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# Definitions
## ThreeFold (TF)
AN INTERNET BUILT FOR EVERYONE, BY EVERYONE.
Threefold is a peer-to-peer network of network, storage an compute capacity for an upgraded internet, laying the foundation for a more sustainable, smart, and sovereign digital world where everyone can participate and prosper.
All the ideas and content created for this concept are opensource and stored in github
A group of volunteers and the ThreeFold Foundation maintain these repositories.
> See [https://github.com/threefoldfoundation](https://github.com/threefoldfoundation)
## ThreeFold Foundation (TFF)
The ThreeFold Foundation (ThreeFold_Dubai) is a participant in the bigger ThreeFold movement, the purpose of the movement is to bring the world a truly peer-to-peer internet.
We acknowledge and support the many people and organizations around the world who bring crucial support to the growth and adoption of the ThreeFold_Grid.
See [ThreeFold Dubai](../about/threefold_dubai.md)
> Work is ongoing to make the Foundation a global distributed concept with probably more than 1 legal entity.
## ThreeFold Tech (TFTech, TFTECH)
TF TECH NV, a Belgian limited liability company, having its registered office at Antwerpse Steenweg 19, B-9080 Lochristi, Belgium, registered with the Belgian Crossroads Bank of Enterprises under company number 0712.845.674 (RLP Gent, district Gent)
TF Tech is a software tech company and is a major contributor to the software as used on the TFGrid.
See [TFTech](../about/threefold_tech.md)
## Non For Profit
Non-for-profit organizations are types of organizations that do not earn profits for its owners. All of the money earned by or donated to a non-for-profit organization is used in pursuing the organization's objectives and keeping it running. Employees or contributors can be paid for the services provided.
In the case of TFF following remarks might be useful
- Many non for profits get a legal status by the government to not have to pay tax, in our case the foundation is in Dubai, there is no Tax implication in Dubai as such we didn't need this status or certification.
- TFF has been funded by its original founders by means of loans or investment in kind or tokens, this money can be returned to the founders whenever cashflow allows (which is not the case yet).
- TFF directors/shareholders do everything they can to only operate out of the best interests of the ThreeFold Project.
- A project is under way to officialize the structure with strict governance e.g. a company called ThreeFold VZW has been created in Belgium with official governance around non for profit structure. This company is not used yet. Other alternatives are being researched at this moment (Aug 2020).
- ThreeFold_Dubai has farmed tokens which can be used as gifts towards contributors or employees.
## ThreeFold_Grid (TFG)
The ThreeFold_Grid is a new, global neutral and sustainable network of IT infrastructure. On this Grid, IT capacity is indexed registered on the TFChain for easy discovery by purchasers.
This Internet capacity is produced and allocated locally - similar to the way electricity and other utilities are purchased today. This allows any digital service or application provider to host their services and applications in proximity to the end user leading to significantly greater performance, a lower price point and better margins. This is both more cost effective and green.
## IT Capacity
- IT = Information Technology.
- IT Capacity is resource availability for running any IT Workloads
- Examples of IT Workloads which can run on the TFG are
- web applications
- archiving of data
- generic storage (e.g. using the S3 storage interface)
- container workloads (e.g. using the Kubernetes interface)
- artificial intelligence workloads
- big data workloads (processing of data)
- gaming servers
- content delivery
- test workloads for developers
## ThreeFold_Token (TFT)
The ThreeFold_Token is a digital Token which allows anyone to buy and sell IT Capacity on the TF Grid. This token only gets issued by the TFChain if a TF Pool gets connected to the TF Grid.
The TFChain can issue a maximum of 4 billion tokens (gen 2).
## TFChain
Group of blockchain related technologies as used by ThreeFold to accomplish the following:
- store & trade your TFTs: uses Stellar Public Blockchain platform
- buy/sell capacity on the TFG: TFExplorer
- register capacity of the TFG: TFExplorer
- provision IT workloads on the TFG: TFExplorer
- ...
> See the following [github repos](https://github.com/threefoldtech) and [https://github.com/threefoldfoundation/tft-stellar](https://github.com/threefoldfoundation/tft-stellar)
## Zero-OS (ZOS) or Capacity Layer
The Zero-OS is the software which makes it possible to convert any pool of hardware to become a pool of resource for the ThreeFold_Grid.
> See [Zero-OS](https://github.com/threefoldtech/zos) = Ultra Efficient Stateless Operating System
## Zero-People or Autonomous Layer
- [Jumpscale](https://github.com/threefoldtech/js-ng) = Automation Framework (self healing, ...)
## User
- is the person/organization/company who buys capacity from the TF Grid
- capacity can only be bought by means of TFTs
## TF Distributed exchange (TFExchange)
Since March 2020 based on Stellar integrated Decentralized exchange and before Atomic Swaps.
Mechanism for people to exchange TFT to other digital currencies in a decentralized way.
Atomic Swaps were difficult to use, this got resolved by switching to Stellar blockchain.
# ThreeFold Farming
## TFNode
- is a compute/storage server which provides IT Capacity as source for the Cloud Units
- a TFNode is part of a Farming Pool
- 3Nodes are owned by TF Farmers.
- The TFNode runs the TF Operating System and TFChain (TFC).
## Cloud Units
Units of IT capacity as sold from the TF Grid to Users.
More info see [here](../cloud/cloudunits.md)
## ThreeFold Farming Pool (FP)
A Pool of storage & compute hardware which allows to provision IT Capacity.
Each Farming Pool consists out of 3Nodes which run the TF Operating System and TF Blockchain Software (TFChain) which allows anyone in the world to use this IT capacity to host their IT workloads (storage apps, archive capacity, web applications, artificial intelligence, iOT, docker containers, etc). To use this IT Capacity, through the TF Grid, people need to own ThreeFold_Tokens (“TFTs”) as they are the only possible mechanism to purchase this capacity on the TF Grid. As such, TFTs represent a true utility.
## ThreeFold Farmer
A ThreeFold Farmer is any organization or person who invests in a ThreeFold Farming Pool and connects this capacity to the ThreeFold_Grid.
As a result of Farming, i.e. creating additional capacity, ThreeFold_Tokens are automatically created by the ThreeFold Chain.
Farmers can cultivate both managed and/or unmanaged capacity.
Farmers receive TFTs
- as part of owning the TF Farming Pool (tf_farming)
- as part of selling capacity from the TF Farming Pool (cultivating)
Most TF Farmers use a ThreeFold Cooperative to become active because it hugely simplifies the process and gives them often better pricing to purchase the Farming Pool as well as connecting the Farming Pool to the internet.
The ThreeFold Farmer is the only party who owns the TF Farming Pool.
## ThreeFold Cooperative
Any organization who helps a TF Farmer to become active on the TF Grid.
A Cooperative can supply any or all of following services.
- Selling required hardware kit for the Farming Pool (compute, storage, networking) to the TF Farmer (and logistics around it).
- Installing & testing the TF Operating System on the chosen hardware.
