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metamask-extension/ui/components/app/terms-of-use-popup/terms-of-use-popup.js
Hakeemullah J. Yousufzai 1f0c0d041c
Update Button prop name type to variant (#18774) 
* Update Button prop name type to variant

* fix: lint errors on running test cases

* change remaining files

* change typo: BUTTON_VARIANTS to BUTTON_VARIANT

* fix: button.test.js lint errors

* update: button instances & import in remaing files

* fix: prettier warnings

---------

Co-authored-by: legobeat <109787230+legobeat@users.noreply.github.com>
Co-authored-by: Brad Decker <bhdecker84@gmail.com>
2023-04-26 11:17:25 -05:00

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import React, { useContext, useEffect, useRef, useState } from 'react';
import PropTypes from 'prop-types';
import { I18nContext } from '../../../contexts/i18n';
import Popover from '../../ui/popover';
import {
AlignItems,
FLEX_DIRECTION,
TextVariant,
Color,
TextColor,
} from '../../../helpers/constants/design-system';
import {
Text,
Button,
BUTTON_VARIANT,
ButtonLink,
Label,
} from '../../component-library';
import Box from '../../ui/box';
import CheckBox from '../../ui/check-box/check-box.component';
import {
MetaMetricsEventCategory,
MetaMetricsEventName,
} from '../../../../shared/constants/metametrics';
import { MetaMetricsContext } from '../../../contexts/metametrics';
export default function TermsOfUsePopup({ onAccept }) {
const t = useContext(I18nContext);
const trackEvent = useContext(MetaMetricsContext);
const [isTermsOfUseChecked, setIsTermsOfUseChecked] = useState(false);
const popoverRef = useRef();
const bottomRef = React.createRef();
const handleScrollDownClick = (e) => {
e.stopPropagation();
bottomRef.current.scrollIntoView({
behavior: 'smooth',
});
};
useEffect(() => {
trackEvent({
category: MetaMetricsEventCategory.Onboarding,
event: MetaMetricsEventName.TermsOfUseShown,
properties: {
location: 'Terms Of Use Popover',
},
});
// eslint-disable-next-line react-hooks/exhaustive-deps
}, []);
return (
<Popover
className="terms-of-use__popover"
popoverRef={popoverRef}
title={t('termsOfUseTitle')}
showScrollDown
onScrollDownButtonClick={handleScrollDownClick}
footerProps={{
justifyContent: AlignItems.center,
flexDirection: FLEX_DIRECTION.COLUMN,
}}
footer={
<>
<Button
variant={BUTTON_VARIANT.PRIMARY}
className="terms-of-use__button"
onClick={onAccept}
disabled={!isTermsOfUseChecked}
data-testid="terms-of-use-accept-button"
>
{t('accept')}
</Button>
<Text
as="p"
marginTop={4}
className="terms-of-use__footer-text"
color={TextColor.textAlternative}
>
{t('termsOfUseFooterText')}
</Text>
</>
}
>
<Box className="terms-of-use">
<Box
className="terms-of-use__content"
marginBottom={4}
marginLeft={4}
marginRight={4}
>
<Text variant={TextVariant.bodySm} marginBottom={4}>
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION
AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11.
PLEASE READ THE AGREEMENT CAREFULLY.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
ConsenSys Software Inc. (“ConsenSys,” “we,” “us,” or “our”) is the
leading blockchain software development company. With a focus on
utilizing decentralized technologies, such as Ethereum, our software
is powering a revolution in commerce and finance and helping to
optimize business processes. ConsenSys hosts a top level domain
website, www.consensys.net, that serves information regarding
ConsenSys and our Offerings, as defined below, as well as
sub-domains for our products or services (the top level domain with
the sub-domains collectively referred to as the “Site”), which
include text, images, audio, code and other materials or third party
information.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
These Terms of Use (the “Terms,” “Terms of Use” or “Agreement”)
contain the terms and conditions that govern your access to and use
of the Site and Offerings provided by us and is an agreement between
us and you or the entity you represent (“you” or “your”). Please
read these Terms of Use carefully before using the Site or
Offerings. By using the Site, clicking a button or checkbox to
accept or agree to these Terms where that option is made available,
clicking a button to use or access any of the Offerings, completing
an Order, or,&nbsp; if earlier, using or otherwise accessing the
Offerings (the date on which any of the events listed above occur
being the “Effective Date”), you (1) accept and agree to these Terms
and any additional terms, rules and conditions of participation
issued by ConsenSys from time to time and (2) consent to the
collection, use, disclosure and other handling of information as
described in our{' '}
<ButtonLink
href="https://consensys.net/privacy-policy/"
target="_blank"
rel="noopener noreferrer"
color={Color.primaryDefault}
variant={TextVariant.bodySm}
>
Privacy Policy.
