Terms of Use

Last updated: March 8, 2024

Access to any part of the website of Eraikey Labs Ltd, (hereinafter 'the Website'), any document, material or other information (hereinafter 'Information') made available on the Website and any of the services provided by Eraikey Labs Ltd (hereinafter 'Services') are governed by these terms and conditions of use (hereinafter 'Terms').

You acknowledge that you are able to enter into a legally binding contract online as an individual, and are at least eighteen years old . If you are accepting these Terms on behalf of a company or other legal entity, you must have full legal authority to bind this entity to these Terms.

BY USING THIS WEBSITE AND SERVICES FROM ERAIKEY LABS LTD, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS OR CONDITIONS PROVIDED HEREIN, PLEASE DO NOT USE THIS WEBSITE OR SERVICES FROM ERAIKEY LABS LTD HEREIN.

Eraikey Labs Ltd (hereinafter 'we', 'us', 'our', or 'Eraikey') may amend these Terms and any other specific terms on the Website at any time by posting amended terms and conditions on the Website.

1. Services

1.1 Security audits, Application design and Strategy Consulting

These services (hereinafter 'Paid Services') will be performed in accordance with these Terms, and with the additional terms defined in the relevant Statement of Work.

1.2 Open-Source Services

We publish publicly available open-source software code (hereinafter 'Free Services'). Upon using or forking such code, you acknowledge that you must comply with, any applicable open-source licences that govern such open-source software. These Licenses will be included in a “LICENSE” file in the related Eraikey repository on GitHub.

2. Use Restrictions

You agree that you will not use the Services to: (i) perform unlawful activities or violate any applicable law; (ii) license, sublicense, sell, resell, rent, lease, transfer, distribute, modify proprietary markings, provide access, or otherwise commercially exploit, or make the Services available to any third-party, except as expressly authorised by these Terms; (iii) infringe on any proprietary right of any party; (iv) knowingly provide false information regarding the truthfulness, sourcing or reliability of any content on the Site or through the Services; (v) interfere with, or inhibit other users from fully enjoying the Website; (vi) damage, or impair the functionality of the Website, or Services; (vii) attempt to access any area of the Website or the Services that you are not authorized to access; (viii) copy, modify, or create derivative works of the Services; (ix) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site or Services or to extract data. This includes, but is not limited to, using the Content or the Services in conjunction with algorithm training, output generation, and/or any form of artificial intelligence tool; (x) transmit content through the Services that are, in our sole discretion, defamatory, profane, obscene, pornographic, sexually explicit, indecent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, fraudulent, deceptive or otherwise objectionable; (xi) transmit content through the Services that contain unsolicited promotions, political campaigning, or commercial messages or any other form of unauthorized solicitation; or (xii) develop a competitive product or Service

3. Prohibited Use

You represent and warrant that: (i) you are not a citizen or resident of a state, country, territory, or other jurisdiction that is subject to UN sanctions, or the European Union sanctions; (ii) you are not barred from using the Services under the laws of the state, country, territory, or other jurisdiction in which you are resident or from which you use the Services(iii) you are not a person on the Consolidated List of persons, groups and entities subject to EU financial sanctions. Any attempt to circumvent the restrictions on usage will be deemed a breach of these Terms. By using the Services, you acknowledge that you are responsible for compliance with applicable law.

4. Proprietary Rights

All text, graphics, logos, and information (the "Content")contained in this website are the exclusive property of Eraikey Labs Ltd or its licensors and are protected by copyrights, trademarks, rights on the person’s image and other laws (the "Intellectual Property Rights"). You may not reproduce, reverse engineer, modify, distribute, transmit, or post the Content without our prior written permission. We hereby grant you a limited, non-exclusive, personal, non-transferable right to access and use the website for the sole purpose of internal, business use, in all cases subject to these Terms.

You may use Eraikey’s name and logo to refer to your use of the Services in accordance with these Terms, provided that you will not misrepresent or distort the relationship between us. You must immediately cease use of our name and logo upon receipt of a written request from us.

All images and the Eraikey Labs Ltd logo were designed by Filipa Gaspar

5. General Disclaimers

The Content does not engage any relationship between you and us. We are not responsible for your use of the Content or the Services. The Content and the Services are provided "AS IS". We disclaim, and you hereby waive, all warranties, express of implied, including, without limitation, implied or legal warranties of merchantability, quality or fitness for a particular purpose.

We do not represent or warrant that the Website or the Services will be uninterrupted, available at any particular time or error-free.

You acknowledge that you assume all risks associated with the use of the Services, including but not limited to the risks and costs of errors, damage to or loss of data, systems, unavailability or interruption of operations, and compliance with applicable laws,.

6. Disclaimers related to Blockchain Technology

Blockchain technology and related decentralized technologies are emerging innovations that carry security, financial, technical and legal risks. You acknowledge and agree that you have sufficient knowledge to use the Services, and are aware of the foreseeable and unforeseeable risks associated with blockchain technology and the use of the Services and you assume such risks.

You acknowledge and agree that the Services could be impacted by changes in law, regulations, or legal actions, which could limit or prevent our ability to continue to offer the Services, or which could limit or prevent your ability to access or use the Services, and you assume such risk.