- Burn in testing of the chosen hardware: make sure the hardware is reliable and works following expectations.
- Configuration & Installation of the ThreeFold Farming Pool.
- Registration & Initialization of the ThreeFold Farming Pool.
- Delivering & Executing of hardware Warranty as specified on contract.
- Creation and Delivery of the ThreeFold Mobile App for the TF Farmer (allow people worldwide to order capacity using TFTs for the Farming Pool.
- Software support for the Farming Pool
- Training of the TF Farmer about TF Concepts
- how to use the TF Wallet
- how to safely store the TFT's
- how to go from TFT's to fiat currency like USD/EUR (and visa versa)
- how to register pricing info on the TF Grid
- how to integrate a fiat currency payment gateway into existing ecommerce website for the sales of TFT's or TF IT Capacity (e.g. integration with Stripe or other payment mechanism)
- how to consult/register information on the TFChain
- Hosting Services
- all services related to connectivity to the internet (routing, denial of service, firewalling, ...)
- rackspace & other datacenter services
- monitoring of the infrastructure (hardware and software).
## Do It Yourself Capacity
Unmanaged IT Capacity can exist everywhere; in peoples home, in mobile telephone masts, in utility cabinets, next to railways or motorways, anywhere where internet lines meet electrical outlets, any IT Hosting or Datacenter Facility. This capacity is deployed to the TF Grid and has no people involved to manage its operations (apart from the physical and network aspects). Farmers have no access to the 3Nodes purchased. They can only use the capacity produced in the exact same way as any other user, i.e. through the TFChain, in a secure private and neutral way, equally applicable to all.
Unmanaged capacity provides the following 3 basic services
- Storage Capacity = backend storage services which can be used as backend for more high level storage services like S3
- Compute Capacity = backend compute capacity which can be used as backend for more high level compute services like Kubernetes.
- Network Gateway Services: integration with ZeroTier network, HTTP(s) reverse proxy, DNS services, TCP Portforwarding.
These basic services are ordered through the TFChain only.
SLA's (service level agreements) cannot be be guaranteed on Unmanaged Capacity and as such not registered in the TFChain.
## Certified Capacity
Capacity which received certification as organized by ThreeFold Tech.
## Managed Capacity
Managed capacity is capacity that sits in a datacenter or other controlled environment where people operate and maintain supervision of the capacity connected to the TF Grid and published in the TF Directory. SLA (Service Level Agreements) are provided on this capacity like uptime, guaranteed bandwidth, response times, ...
TF Farmers have access to the 3Nodes.
Features Only Available In A Managed Capacity Farming Pool
- Published & Tracked (monitored) Service Level Agreements
# Legal
## The Company
The Company has been defined on the contract who refers to this document but can be any of the following:
- The company or organization who is selling a service on the ThreeFold_Grid.
- The company who is selling/buying ThreeFold_Tokens (TFTs) as capacity on the ThreeFold_Grid.
- The company who is helping a Farmer to become active on the ThreeFold_Grid = a TF Cooperative.
- The company who is selling the hardware and software required for a Farming Pool
## The Product
The Product is the ThreeFold_Token or any service related to the ThreeFold_Grid which can be bought by The Purchaser.
The Product has been defined on the contract who refers to this document.
## The Purchaser
Is the person or company or organization who buys The Product from The Company
## ThreeFold Tech (TFTech)
Software Technology company in Belgium.
Has no direct relationship with the TFGrid or TFTokens. TFTech does not farm and ThreeFold_Tokens and has no impact or does not give any direction to anything happening on the ThreeFold_Grid or in relation to TFTokens.
TFTech is the company who creates a lot of the opensource software as is used in the TFGrid. TFTech is also a contributor to the TF Foundation in the form of content or promotion, there is no legal connection in place.
TFTech business model is to sell licenses and certify TFGrid farmers if that is what they require.
# Miscellaneous
## TF Wallet
A software application which allows anyone to consult how many TFTs they own and to make transfers of TFTs to other parties.
The TF Wallet works together with Stellar and is nothing but a javascript UI.
TF Wallet is part of the ThreeFold Connect app on mobile.
# Sales Related Definitions
### “Acceptance”
means that any Deliverable has successfully completed the Acceptance process set forth in Section 4. Such Acceptance may be either explicit or implicit, i.e. in the absence of an explicit Rejection.
### “Acceptance Period”
means fifteen (15) days as from the Delivery Date, unless otherwise agreed to in the Sales Order or as provided under statutory law.
### “Customer”
means you or the customer entity identified in the Sales Order, as the case may be.
### “Deliverables”
means the Hardware, Software, Services (if any), or any deliverable specified in a Sales Order.
### “Delivery”
means the act of making the Deliverables available for reception by the Customer in accordance with Section 4.1.
### “Delivery Date”
means the ultimate date on which the Delivery may take place, as determined in the Sales Order.
### “Documentation”
means all manuals, instructions and other documents (whether in hard copy, soft copy or web-based form) relating to, or necessary for, the use, operation or maintenance of the Deliverables, together with all enhancements, corrections, modifications and amendments to such documents that are furnished to Customer under this Agreement.
### “Effective Date”
means the date when the Agreement starts to operate, corresponding to the issuance date of the Sales Order.
### “Hardware”
means any hardware to be provided by Company as specified in a Sales Order or Specific Agreement.
### “Party”
means any party to this Agreement;
### “Rejection”
means the explicit rejection of Deliverables by Customer, provided that the following cumulative conditions have all been completed:
the Rejection has been notified by Customer to Company within the Acceptance Period (i.e. at the latest on the last day of the Acceptance Period);
Customer has returned to Company all rejected Deliverables immediately after the Rejection notice;
Any rejection that does not meet both aforementioned cumulative conditions shall not qualify as a Rejection and shall be deemed an implicit Acceptance.
### “Sales Order”
means any Sales Order generated electronically by Company to allow the Customer to order, including the details specified by Customer in the checkout of the Company website, or any document that the Parties mutually agree upon as the vehicle for procuring Hardware, Software and/or Services pursuant to this Agreement.
### “Services”
means any services to be provided by Company to Customer as stipulated in the Sales Order.
### “Software”
means the open source software connecting the Hardware to the ThreeFold network, all in machine readable, object code form, together with all enhancements, modifications, corrections and amendments thereto.
### “Specifications”
means the technical requirements for, and performance standards of, the Deliverables as set forth in the Sales Order or Documentation provided to Customer.
{{#include ./terms_conditions/sub/the_single_source_truth.md}}