</ButtonLink>{' '}
If you do not agree to the Terms or perform any and all obligations
you accept under the Terms, then you may not access or use the
Offerings.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
You represent to us that you are lawfully able to enter into
contracts. If you are entering into this Agreement for an entity,
such as the company you work for, you represent to us that you have
legal authority to bind that entity. Please see Section 13 for
definitions of certain capitalized terms used in this Agreement.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
In addition, you represent to us that you and your financial
institutions, or any party that owns or controls you or your
financial institutions, are (1) not subject to sanctions or
otherwise designated on any list of prohibited or restricted
parties, including but not limited to the lists maintained by the
United Nations Security Council, the U.S. Government (i.e., the
Specially Designated Nationals List and Foreign Sanctions Evaders
List of the U.S. Department of Treasury and the Entity List of the
U.S. Department of Commerce), the European Union or its Member
States, or other applicable government authority and (2) not located
in any country subject to a comprehensive sanctions program
implemented by the United States.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
1. The Offerings.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
1.1 Generally. You may access and use the Offerings in accordance
with this Agreement. You agree to comply with the terms of this
Agreement and all laws, rules and regulations applicable to your use
of the Offerings.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
1.2 Offerings and Access. ConsenSys offers a number of products and
services, each an “Offering”, under the ConsenSys brand or brands
owned by us. These include Codefi, Quorum, Infura, MetaMask and
others. Offerings are generally accessed through the Site or through
a third party provider of which we approved, such as the Google Play
or Apple App Store, unless otherwise agreed in writing. Some
Offerings may require you to create an account, enter a valid form
of payment, and select a paid plan (a “Paid Plan”), or initiate an
Order.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
1.3 Third-Party Content. In certain Offerings, Third-Party Content
may be used by you at your election. Third-Party Content is governed
by this Agreement and, if applicable, separate terms and conditions
accompanying such Third-Party Content, which terms and conditions
may include separate fees and charges.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
1.4 Third-Party Offerings. When you use our Offerings, you may also
be using the products or services of one or more third parties. Your
use of these third party offerings may be subject to the separate
policies, terms of use, and fees of these third parties.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
2. Changes.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
2.1 To the Offerings. We may change or discontinue any or all of the
Offerings or change or remove functionality of any or all of the
Offerings from time to time. We will use commercially reasonable
efforts to communicate to you any material change or discontinuation
of an Offering through the Site or public communication
channels.&nbsp; If you are on a Paid Plan, we will use commercially
reasonable efforts to communicate to you&nbsp; any material changes
to or discontinuation of the Offering at least 30 days in advance of
such change, and we will use commercially reasonable efforts to
continue supporting the previous version of the Offering for up to
three months after the change or discontinuation, except if doing so
(a) would pose an information security or intellectual property
issue, (b) is economically or technically burdensome, or (c) would
create undue risk of us violating the law.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
2.2 To this Agreement. We reserve the right, at our sole discretion,
to modify or replace any part of this Agreement or any Policies at
any time. It is your responsibility to check this Agreement
periodically for changes, but we will also use commercially
reasonable efforts to communicate any material changes to this
Agreement through the Site or other public channels. Your continued
use of or access to the Offerings following the posting of any
changes to this Agreement constitutes acceptance of those changes.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
3. Your Responsibilities.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
3.1 Your Accounts.&nbsp; For those Offerings that require an
account, and except to the extent caused by our breach of this
Agreement, (a) you are responsible for all activities that occur
under your account, regardless of whether the activities are
authorized by you or undertaken by you, your employees or a third
party (including your contractors, agents or other End Users), and
(b) we and our affiliates are not responsible for unauthorized
access to your account, including any access that occurred as a
result of fraud, phishing, or other criminal activity perpetrated by
third parties.&nbsp;&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
3.2 Your Use. You are responsible for all activities that occur
through your use of those Offerings that do not require an account,
except to the extent caused by our breach of this Agreement,
regardless of whether the activities are authorized by you or
undertaken by you, your employees or a third party (including your
contractors, agents or other End Users).&nbsp; We and our affiliates
are not responsible for unauthorized access that may occur during
your use of the Offerings, including any access that occurred as a
result of fraud, phishing, or other criminal activity perpetrated by
third parties.&nbsp; You will ensure that your use of the Offerings
does not violate any applicable law.&nbsp;&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
3.3 Your Security and Backup. You are solely responsible for
properly configuring and using the Offerings and otherwise taking
appropriate action to secure, protect and backup your accounts
and/or Your Content in a manner that will provide appropriate
security and protection, which might include use of
encryption.&nbsp; This includes your obligation under this Agreement
to record and securely maintain any passwords or backup security
phrases (i.e. “seed” phrases) that relate to your use of the
Offerings. You acknowledge that you will not share with us nor any
other third party any password or backup/seed phrase that relates to
your use of the Offerings, and that we will not be held responsible
if you do share any such phrase or password.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
3.4 Log-In Credentials and API Authentication. To the extent we
provide you with log-in credentials and API authentication generated
by the Offerings, such log-in credentials and API authentication are
