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Source: SwissAnwalt
GTC – General Terms and Conditions
d3akash.cloud is a akash.network service provider who is run as a private-lab-service that serves the akash community (https://akash.network/community) as primary test and verification service and for educational purposes. d3akash.cloud is not meant for production, mission critical or any other high available and high risk services. By using the d3akash.cloud provider with the akash network id akash1u5cdg7k3gl43mukca4aeultuz8x2j68mgwn28e you are accepting the following general terms and conditions.
1. Conclusion of the contract
1.1 These General Terms and Conditions (hereinafter: “GTC”) govern the mutual rights and obligations of d3akash.cloud, Sonnenweg 5b, CH-4912 Aarwangen (hereinafter: “d3akash.cloud”) on the one hand and the customer of d3akash.cloud (hereinafter: “Customer”) on the other hand.
These GTC serve as a contractual basis and apply to all contracts between the parties even without express reference. Any terms and conditions of business or purchase of the Customer shall be deemed waived. Agreements that deviate from these GTC, including this written form clause, must be made in writing.
1.3 d3akash.cloud is entitled to adapt the present GTC and services as far as d3akash.cloud considers this reasonable for technical reasons or due to market developments and the interests of the customer – in particular the adequacy of performance and consideration – are not unreasonably affected.
2. Commencement, duration and termination of the service contract
2.1 The contract with D3akash.cloud for the use of services of D3akash.cloud comes into effect with the conclusion of a valid digital contract by the Akash network (hereinafter: “Akash”; www.akash.network) via the d3akash.cloud party with the number akash1u5cdg7k3gl43mukca4aeultuz8x2j68mgwn28e.
2.2 Unless otherwise agreed in the service contract, the service contract is concluded for the contract term specified at the time of the order. Billing shall be carried out in accordance with Akash’s system terms and conditions.
2.3 Both parties may terminate the service contract at any time with immediate effect. This applies in particular if the available services of d3akash.cloud or the third-party services obtained by means of this service are obtained, used, made accessible to unauthorized third parties or passed on in violation of the law, the contract or the purpose, as well as if the terms of use of d3akash.cloud or third parties are disregarded.
2.4 In case of termination of the contract without notice or in due time, d3akash.cloud will delete all data of the customer on its systems after a 5-day security period. The customer is responsible for a timely backup of his data.
3. Services of d3akash.cloud
3.1 The service obligation of d3akash.cloud, results from the service descriptions of an Akash provider.
3.2 The internet is a worldwide system of independent, interconnected networks and computers. d3akash.cloud only has influence on those systems that are in its network and therefore cannot guarantee error-free services.
3.3 d3akash.cloud provides the services to the best of its knowledge and belief and in accordance with the current state of the art. The services are generally available for use by the Akash community 24 hours a day, 7 days a week. d3akash.cloud cannot, however, guarantee that the services will function without interruption or disruption or that its network will be absolutely protected against unauthorized access or unauthorized interception. In the event of disruptions in the provision and use of services, the subscriber shall only have the right to withdraw from this contract. There can be no announced interruptions of services.
3.4 d3akash.cloud is not liable for service delays due to force majeure and due to events that make the service significantly more difficult or impossible for d3akash.cloud – as well as the failure of communication networks and gateways of other operators.
3.5 d3akash.cloud does not support the customer in establishing a stable state on his part.
3.6 The service level agreement is best effort.
3.7 d3akash.cloud does not accept any recovery claims from the customer.
4. Obligations of the customer
4.1 Upon conclusion of the contract, the customer automatically undertakes to accept and pay for the contracted services / products in accordance with Akash. The customer shall refrain from disseminating information and image material with illegal content. Prohibited are according to the Swiss laws in particular:
- calls for violence in the sense of Art. 259 StGB
- Racial discrimination within the meaning of Art. 261 StGB (Swiss Penal Code)
- instructions or incitement to criminal behavior
- Unauthorized gambling within the meaning of the Lotteries Act
- Defamatory statements about third parties or publications that violate personal rights
- Information that violates copyrights, related rights or other intellectual property rights of third parties.
- not to use the d3akash.cloud services to harm or harass third parties, in particular by unauthorized intrusion into third party systems (hacking), distribution of viruses of any kind or by unsolicited sending of e-mails (spamming, junk mail and the like)
- Content of an erotic nature must be protected from access by minors by means of suitable measures. The operation of so-called download sites is generally undesirable and must be clarified with the provider in advance.
- The operation of websites with copyrighted content (MP3, “Warez”, “Appz”) is prohibited, unless the operator is in possession of legally valid licenses that allow him to distribute in Switzerland. Such licenses are to be presented to d3akash.cloud upon request. d3akash.cloud reserves the right to block such content at its own discretion and to terminate the contract without notice, whereby no payments already made will be refunded.