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# General Warning And Disclaimer
Your use of the TFGrid and/or TFTs, as well as the IT capacity made available from the TFGrid to the Internet, as well as any tools provided to work with TFGrid or TFTokens (hereinafter collectively also referred to as the "Services") will be subject to the warnings, limitations, acknowledgements and disclaimers set out hereinafter. These statements and disclaimers are made by and on behalf of (1) the TF Foundation (ThreeFold_Dubai), (2) each individual or entity acting as a ThreeFold Farmer (3) , TFTech NV (4) any of the companies or individuals related to these entities, and (5) any person contributing or otherwise assisting in developing, marketing or distributing the Services (hereinafter collectively referred to as “ThreeFold”).
### Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND THREEFOLD EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) THREEFOLD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; AND (C) THREEFOLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, OR THE SERVERS USED TO PROVIDE SUCH SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
By using the Services, you acknowledge that:
- you have access to all relevant and required information to do with the tokens and the grid on https://library.threefold.me
- e.g. way how tokens are created/minted on: token_creation
- all this information is being provided on best effort basis and does not imply any promise or guarantee
- you have sufficient knowledge and experience in financial and business matters and are capable of evaluating the merits and risks of using or acquiring TFTs, and that you are able to bear the economic risk of such acquisition for an indefinite period of time.
- the Services (including the TFTs) involve risks, all of which you fully and completely assume, including, but not limited to, the risk relating to the possibility of limited or absent liquidity for the TFTs on the secondary markets (including the relevant online exchanges), the risk relating to price fluctuations of the TFTs on such secondary markets (including the relevant online exchanges), etc.
- the Services (including the TFTs) have or will be created and delivered to you at your sole risk on an "AS IS" basis.
- you have not relied on any representations or warranties made by ThreeFold outside this document, including, but not limited to, conversations of any kind, whether through oral or electronic communication, or any white paper. Without limiting the generality of the foregoing, you assume all risk and liability for the results obtained by the use of any tokens (including TFTs) and regardless of any oral or written statements made by ThreeFold, by way of technical advice or otherwise, related to the use of the tokens.
- you bear sole responsibility for any taxes as a result of the use or acquisition of the Services (including the TFTs), and any future acquisition, ownership, use, sale or other disposition of TFTs held by you. To the extent permitted by law, you agree to indemnify, defend and hold ThreeFold harmless for any claim, liability, assessment or penalty with respect to any taxes (other than any net income taxes of ThreeFold that result from the sale of TFTs) associated with or arising from your purchase, use or ownership of TFTs.
### Release
To the fullest extent permitted by applicable law, you hereby explicitly release ThreeFold from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to:
(1) disputes between users of the Services and/or the acts or omissions of third parties; and
(2) your purchase of tokens (if any) from ThreeFold_Dubai (formerly known as GreenITGlobe) or Bettertoken BV identified in the relevant contracts as Internal ThreeFold_Tokens or iTFTs.
If and to the extend you have purchased or otherwise acquired tokens from ThreeFold_Dubai (formerly known as GreenITGlobe) or Bettertoken BV that were identified in the relevant contracts as Internal ThreeFold_Tokens or iTFTs, your use of the Services (including your subsequent receipt or acceptance of TFTs) implies your confirmation that such purchase or acquisition has been duly completed as a result of your receipt of a corresponding amount of TFTs, that all deliverables under the relevant contracts (known as iTFT Purchase Agreement, TFT Purchase Agreement or ITO investment agreement) have been duly delivered and that there are no further obligations from one of the above-mentioned companies to you in relation to such contracts.
### Limitation of Liability
- Exclusion of indirect damages. To the fullest extent permissible under applicable law, ThreeFold shall not have any liability with respect to any claims for consequential, exemplary, special, indirect and/or punitive damages (such as but not limited to loss of goodwill, loss of actual or anticipated business or contracts, work stoppage, loss as a result of a third party claim, data loss or corruption of data, computer failure or lost profit), arising out or in any way related to the access or use of the Services or otherwise related to ThreeFold, regardless of the form of action, whether based in contract, or otherwise, even if ThreeFold has been advised of the possibility of such damages.
- Cap on damages. To the extent permissible under the applicable law the contractual and/or extra-contractual liability of ThreeFold arising out or related to the use of, or inability to use, the Services, shall be limited to (1) any compensation you paid to ThreeFold for the Services, or (2) 1,000 US Dollars, whichever is greater. This limitation is cumulative and not per incident. It applies to all causes of action and obligations in the aggregate, including without limitations, any claim of breach of contract and/or negligence.
- Prescription. No action in any form arising out of or in connection with this Agreement may be brought by the Purchaser more than one (1) year after the cause of action has accrued.
- No limitations for own intent. Nothing in this Agreement shall (or shall be deemed to, or construed to) exclude or restrict any liability either Party may incur as a result of fraud, willful intent or for any death or personal injury resulting from its gross negligence or that of its employees, agents or subcontractors.
{{#include ./terms_conditions/sub/the_single_source_truth.md}}