for your use only and you will not sell, transfer or sublicense them
to any other entity or person, except that you may disclose your
password or private key to your agents and subcontractors performing
work on your behalf.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
3.5 Applicability to MetaMask Offerings. For the avoidance of doubt,
the terms of this Section 3 are applicable to all Offerings,
including MetaMask and any accounts you create through MetaMask with
Third Party Offerings, such as decentralized applications, or
blockchain-based accounts themselves.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
4. Fees and Payment.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
4.1 Publicly Available Offerings. Some Offerings may be offered to
the public and licensed on a royalty free basis, including Offerings
that require a Paid Plan for software licensing fees above a certain
threshold of use.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
4.2 Offering Fees.&nbsp; If your use of an Offering does not require
an Order or Paid Plan but software licensing fees are charged
contemporaneously with your use of the Offering, those fees will be
charged as described on the Site or in the user interface of the
Offering.&nbsp; Such fees may be calculated by combining a fee
charged by us and a fee charged by a Third Party Offering that
provides certain functionality related to the Offering.&nbsp; For
those Offerings which entail an Order or Paid Plan, we calculate and
bill fees and charges according to your Order or Paid Plan. For such
Offerings, on the first day of each billing period, you will pay us
the applicable fees (the “Base Fees”) and any applicable taxes based
on the Offerings in the Paid Plan. In addition, we may, for
particular Orders, issue an invoice to you for all charges above the
applicable threshold for your Paid Plan which constitute overage
fees for the previous billing period. If you make any other changes
to the Offerings during a billing period (e.g. upgrading or
downgrading your Paid Plan), we will apply any additional charges or
credits to the next billing period. We may bill you more frequently
for fees accrued at our discretion upon notice to you.&nbsp; You
will pay all fees in U.S. dollars unless the particular Offering
specifies a different form of payment or otherwise agreed to in
writing. All amounts payable by you under this Agreement will be
paid to us without setoff or counterclaim, and without any deduction
or withholding. Fees and charges for any new Offering or new feature
of an Offering will be effective when we use commercially reasonable
efforts to communicate updated fees and charges through our Site or
other public channels or, if you are on a Paid Plan, upon
commercially reasonable efforts to notify you, unless we expressly
state otherwise in a notice. We may increase or add new fees and
charges for any existing Offerings you are using by using
commercially reasonable efforts to notify users of the Offerings
through our Site or other public channels or, if you are on a Paid
Plan, by giving you at least 30 days’ prior notice.&nbsp; Unless
otherwise specified in an Order, if you are on a Paid Plan, all
amounts due under this Agreement are payable within thirty (30) days
following receipt of your invoice.&nbsp; We may elect to charge you
interest at the rate of 1.5% per month (or the highest rate
permitted by law, if less) on all late payments.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
4.3 Taxes. Each party will be responsible, as required under
applicable law, for identifying and paying all taxes and other
governmental fees and charges (and any penalties, interest, and
other additions thereto) that are imposed on that party upon or with
respect to the transactions and payments under this Agreement. All
fees payable by you are exclusive taxes unless otherwise noted. We
reserve the right to withhold taxes where required.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
5. Temporary Suspension; Limiting API Requests.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
5.1 Generally. We may suspend your right to access or use any
portion or all of the Offerings immediately if we determine:
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) your use of the Offerings (i) poses a security risk to the
Offerings or any third party, (ii) could adversely impact our
systems, the Offerings or the systems of any other user, (iii) could
subject us, our affiliates, or any third party to liability, or (iv)
could be unlawful;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(b) you are, or any End User is, in breach of this Agreement;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(c) you are in breach of your payment obligations under Section 4
and such breach continues for 30 days or longer; or
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(d) for entities, you have ceased to operate in the ordinary course,
made an assignment for the benefit of creditors or similar
disposition of your assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
5.2 Effect of Suspension. If we suspend your right to access or use
any portion or all of the Offerings:
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) you remain responsible for all fees and charges you incur during
the period of suspension; and
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(b) you will not be entitled to any fee credits for any period of
suspension.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
5.3 Limiting API Requests. If applicable to a particular Offering,
we retain sole discretion to limit your usage of the Offerings
(including without limitation by limiting the number of API requests
you may submit (“API Requests”)) at any time if your usage of the
Offerings exceeds the usage threshold specified in your Paid
Plan.&nbsp;&nbsp;&nbsp;
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
6. Term; Termination.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
6.1 Term. For Offerings subject to a Paid Plan, the term of this
Agreement will commence on the Effective Date and will remain in
effect until terminated under this Section 6. Any notice of
termination of this Agreement by either party to the other must
include a Termination Date that complies with the notice periods in
Section 6.2.&nbsp; For Offerings that are not subject to a Paid
Plan, the term of this Agreement will commence on the Effective Date
and will remain in effect until you stop accessing or using the
Offerings.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
6.2 Termination.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) Termination for Convenience. If you are not on a Paid Plan, you
may terminate this Agreement for any reason by ceasing use of the
Offering. If you are on a Paid Plan, each party may terminate this
Agreement for any reason by giving the other party at least 30 days’
written notice, subject to the provisions in Section 6.2(b).
