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:
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.
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.
You represent and warrant that:
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.
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:
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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
These Terms comprise the entire agreement between you and Tide. They replace any previous agreements related to the Service.
If any provision is found invalid, the remainder of the Terms will continue in full effect.
Claims must be initiated within one (1) year from when they first arose.
For inquiries, contact Tide here.
By using or accessing the Service, you acknowledge that you have read, understood, and agree to abide by these Terms.