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<h1> ThreeFold Legal Wiki </h2>
As part of ThreeFold's commitment to transparency and providing a secure and reliable platform, we have a dedicated [ThreeFold's Legal Wiki](https://legal.threefold.io) where users can access essential legal articles and documentation.
At [**legal.threefold.io**](https://legal.threefold.io), users can find important legal resources such as Terms and Conditions (T&C) and disclaimers that govern the usage of the ThreeFold Grid and related services.
These legal documents outline the rights, responsibilities, and obligations of both ThreeFold and its users, ensuring a clear understanding of the legal framework within which the platform operates. By visiting the legal section, users can familiarize themselves with the legal aspects of engaging with the ThreeFold ecosystem, promoting a trustworthy and accountable environment.
You're invited to explore the ThreeFold Legal Wiki by visiting [this link](https://library.threefold.me/info/legal/#/).
- [Disclaimer](../wiki/disclaimer.md)
- [Definitions](../wiki/definitions_legal.md)
- [Privacy Policy](../wiki/privacypolicy.md)
- [Terms & Conditions ThreeFold Related Websites](../wiki/terms_conditions_websites.md)
- [Terms & Conditions TFGrid Users TFGrid 3](../wiki/terms_conditions_griduser.md)
- [TFTA to TFT](../wiki/tfta_to_tft.md)
- [Terms & Conditions TFGrid Farmers TFGrid 3](../wiki/terms_conditions_farmer3.md)