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(b) Termination for Cause.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(i) By Either Party. Either party may terminate this Agreement for
cause if the other party is in material breach of this Agreement and
the material breach remains uncured for a period of 30 days from
receipt of notice by the other party.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(ii) By Us. We may also terminate this Agreement immediately (A) for
cause if we have the right to suspend under Section 5, (B) if our
relationship with a third-party partner who provides software or
other technology we use to provide the Offerings expires, terminates
or requires us to change the way we provide the software or other
technology as part of the Offerings, or (C) in order to avoid undue
risk of violating the law.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
6.3 Effect of Termination. Upon the Termination Date:
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(i) all your rights under this Agreement immediately terminate; and
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(ii) each party remains responsible for all fees and charges it has
incurred through the Termination Date and are responsible for any
fees and charges it incurs during the post-termination period;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(iii) the terms and conditions of this Agreement shall survive the
expiration or termination of this Agreement to the full extent
necessary for their enforcement and for the protection of the party
in whose favor they operate.&nbsp; For instance, despite this
Agreement between you and us terminating, any dispute raised after
you stop accessing or using the Offerings will be subject to the
applicable provisions of this Agreement if that dispute relates to
your prior access or use.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
For any use of the Offerings after the Termination Date, the terms
of this Agreement will again apply and, if your use is under a Paid
Plan, you will pay the applicable fees at the rates under Section 4.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
7. Proprietary Rights.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
7.1 Your Content. Depending on the Offering, you may share Content
with us. Except as provided in this Section 7, we obtain no rights
under this Agreement from you (or your licensors) to Your Content.
You consent to our use of Your Content to provide the Offerings to
you.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
7.2 Offerings License. We or our licensors own all right, title, and
interest in and to the Offerings, and all related technology and
intellectual property rights. Subject to the terms of this
Agreement, we grant you a limited, revocable, non-exclusive,
non-sublicensable, non-transferable license to do the following: (a)
access and use the Offerings solely in accordance with this
Agreement; and (b) copy and use Our Content solely in connection
with your permitted use of the Offerings. Except as provided in this
Section 7.2, you obtain no rights under this Agreement from us, our
affiliates or our licensors to the Offerings, including any related
intellectual property rights. Some of Our Content and Third-Party
Content may be provided to you under a separate license, such as the
Apache License, Version 2.0, or other open source license. In the
event of a conflict between this Agreement and any separate license,
the separate license will prevail with respect to Our Content or
Third-Party Content that is the subject of such separate license.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
7.3 License Restrictions. Neither you nor any End User will use the
Offerings in any manner or for any purpose other than as expressly
permitted by this Agreement. Except for as authorized, neither you
nor any End User will, or will attempt to (a) modify, distribute,
alter, tamper with, repair, or otherwise create derivative works of
any Content included in the Offerings (except to the extent Content
included in the Offerings is provided to you under a separate
license that expressly permits the creation of derivative works),
(b) reverse engineer, disassemble, or decompile the Offerings or
apply any other process or procedure to derive the source code of
any software included in the Offerings (except to the extent
applicable law doesn’t allow this restriction), (c) access or use
the Offerings in a way intended to avoid incurring fees or exceeding
usage limits or quotas, (d) use scraping techniques to mine or
otherwise scrape data except as permitted by a Plan, or (e) resell
or sublicense the Offerings unless otherwise agreed in writing. You
will not use Our Marks unless you obtain our prior written consent.
You will not misrepresent or embellish the relationship between us
and you (including by expressing or implying that we support,
sponsor, endorse, or contribute to you or your business endeavors).
You will not imply any relationship or affiliation between us and
you except as expressly permitted by this Agreement.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
7.4 Suggestions. If you provide any Suggestions to us or our
affiliates, we and our affiliates will be entitled to use the
Suggestions without restriction. You hereby irrevocably assign to us
all right, title, and interest in and to the Suggestions and agree
to provide us any assistance we require to document, perfect, and
maintain our rights in the Suggestions.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
7.5 U.S. Government Users. If you are a U.S. Government End User, we
are licensing the Offerings to you as a “Commercial Item” as that
term is defined in the U.S. Code of Federal Regulations (see 48
C.F.R. § 2.101), and the rights we grant you to the Offerings are
the same as the rights we grant to all others under these Terms of
Use.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
8. Indemnification.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
8.1 General.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) You will defend, indemnify, and hold harmless us, our affiliates
and licensors, and each of their respective employees, officers,
directors, and representatives from and against any Losses arising
out of or relating to any claim concerning: (a) breach of this
Agreement or violation of applicable law by you; and (b) a dispute
between you and any of your customers or users. You will reimburse
us for reasonable attorneys’ fees and expenses, associated with
claims described in (a) and (b) above.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(b) We will defend, indemnify, and hold harmless you and your
employees, officers, directors, and representatives from and against
any Losses arising out of or relating to any claim concerning our
material and intentional breach of this Agreement.&nbsp; We will
reimburse you for reasonable attorneys’ fees and expenses associated
with the claims described in this paragraph.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
8.2 Intellectual Property.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) Subject to the limitations in this Section 8, you will defend
ConsenSys, its affiliates, and their respective employees, officers,
and directors against any third-party claim alleging that any of
Your Content infringes or misappropriates that third party’s
intellectual property rights, and will pay the amount of any adverse
final judgment or settlement.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(b) Subject to the limitations in this Section 8 and the limitations
in Section 10, we will defend you and your employees, officers, and
directors against any third-party claim alleging that the Offerings
infringe or misappropriate that third party’s intellectual property
rights, and will pay the amount of any adverse final judgment or
settlement.&nbsp; However, we will not be required to spend more
than $200,000 pursuant to this Section 8, including without
limitation attorneys’ fees, court costs, settlements, judgments, and
reimbursement costs.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(c) Neither party will have obligations or liability under this
Section 8.2 arising from infringement by you combining the Offerings
with any other product, service, software, data, content or method.