- It is to be refrained from searching networks for open ports (accesses) of foreign computer systems;
- to cause unintentional replication of data (dupes, mail relaying) by configuring server services (such as proxy, news, mail and web server services);
- forge mail and news headers as well as IP addresses
5. Rights of use of software and product or service designations
5.1 Unless expressly agreed otherwise, the following provision applies to rights of use of software and product or service names with regard to the services managed by d3akash.cloud: The customer is granted a non-exclusive, temporally unlimited and non-transferable right to use software as well as product or service names for his own internal use. Supplementary regulations on the use of software are hereby included. The software may not be made available to third parties. For standard products of third parties, their license terms shall apply insofar as they contain further restrictions.
5.2 If, in deviation from Section 5.1 above, it is agreed that rights of use for software may be transferred to third parties, all copies must bear the original copyright notice and all other protective notices.
5.3 If claims for infringement of intellectual property rights are asserted in connection with the subject matter of the contract (software development or implementation of other projects), the customer is obliged to notify d3akash.cloud in writing within 5 calendar days. The customer is not allowed to take any legal action without prior consent of d3akash.cloud and to leave the defense against such claims to d3akash.cloud upon request, especially the conduct of a lawsuit, including the conclusion of a settlement.
5.4 If the use of the subject matter of the contract by the customer or parts thereof is prohibited by a court decision or if, in the opinion of d3akash.cloud, there is a threat of legal action due to the infringement of intellectual property rights, d3akash.cloud has the right to terminate the subject matter of the contract without notice or to demand repayment of any claims.
6. Prices, Remuneration, Terms of Payment, Retention of Title
6.1 All agreed prices for d3akash.cloud services are denominated in Akash Tokens (AKT) and are exclusive of value added tax and other public charges.
6.2 Payment terms are based on Akash’s automatic billing system and cannot be changed or influenced by d3akash.cloud. There will be an automatic, daily billing. For any objections, the customer must contact Akash directly.
6.3 The prices for the d3akash.cloud services result from the current automatic pricing. D3akash.cloud may make price changes at any time and without prior notice.
7. Right of set-off and retention, assignment, transfer
7.1 d3akash.cloud may offset its claim against counterclaims of the customer. The customer is not entitled to set off any counterclaims against claims of d3akash.cloud.
7.2 The customer agrees to waive the assertion of retention rights against d3akash.cloud.
7.3 All contractual rights and obligations are neither transferable nor can they be assigned to third parties, unless otherwise agreed.
8. Exclusion and limitation of liability
8.1 d3akash.cloud does not guarantee uninterrupted, trouble-free operation of its services, nor does it guarantee trouble-free operation at any particular time. Liability for interruptions of operation, especially for troubleshooting, maintenance or the introduction of new technologies is hereby excluded.
8.2 d3akash.cloud does not guarantee the integrity of the data stored or transmitted via its system or the Internet. Any warranty for accidental disclosure as well as damage or deletion of data sent and received via or stored in its system is excluded.
8.3 d3akash.cloud shall not be liable for any direct or indirect or consequential damages arising out of the use or inability to use the services provided by d3akash.cloud.8.4 d3akash.cloud is not liable in particular in the following cases:
- Direct or indirect consequential damages in case of malfunction of the d3akash.cloud infrastructure.
- Electronic messages that are not transmitted correctly, not transmitted at all, transmitted illegally or intercepted by third parties;
- Lack of or inadequate confidentiality of encrypted data.
- Processing errors in the handling of business transactions via the Internet (electronic commerce), in particular not transmission errors of credit card data or other payment information;
8.5 Any liability of d3akash.cloud and its vicarious agents for a specific technical or economic success, for indirect damages such as loss of profit, claims of third parties as well as for consequential damages from loss of production, loss of data and liability for slight negligence are expressly excluded, subject to further mandatory legal liability provisions.
8.6 d3akash.cloud is in no way obliged to check contents of customer offers for their legal conformity.
9. Data protection policy
Customer data is processed in accordance with the Swiss Data Protection Act. d3akash.cloud does not sell or rent customer data in whole or in part to third parties. Only data related to the Akash Network is stored within the akash service, which is necessary for the processing of the provider/customer relationship.
10. Confidentiality
10.1 The parties undertake to keep confidential any information of the contractual partner designated as confidential and not to make it accessible to third parties authorized by name.
10.2 d3akash.cloud is entitled to hand over customer addresses to third parties, namely criminal authorities, if illegal or immoral actions are detected.
11 Place of performance, place of jurisdiction, applicable law, miscellaneous
11.1 Place of performance is CH-4912 Aarwangen.
11.2 The exclusive place of jurisdiction for any disputes arising from or on the basis of these GTC or the customer contract shall be CH-4912 Aarwangen.
11.3 The contractual relations between the parties shall be governed exclusively by Swiss substantive law.
11.4 Should any provisions of these GTC be void or legally ineffective, the remaining provisions shall continue to apply. In this case, void or legally ineffective provisions shall be replaced by legally effective ones, the economic effects of which shall be as close as legally possible to those of the ineffective ones.
Last update : February 10th, 2024