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# Privacy Policy
*This privacy policy will explain how ThreeFold Movement ("companies", “we”, or “us”) uses the personal data we collect from you when you use any of our:*
{{#include ./terms_conditions/sub/websites.md}}
### What data do we collect?
All websites using the ThreeFold Movement Privacy Policy do not collect any data on a personal level by default. All data being processed is anonymized. When signing up for our newsletter we collect your: *email address*
**How do we collect your data?**
Browsing data:
We automatically collect data and process data when you use or view our website via your browser's cookies.
Newsletter Signups:
Collected only with your permission through our sign-up form that uses a double opt-in mechanism for you to explicitly accept.
### How will we use your data?
We use this information to monitor and analyze your use of our website and for the website's technical administration, to increase our website's functionality and user-friendliness, and to better tailor it to our visitors needs.
If you agree, our companies will share your data with the following partner companies so that they may offer you or us their products and services:
* Matomo: offers us services relating to monitoring and measuring website traffic and access, creating user navigation reports, etc. All information processed here is anonymized. We run this service within our own environments. The data being processed does not leave our servers and is not shared with any thrid parties.
* Mailerlite: offers us services relating newsletter sending and monitoring.
**We do not track individual IP's or any other personal data.**
The aforementioned processors operate independently from us and have their own privacy policy, which we strongly suggest you review. These processors may use the information collected through their services to evaluate visitors activity, as set out in their respective privacy policies.
### How do we store your data?
We store the anonmyzed data in Matomo for us to research usage and improve user experience on our websites.
We store email addresses in Mailerlite's system.
### Marketing
We will not use your information for any (re)marketing reasons, nor send you information about products and/or services of ours or any partner companies unless you explicitly agreed to signing up for our newsletter.
### What are your data protection rights?
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
#### The right to access
You have the right to request from us copies of your personal data. We may charge you a small fee for this service.
#### The right to rectification
You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.
#### The right to erasure
You have the right to request that we erase your personal data, under certain conditions.
#### The right to restrict processing
You have the right to request that we restrict the processing of your personal data, under certain conditions.
#### The right to object to processing
You have the right to object to our companies' processing of your personal data, under certain conditions.
#### The right to data portability
You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us:
* email: dataprivacy@threefold.io
* post address:
{{#include ./threefold_fzc_address.md}}
### What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.
For further information, visit: http://allaboutcookies.org/
### How do we use cookies?
We use cookies in a range of ways to improve your experience on our website, including:
* understanding how you use our website
* for the websites technical administration
### What types of cookies do we use?
There are a number of different types of cookies, however, our websites use:
* Functionality - Our companies use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies are used.
* No Advertising - Our companies use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. However, we will not share this data with third parties for advertising purposes.
* Analytics cookies - Our companies use these to monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
### How to manage cookies
You can set your browser to not accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
### Privacy policies of other websites
Our website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
### Changes to our privacy policy
We keep our privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 16 May 2019.
### How to contact us
If you have any questions about our privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: dataprivacy@threefold.io
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These Terms and Conditions (the "**Agreement**") constitute a legal agreement between you (“**user**," “**you**", or “**yours**”) and [THREEFOLD RELATED COMPANIES](../../about/threefold_companies.md) (“**Threefold**”, “**Company**,” “**us**,” “**we**” or “**our**”)