In addition, we will have no obligations or liability arising from
your use of the Offerings after we have notified you to discontinue
such use. The remedies provided in this Section 8.2 are the sole and
exclusive remedies for any third-party claims of infringement or
misappropriation of intellectual property rights by the Offerings or
by Your Content.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
8.3 Process. In no event will a party agree to any settlement of any
claim that involves any commitment, other than the payment of money,
without the written consent of the other party.
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
9. Disclaimers; Risk.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
9.1 DISCLAIMER. THE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE
EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS
APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR
AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
REGARDING THE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM
ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF
ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE OFFERINGS OR
THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF
HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT
OTHERWISE LOST OR ALTERED.
</Text>
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9.2 RISKS. OUR OFFERINGS RELY ON EMERGING TECHNOLOGIES, SUCH AS
ETHEREUM. SOME OFFERINGS ARE SUBJECT TO INCREASED RISK THROUGH YOUR
POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY,
OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE
PROTOCOL UPGRADES, LIKE THE TRANSITION TO PROOF OF STAKE CONSENSUS.
BY USING THE OFFERINGS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE
HEIGHTENED RISKS.&nbsp; YOU REPRESENT THAT YOU ARE FINANCIALLY AND
TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS
ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND
UPGRADING YOUR SOFTWARE AND PROCESSES TO ACCOMMODATE PROTOCOL
UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND
INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) AND OTHER DIGITAL
TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD.&nbsp; IN
PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE ETHEREUM
PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE
PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON
BEHALF OF YOU.&nbsp; YOU FURTHER UNDERSTAND THAT BLOCKCHAIN
PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR
PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR
PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT&nbsp;
BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE
KEY AND BACKUP SEED PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT
CONSENSYS WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER
OR RECOVER, YOUR PRIVATE KEY OR BACKUP SEED PHRASE, AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY
CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS.
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YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL TOKENS PRESENT MARKET
VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND
CYBERSECURITY RISKS.&nbsp; YOU UNDERSTAND THAT THE COST AND SPEED OF
A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE
DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE
CAPABILITY OF CONSENSYS TO CONTROL.&nbsp; YOU UNDERSTAND THAT
PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY
VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND
ULTIMATELY FUNDS.
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YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT CONTROL ANY
BLOCKCHAIN PROTOCOL, NOR DOES CONSENSYS CONTROL ANY SMART CONTRACT
THAT IS NOT OTHERWISE OFFERED BY CONSENSYS AS PART OF THE
OFFERINGS.&nbsp; YOU UNDERSTAND AND ACCEPT THAT CONSENSYS DOES NOT
CONTROL AND IS NOT RESPONSIBLE FOR THE TRANSITION OF ANY BLOCKCHAIN
PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS.&nbsp; YOU
AGREE THAT YOU ALONE, AND NOT CONSENSYS, IS RESPONSIBLE FOR ANY
TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY
BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR
OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITHANY
THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT
WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY
MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT.&nbsp; YOU
AGREE THAT CONSENSYS IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR
TREATMENT OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH
USING CONSENSYS OFFERINGS.&nbsp; YOU EXPRESSLY ASSUME FULL
RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE
OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.&nbsp;
</Text>
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10. Limitations of Liability.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
10.1 Limitation of Liability. WITH THE EXCEPTION OF CLAIMS RELATING
TO A BREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY SECTION 7 AND
INTELLECTUAL PROPERTY CLAIMS AS GOVERNED BY SECTION 8, IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS
AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE
TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE OFFERINGS GIVING RISE TO
THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT
OF WHICH THE LIABILITY AROSE, OR, IF NO FEES HAVE BEEN PAID,
$25,000. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN
CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL
NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4.&nbsp;
</Text>
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10.2 Exclusion of Consequential and Related Damages. IN NO EVENT
WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT
OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES,
GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER,
BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN
CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF
A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE
FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT
APPLY TO THE EXTENT PROHIBITED BY LAW.
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11. Binding Arbitration and Class Action Waiver.
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PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
</Text>
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11.1 Binding Arbitration. Any dispute, claim or controversy
(“Claim”) relating in any way to this Agreement, the Site, or your
use of the Offerings will be resolved by binding arbitration as
provided in this Section 11, rather than in court, except that you
may assert claims in small claims court if your claims qualify.