As part of the Security Audits, we produce reports and other materials summarizing the security analysis of certain Protocols (“Reports”). Reports are only made publicly available with consent from the Protocol team. Reports content is current as of the date appearing on the Report and are subject to change without notice. The Reports do not constitute representations or warranties by Eraikey in any respect, including regarding the security of such Protocol. You assume full responsibility and risk of liabilities, losses, or damage resulting from relying on the Reports in any way, including, but not limited to, making any decisions to use a Protocol, or their products or services, or investing in a Protocol.

7. Indemnification

You hereby agree to defend, indemnify, and hold harmless Eraikey, our officers, directors, employees, contractors, affiliates, agents, licensors, suppliers, successors, service providers, and assigns from and against any claims, lawsuits, actions, investigations, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) incurred as a result of: (i) a violation of these Terms; (ii) your use of the Services; (iii) your use of any information obtained from the Services; (iv) your violation of applicable laws or regulations. If you are obligated to indemnify Eraikey, we will have the right, in its sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.

8. Limitation of Liability

In no event will Eraikey, our officers, directors, employees, contractors, affiliates, agents, licensors, suppliers, successors, service providers, and assigns, be liable for any damages or liabilities whatsoever,including, but not limited to, lost data, lost revenues, lost profits, lost sales or business, work stoppage, computer failure or malfunction, or lost content arising out of or in any way connected with these Terms, the Website and the use of the Services, 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 we or any other parties have been informed 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.

You acknowledge and agree that Eraikey is not responsible or liable in any way for damages caused by third parties who may use the Services.

You acknowledge and agree that Eraikey's liability for any and all causes of action arising out of or in connection with the Website, or your use of the Services will be limited in each year (each such year commencing on the date of the event giving rise to the claim) to the amount of fees that you have paid in connection with your use of the Services giving rise to the claim during such year.

To the extent permitted by applicable law, in consideration for being allowed to use the Website or the Services, you hereby release and forever discharge Eraikey, our officers, directors, employees, contractors, affiliates, agents, licensors, suppliers, successors, service providers, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website or the Services. YOU HEREBY WAIVE ANY APPLICABLE PROVISION IN LAW OR REGULATION IN CONNECTION WITH THE FOREGOING, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

9. Modifications of these Terms

We reserve the right to amend each and every element of the Terms at any time. If we do so, we will provide you with notice of such changes by sending an electronic mail, providing a notice through the Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, any modifications are effective immediately, and your continued use of the Website or the Free Services will confirm your acceptance of the changes. If you are currently using the Paid Services, the new Terms will apply upon making payment based on signing a Statement of Work that references the updated Terms.

10. Notice of infringement

You can contact us regarding any intellectual property rights infringement at legal@eraikey.com

11. Third Party Content

We may provide you with links to third party websites as well as other forms of third-party content . We accept no responsibility for any third party content and do not guarantee the accuracy of any information available through such content.

12. Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Eraikey and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. In addition, arbitration precludes you from suing in court or having a jury trial.

You and Eraikey agree that any dispute or claim arising out of or related to these Terms or the Services is personal to you and Eraikey and that any dispute will be resolved solely by binding, individual arbitration, and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Eraikey waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court.

You and Eraikey agree that the enforceability of these Terms will be substantively and procedurally governed the JAMS International Arbitration Rules. This arbitration provision shall survive termination of these Terms.

As limited exceptions: (i) small claims disputes in which you or Eraikey seeks to bring an individual action in small claims court located in the applicable jurisdiction where you reside; (ii) disputes in which you or Eraikey seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property. (iii) disputes in which you or Eraikey seeks injunctive or other equitable relief for exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Either party may start arbitration by submitting a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You agree to first contact Eraikey and attempt to resolve any claim informally prior to submitting any Demand for Arbitration for a maximum of thirty (30) days, by sending a written notice of your claim to Eraikey by electronic mail at legal@eraikey.com. Any arbitration hearings will take place in Cyprus. The parties agree that the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

You and Eraikey agree that the courts of Cyprus have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Eraikey will not have the right to assert the claim.

If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from these Terms whose remainder whose remainder will be given full force and effect.

If any portion of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be given full force and effect.

13. Governing Law and Jurisdiction

You accept that the interpretation of these Terms and any disputes relating to the use of the Website or the Services will be governed by and construed in accordance with Cyprus law, as applicable, without regard to its conflict of principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the courts located in Cyprus will have exclusive jurisdiction. You waive any objection to venue in any such courts.

14. Electronic Notices

You consent to receive all communications, agreements, documents, invoices, receipts, notices, and disclosures electronically via the electronic mail address you used to contact us. Any notice to Eraikey shall be sent by electronic mail at legal@eraikey.com.

15. Miscellaneous terms

These Terms do not create or imply any business relationship between you and Eraikey. No right or cause of action for any third party is created by these Terms.

We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Eraikey's prior written consent, and any unauthorized assignment and delegation by you is void.

Our failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

We assume no responsibility or liability for any failure or delay in performance of the Website or the Services, or any loss or damage that you may incur, due to events of Force Majeure or events beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, fire, strike, blockade, riot, war, insurrection, act of terrorism, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

These Terms may conflict with a contractual agreement between you and Eraikey. The order of precedence is as follows: (i) any Statement of Work, change order, or contractual agreement signed by the parties; (ii) the Terms;

These Terms supersede any prior agreement regarding its subject matter. If you have another valid contractual agreement for the use of the Services, these Terms will control your rights to use the Website and the Services that are not explicitly covered by such separate agreement(s).