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## The Company
The Company has been defined on the contract who refers to this document but can be any of the following:
- The company or organization who is selling a service on the ThreeFold_Grid.
- The company who is selling/buying ThreeFold_Tokens (TFTs) as capacity on the ThreeFold_Grid.
- The company who is helping a Farmer to become active on the ThreeFold_Grid = a TF Cooperative
- The company who is selling the hardware and software required for a Farming Pool

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## The Product
The Product is the ThreeFold_Token or any service related to the ThreeFold_Grid which can be bought by The Purchaser.
The Product has been defined on the contract who refers to this document.

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## The Purchaser
The Purchaser is the person or company or organization who buys The Product from The Company.

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## SINGLE SOURCE OF TRUTH
Our single source of truth for our legal docs is stored on [Github: https://github.com/threefoldfoundation/info_legal/tree/master/](https://github.com/threefoldfoundation/info_legal)
> You can see the history of each file on github, useful to see the right version of the file in relation to the date when you signed a document or contract which linked into one of the above documents.

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websites/wikis/forums ending with threefold.io, threefold.me, grid.tf, threefold.tech, ThreeFold_Token.com, freeflownation.org, 3bot.org, incubaid.com or consciousinternet.org or any other website as used/promoted by the ThreeFold Foundation or any other site as originating from our opensource git repository on https://github.com/threefoldfoundation.