</Text>
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11.1.1 If you are located in the United States: This agreement and
any dispute or claim (including non-contractual disputes or claims)
arising out of or in connection with it or its subject matter or
formation shall be governed by and construed in accordance with the
laws of the State of New York. The Federal Arbitration Act and
federal arbitration law apply to this Agreement. There is no judge
or jury in arbitration, and court review of an arbitration award is
limited. However, an arbitrator can award on an individual basis the
same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms
of this Agreement as a court would. The arbitration will be
conducted in accordance with the expedited procedures set forth in
the JAMS Comprehensive Arbitration Rules and Procedures (the
“Rules”) as those Rules exist on the effective date of this
Agreement, including Rules 16.1 and 16.2 of those Rules. The
arbitrator’s decision shall be final, binding, and non-appealable.
Judgment upon the award may be entered and enforced in any court
having jurisdiction. Neither party shall sue the other party other
than as provided herein or for enforcement of this clause or of the
arbitrator’s award; any such suit may be brought only in a Federal
District Court or a New York state court located in New York County,
New York. The arbitrator, and not any federal, state, or local
court, shall have exclusive authority to resolve any dispute
relating to the interpretation, applicability, unconscionability,
arbitrability, enforceability, or formation of this Agreement
including any claim that all or any part of the Agreement is void or
voidable.&nbsp; If for any reason a claim proceeds in court rather
than in arbitration we and you waive any right to a jury trial.
Notwithstanding the foregoing we and you both agree that you or we
may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.&nbsp;
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11.1.2 If you are located in the United Kingdom: This agreement and
any dispute or claim (including non-contractual disputes or claims)
arising out of or in connection with it or its subject matter or
formation shall be governed by and construed in accordance with the
law of England and Wales. Any dispute, claim or controversy relating
in any way to this Agreement, the Offerings, your use of the
Offerings, or to any products or services licensed or distributed by
us will be resolved by binding arbitration as provided in this
clause. Prior to commencing any formal arbitration proceedings,
parties shall first seek settlement of any claim by mediation in
accordance with the LCIA Mediation Rules, which Rules are deemed to
be incorporated by reference into this clause. If the dispute is not
settled by mediation within 14 days of the commencement of the
mediation, or such further period as the parties shall agree in
writing, the dispute shall be referred to and finally resolved by
arbitration under the LCIA Rules, which are deemed to be
incorporated by reference into this clause. The language to be used
in the mediation and in the arbitration shall be English. The seat
or legal place of arbitration shall be London.
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11.1.3 If you are located in any territory that is not specifically
enumerated in Sections 11.1.1 or 11.1.2, you may elect for either of
Section 11.1.1 or 11.1.2 to apply to you, otherwise this Agreement
and any Claim (including non-contractual disputes or claims) arising
out of or in connection with it or its subject matter or formation
shall be governed by and construed in accordance with the law of
Ireland. Any Claim relating in any way to this Agreement, the
Offerings, your use of the Offerings, or to any products or services
licensed or distributed by us will be resolved by binding
arbitration as provided in this clause. Prior to commencing any
formal arbitration proceedings, parties shall first seek settlement
of any claim by mediation in accordance with the LCIA Mediation
Rules, which Rules are deemed to be incorporated by reference into
this clause. If the dispute is not settled by mediation within 14
days of the commencement of the mediation, or such further period as
the parties shall agree in writing, the Claim shall be referred to
and finally resolved by arbitration under the LCIA Rules, which are
deemed to be incorporated by reference into this clause. The
language to be used in the mediation and in the arbitration shall be
English. The seat or legal place of arbitration shall be Dublin,
Ireland.
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11.2 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS
ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we
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. The arbitrator may award injunctive relief only in
favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual
claim. If a court decides that applicable law precludes enforcement
of any of this paragraph’s limitations as to a particular claim for
relief, then that claim (and only that claim) must be severed from
the arbitration and may be brought in court. If any court or
arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration
provision set forth above shall be deemed null and void in its
entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
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11.3 30-Day Right to Opt Out. You have the right to opt-out and not
be bound by the arbitration and class action waiver provisions set
forth above by sending written notice of your decision to opt-out to
the email address notices@consensys.net with subject line LEGAL OPT
OUT. The notice must be sent within 30 days of your first use of the
Offerings, otherwise you shall be bound to arbitrate disputes and
will be deemed to have agreed to waive any right to pursue a class
action in accordance with the terms of those paragraphs. If you
opt-out of these provisions, we will also not be bound by them.
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12. Miscellaneous.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
12.1 Assignment. You will not assign or otherwise transfer this
Agreement or any of your rights and obligations under this
Agreement, without our prior written consent. Any assignment or
transfer in violation of this Section 12.1 will be void. We may
assign this Agreement without your consent (a) in connection with a
merger, acquisition or sale of all or substantially all of our
assets, or (b) to any Affiliate or as part of a corporate
reorganization; and effective upon such assignment, the assignee is
deemed substituted for us as a party to this Agreement and we are
fully released from all of our obligations and duties to perform
under this Agreement. Subject to the foregoing, this Agreement will
be binding upon, and inure to the benefit of the parties and their
respective permitted successors and assigns.
