoroughly review any code provided by the Service or any applications integrating with it. Applications that utilize the Service may contain vulnerabilities, bugs, or malicious components, whether introduced intentionally or inadvertently. Tide disclaims all liability for any damages, losses, or property theft arising from such applications, including but not limited to identity theft, data corruption, or other harms caused by misuse or negligence.

Regulatory Risks

You acknowledge that regulatory actions or inquiries in one or more jurisdictions may impact Tide’s ability to provide the Service, or your ability to access or use the Service. These potential developments are beyond Tide’s control, and Tide disclaims liability for any restrictions or disruptions resulting from such actions.

4. Termination and Suspension

Tide reserves the right to terminate or suspend, immediately and without notice, all or part of the Service and/or your access to the Service if you breach any part of these Terms. Once your access is terminated, your authorization to use the Service ends immediately.

The following sections survive any termination of these Terms: Indemnification, Representations and Warranties, Limitation of Liability, Binding Arbitration and Class Action Waiver, and General Information.

5. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND COULD BE INTERCEPTED OR ACQUIRED BY UNAUTHORIZED PARTIES. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIDE, ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;

• DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE;

• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

• STATEMENTS OR CONDUCT OF THIRD PARTIES WHILE USING THE SERVICE;

• ACTIONS WE TAKE OR FAIL TO TAKE BASED ON COMMUNICATIONS YOU SEND TO US;

• HUMAN ERRORS, TECHNICAL FAILURES, OR INTERRUPTIONS IN SERVICE;

• DEVICE OR NETWORK MALFUNCTIONS, INCLUDING LATENCY OR DEFECTS;

• THEFT, TAMPERING, OR UNAUTHORIZED ACCESS TO CONTENT OR DATA;

• DATA THAT IS LATE, INCORRECTLY PROCESSED, INCOMPLETE, OR LOST;

• ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SERVICE.

THIS DISCLAIMER APPLIES EVEN IF TIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Binding Arbitration and Class Action Waiver

Dispute Resolution

Before initiating legal proceedings or arbitration, you and Tide agree to engage in good faith negotiations to directly settle any disputes or issues. If these negotiations fail to resolve the matter, you and Tide agree that any and all disputes, claims, or controversies arising out of or related to these Terms, your relationship with Tide, or your use of the Service, shall be resolved exclusively through final and binding arbitration. This arbitration will be governed by the rules of the Australian Centre for International Commercial Arbitration (ACICA) and will take place in New South Wales, Australia. Arbitration proceedings will be conducted on an individual basis only.

An arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable. The arbitrator may grant any relief that would otherwise be available in court.

Opt-Out Option

You may opt out of arbitration within 30 days of first using the Service by notifying Tide in writing (see Contact Information). If you opt out, neither you nor Tide will be bound by this arbitration agreement. Disputes related to intellectual property rights or claims within the jurisdiction of small claims court are exempt from arbitration.

Class Action Waiver

To the fullest extent permitted by law, you and Tide agree that any arbitration or legal proceeding will be conducted on an individual basis only. You and Tide waive any right to bring or participate in a class, collective, or representative action. If a court or arbitrator determines that the class action waiver is unenforceable, then the entirety of this arbitration provision shall be null and void.

Enforcement of Arbitration

This arbitration agreement survives termination of these Terms and applies to any disputes arising from or relating to your use of the Service, even if your use of the Service ends.

7. General Information

Complete Agreement

These Terms comprise the entire agreement between you and Tide. They replace any previous agreements related to the Service.

Waiver and Severability

If any provision is found invalid, the remainder of the Terms will continue in full effect.

Statute of Limitations

Claims must be initiated within one (1) year from when they first arose.

Contact Information

For inquiries, contact Tide at .

By using or accessing the Service, you acknowledge that you have read, understood, and agree to abide by these Terms.