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<h1>Terms & Conditions</h1>
<h2>Table of Contents</h2>
- [Terms & Conditions ThreeFold Related Websites](./terms_conditions_websites.md)
- [Terms & Conditions TFGrid Users TFGrid 3](./terms_conditions_griduser.md)
- [TFTA to TFT](./tfta_to_tft.md)
- [Terms & Conditions TFGrid Farmers TFGrid 3](./terms_conditions_farmer3.md)
- [Terms & Conditions Sales](./terms_conditions_sales.md)

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{{#include ./terms_conditions_farmer_parts/part_0_introduction_tcs.md}}
{{#include ./terms_conditions_farmer_parts/part_1_definitions.md}}
{{#include ./terms_conditions_farmer_parts/part_2_farmer_services.md}}
{{#include ./terms_conditions_farmer_parts/part_3_farmer_grant.md}}
{{#include ./terms_conditions_farmer_parts/part_4_certified_vs_diy.md}}
{{#include ./terms_conditions_farmer_parts/part_5_farmer_responsibilities.md}}
{{#include ./terms_conditions_farmer_parts/part_6_restrictions.md}}
{{#include ./terms_conditions_farmer_parts/part_7_representations_and_warranties.md}}
{{#include ./terms_conditions_farmer_parts/part_8_capacity_measurement_minting3.md}}
{{#include ./terms_conditions_farmer_parts/part_9_capacity_utilization3.md}}
{{#include ./terms_conditions_farmer_parts/part_10_term_termination.md}}
{{#include ./terms_conditions_farmer_parts/part_11_intellectual_property.md}}
{{#include ./terms_conditions_farmer_parts/part_12_indemnification.md}}
{{#include ./terms_conditions_farmer_parts/part_13_disclaimer_limitation_liability.md}}
{{#include ./terms_conditions_farmer_parts/part_14_export_compliance.md}}
{{#include ./terms_conditions_farmer_parts/part_15_agreement_severability_waiver.md}}
{{#include ./terms_conditions_farmer_parts/part_16_governing_law_venue.md}}
## APPENDIX
{{#include threefold_companies0.md}}
{{#include ./sub/the_single_source_truth.md}}

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**FARMER TERMS AND CONDITIONS**
THESE TERMS AND CONDITIONS (THE "**AGREEMENT**") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“**FARMER**," “**YOU**", OR “**YOURS**”) AND OF THE THREEFOLD COMPANIES (“**THREEFOLD**”, “**COMPANY**,” “**US**,” “**WE**” OR “**OUR**”), GOVERNING THE TERMS OF YOUR PARTICIPATION AS A FARMER IN THE THREEFOLD GRID. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, EITHER BY CLICKING TO SIGNIFY ACCEPTANCE, OR BY TAKING ANY ONE OR MORE OF THE FOLLOWING ACTIONS DOWNLOADING, INSTALLING, RUNNING,/AND OR USING THE APPLICABLE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT EFFECTIVE AS OF THE DATE THAT YOU TAKE THE EARLIEST OF ONE OF THE FOREGOING ACTIONS. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO AND COMPLY WITH THE TERMS OF THIS AGREEMENT.

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### 10. TERM AND TERMINATION
This Agreement shall be effective as of the date that you take the earliest of the following actions: your acceptance of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions: downloading, installing, running and/or using the Software. It will continue until terminated per the terms below.
Either party may terminate this Agreement immediately at any time without notice to the other party.
In case of termination, the Farmer shall immediately cease using the Software. Any portion of Farmed or Cultivated ThreeFold_Tokens that have not been transferred to the Farmers wallet on the date of termination will be irrevocably forfeited.