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12.2 DAOs. As a blockchain native company, we may interact with and
provide certain Offerings to DAOs. Due to the unique nature of DAOs,
to the extent the DAO votes in favor of and/or accepts such
Offerings from ConsenSys, the DAO has acknowledged and agreed to
these Terms in their entirety.
</Text>
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12.2 Entire Agreement and Modifications. This Agreement incorporates
the Policies by reference and is the entire agreement between you
and us regarding the subject matter of this Agreement. If the terms
of this document are inconsistent with the terms contained in any
Policy, the terms contained in this document will control. Any
modification to the terms of this Agreement may only be made in
writing.
</Text>
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12.3 Force Majeure. Neither party nor their respective affiliates
will be liable for any delay or failure to perform any obligation
under this Agreement where the delay or failure results from any
cause beyond such party’s reasonable control, including but not
limited to acts of God, utilities or other telecommunications
failures, cyber attacks, earthquake, storms or other elements of
nature, pandemics, blockages, embargoes, riots, acts or orders of
government, acts of terrorism, or war.
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12.4 Export and Sanctions Compliance. In connection with this
Agreement, you will comply with all applicable import, re-import,
sanctions, anti-boycott, export, and re-export control laws and
regulations, including all such laws and regulations that may apply.
For clarity, you are solely responsible for compliance related to
the manner in which you choose to use the Offerings. You may not use
any Offering if you are the subject of U.S. sanctions or of
sanctions consistent with U.S. law imposed by the governments of the
country where you are using the Offering.&nbsp;
</Text>
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12.5 Independent Contractors; Non-Exclusive Rights. We and you are
independent contractors, and this Agreement will not be construed to
create a partnership, joint venture, agency, or employment
relationship. Neither party, nor any of their respective affiliates,
is an agent of the other for any purpose or has the authority to
bind the other. Both parties reserve the right (a) to develop or
have developed for it products, services, concepts, systems, or
techniques that are similar to or compete with the products,
services, concepts, systems, or techniques developed or contemplated
by the other party, and (b) to assist third party developers or
systems integrators who may offer products or services which compete
with the other party’s products or services.
</Text>
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12.6 Eligibility. If you are under the age of majority in your
jurisdiction of residence, you may use the Site or Offerings only
with the consent of or under the supervision of your parent or legal
guardian.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission
to access the Site or Offerings, you agree to these Terms of Use on
behalf of your minor. You are responsible for exercising supervision
over your minor’s online activities. If you do not agree to these
Terms of Use, do not let your minor use the Site or Offerings.
</Text>
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12.7 Language. All communications and notices made or given pursuant
to this Agreement must be in the English language. If we provide a
translation of the English language version of this Agreement, the
English language version of the Agreement will control if there is
any conflict.
</Text>
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12.8 Notice.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
(a) To You. We may provide any notice to you under this Agreement
using commercially reasonable means, including: (i) posting a notice
on the Site; (ii) sending a message to the email address then
associated with your account; or (iii) using public communication
channels . Notices we provide by posting on the Site or using public
communication channels will be effective upon posting, and notices
we provide by email will be effective when we send the email. It is
your responsibility to keep your email address current to the extent
you have an account. You will be deemed to have received any email
sent to the email address then associated with your account when we
send the email, whether or not you actually receive the email.
</Text>
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(b) To Us. To give us notice under this Agreement, you must contact
us by email at notices@consensys.net.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
12.9 No Third-Party Beneficiaries. Except as otherwise set forth
herein, this Agreement does not create any third-party beneficiary
rights in any individual or entity that is not a party to this
Agreement.
</Text>
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12.10 No Waivers. The failure by us to enforce any provision of this
Agreement will not constitute a present or future waiver of such
provision nor limit our right to enforce such provision at a later
time. All waivers by us must be in writing to be effective.
</Text>
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12.11 Severability. If any portion of this Agreement is held to be
invalid or unenforceable, the remaining portions of this Agreement
will remain in full force and effect. Any invalid or unenforceable
portions will be interpreted to effect and intent of the original
portion. If such construction is not possible, the invalid or
unenforceable portion will be severed from this Agreement but the
rest of the Agreement will remain in full force and effect.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
12.12 Notice and Procedure for Making Claims of Copyright
Infringement. If you are a copyright owner or agent of the owner,
and you believe that your copyright or the copyright of a person on
whose behalf you are authorized to act has been infringed, please
provide us a written notice at the address below with the following
information:
</Text>
<Box as="ol" marginLeft={4} className="terms-of-use__terms-list">
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
a description of where the material that you claim is infringing
is located with respect to the Offerings;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
your address, telephone number, and email address;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner’s behalf.
</Text>
</Box>
<Text variant={TextVariant.bodySm} marginBottom={4}>
You can reach us at:
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
Email: notices@consensys.net
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
Subject Line: Copyright Notification Mail
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
Attention: Copyright ℅
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
ConsenSys Software Inc.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
49 Bogart Street Suite 22 Brooklyn, NY 11206
</Text>
<Text variant={TextVariant.bodyLgMedium} marginBottom={4}>
13. Definitions.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Acceptable Use Policy” means the policy set forth below, as it may
be updated by us from time to time. You agree not to, and not to
allow third parties to, use the Offerings:
</Text>
<Box as="ol" marginLeft={4} className="terms-of-use__terms-list">
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to violate, or encourage the violation of, the legal rights of
others (for example, this may include allowing End Users to
infringe or misappropriate the intellectual property rights of
others in violation of the Digital Millennium Copyright Act);
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to engage in, promote or encourage any illegal or infringing
content;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
for any unlawful, invasive, infringing, defamatory or fraudulent
purpose (for example, this may include phishing, creating a
pyramid scheme or mirroring a website);
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to intentionally distribute viruses, worms, Trojan horses,
corrupted files, hoaxes, or other items of a destructive or
deceptive nature;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to interfere with the use of the Offerings, or the equipment used
to provide the Offerings, by customers, authorized resellers, or
other authorized users;
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to disable, interfere with or circumvent any aspect of the
Offerings (for example, any thresholds or limits);
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to generate, distribute, publish or facilitate unsolicited mass
email, promotions, advertising or other solicitation; or
</Text>
<Text as="li" variant={TextVariant.bodySm} marginBottom={2}>
to use the Offerings, or any interfaces provided with the
Offerings, to access any other product or service in a manner that
violates the terms of service of such other product or service.
</Text>
</Box>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“API” means an application program interface.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“API Requests” has the meaning set forth in Section 5.3.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Applicable Threshold” has the meaning set forth in Section 4.2.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Base Fees” has the meaning set forth in Section 4.2.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Content” means any data, text, audio, video or images, software
(including machine images), and any documentation.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“DAO” means Decentralized Autonomous Organization.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“End User” means any individual or entity that directly or
indirectly through another user: (a) accesses or uses Your Content;
or (b) otherwise accesses or uses the Offerings under your
account.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Fees” has the meaning set forth in Section 4.2.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Losses” means any claims, damages, losses, liabilities, costs, and
expenses (including reasonable attorneys’ fees).’
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Our Content” means any software (including machine images), data,
text, audio, video, images, or documentation that we offer in
connection with the Offerings.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Our Marks” means any trademarks, service marks, service or trade
names, logos, and other designations of ConsenSys Software Inc. and
their affiliates or licensors that we may make available to you in
connection with this Agreement.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Order” means an order for Offerings executed through an order form
directly with ConsenSys, or through a cloud vendor, such as Amazon
Web Services, Microsoft Azure, or Google Cloud.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Offerings” means each of the products and services, including but
not limited to Codefi, Infura, MetaMask, Quorum and any other
features, tools, materials, or services offered from time to time,
by us or our affiliates.&nbsp;
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Policies” means the Acceptable Use Policy, Privacy Policy, any
supplemental policies or addendums applicable to any Service as
provided to you, and any other policy or terms referenced in or
incorporated into this Agreement, each as may be updated by us from
time to time.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Privacy Policy” means the privacy policy located at{' '}
<ButtonLink
href="https://consensys.net/privacy-policy"
target="_blank"
rel="noopener noreferrer"
color={Color.primaryDefault}
variant={TextVariant.bodySm}
>
https://consensys.net/privacy-policy
</ButtonLink>{' '}
(and any successor or related locations designated by us), as it may
be updated by us from time to time.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Service Offerings” means the Services (including associated APIs),
Our Content, Our Marks, and any other product or service provided by
us under this Agreement. Service Offerings do not include
Third-Party Content or Third-Party Services.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Suggestions” means all suggested improvements to the Service
Offerings that you provide to us..
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Term” means the term of this Agreement described in Section 6.1.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Termination Date” means the effective date of termination provided
in accordance with Section 6, in a notice from one party to the
other.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Third-Party Content” means Content made available to you by any
third party on the Site or in conjunction with the Offerings.
</Text>
<Text variant={TextVariant.bodySm} marginBottom={4}>
“Your Content” means content that you or any End User transfers to
us, storage or hosting by the Offerings in connection with account
and any computational results that you or any End User derive from
the foregoing through their use of the Offerings, excluding however
any information submitted to a blockchain protocol for
processing.&nbsp;
</Text>
<Box
flexDirection={FLEX_DIRECTION.ROW}
alignItems={AlignItems.flexStart}
marginLeft={3}
marginRight={3}
gap={2}
>
<CheckBox
id="terms-of-use__checkbox"
className="terms-of-use__checkbox"
dataTestId="terms-of-use-checkbox"
checked={isTermsOfUseChecked}
onClick={() => {
setIsTermsOfUseChecked(!isTermsOfUseChecked);
}}
/>
<Label htmlFor="terms-of-use__checkbox">
<Text variant={TextVariant.bodyMdBold} as="span" ref={bottomRef}>
{t('termsOfUseAgreeText')}
</Text>
</Label>
</Box>
</Box>
</Box>
</Popover>
);
}
TermsOfUsePopup.propTypes = {
onAccept: PropTypes.func.isRequired,
};
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