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### 11. INTELLECTUAL PROPERTY
No rights are granted to the Farmer hereunder other than as expressly set forth in this Agreement. Except for Software subject to the Open Source Licenses, and except for any rights expressly granted under this Agreement, Company and its licensors own and shall retain all right, title, and interest in and to the ThreeFold_Grid and all related software (including any improvements, enhancements, customizations, and modifications thereto), the Documentation, and the Related Data, including, without limitation, all related intellectual property rights therein. For purposes hereof, the term "**Related Data**" means data derived from operation of the 3Node and of the ThreeFold_Grid via the 3Node, and any data that is aggregated by Company (including aggregations with data sourced from other Farmers and other third party data sources), and data and information regarding the Farmers access to and participation in the ThreeFold_Grid, including, without limitation, statistical usage data derived from the operation of the 3Node and ThreeFold_Grid and configurations, log data and the performance results related thereto. For the avoidance of doubt, nothing herein shall be construed as prohibiting Company from utilizing Related Data to optimize and improve the ThreeFold_Grid or otherwise operate Companys business; provided that if Company provides Related Data to third parties, such Related Data shall be de-identified and presented in the aggregate so that it will not disclose the identity of Farmers to any third party.
The ThreeFold_Grid may include access to various confidential and proprietary third party data that is utilized along with the IT Capacity, and all such data is owned by the applicable third party source or vendor. Farmer may only use such data as part of the ThreeFold_Grid and may not extract or otherwise utilize any such data except as included in and in connection with the ThreeFold_Grid. This data may be compiled from third party sources, including but not limited to, public records, user submissions, and other commercially available data sources. These sources may not be accurate or complete, or up-to-date and is subject to ongoing and continual change without notice. Neither Company nor its third party data sources make any representations or warranties regarding the data and assume no responsibility for the accuracy, completeness, or currency of the data.
Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Software and/or the ThreeFold_Grid any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Farmers relating to the features, functionality, or operation thereof ("**Feedback**"). Company shall have no obligation to use Feedback, and Farmer shall have no obligation to provide Feedback.

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### 12. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "**Indemnified Parties**") from and against all claims, damages, costs and expenses (including attorneys fees) that arise from or relate to: (i) your use of the Software; (ii) your participation in the ThreeFold_Grid; (iii) any Feedback you provide; or (iv) your breach of this Agreement.
Company reserves the right to exercise sole control over the defense of any claim subject to indemnification under the paragraph above, at your expense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
If the Software becomes, or in Companys reasonable judgment is likely to become, the subject of a claim of infringement, then Company may in its sole discretion: (a) obtain the right, for Farmer to continue using the Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Software so that it is no longer infringing. If Company, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then Company may, without liability, suspend or terminate Farmers use of the Software. This Section 12 states Companys sole liability and Farmers exclusive remedy for infringement claims.

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### 13. DISCLAIMER AND LIMITATION OF LIABILITY
The Farmer hereby acknowledges the fact that he/she has been advised that TFTs may qualify as a security and that the offers and sales of TFTs have not been registered under any countrys securities laws and, therefore, cannot be resold except in compliance with the applicable countrys laws.
The Farmer understands that the use of TFTs, the Software and/or the ThreeFold_Grid involves risks, all of which the Farmer fully and completely assumes, including, but not limited to, the risk that (i) the technology associated with the ThreeFold_Grid, 3Node and/or related Threefold products will not function as intended; (ii) the Threefold project will not be completed; (iii) Threefold will fail to attract sufficient interest from key stakeholders; and (iv) ThreeFold or any related parties may be subject to investigation and punitive actions from governmental authorities.
Except as explicitly set forth herein, Company makes no representations that the Software is appropriate for use in any jurisdictions. Farmers engaging with the ThreeFold_Grid from any jurisdictions do so at their own risk and are responsible for compliance with local laws.
The Farmer understands and expressly accepts that the TFTs, the Software and the ThreeFold_Grid were created and delivered to the Farmer at the sole risk of the Farmer on an "AS IS" and “UNDER DEVELOPMENT” basis.
COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SOFTWARE, THREEFOLD GRID, OR DOCUMENTATION WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, VIRUS FREE, OR FREE OF MALICIOUS CODE OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR ADOPT ANY CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT STORED ON THE THREEFOLD GRID. COMPANY HAS NO OBLIGATION TO SCREEN, MONITOR, OR EDIT CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER.
The Undersigned understands and expressly acknowledges that it has not relied on any representations or warranties made by the Company, TF Tech NV, Bettertoken NV, Kristof De Spiegeleer, any person or entity involved in the development or promotion of the Software and/or the ThreeFold project, or any related parties, including, but not limited to, conversations of any kind, whether through oral or electronic communication or otherwise, or any whitepapers or other documentation.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FARMER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE SOFTWARE, THE THREEFOLD GRID AND/OR THE THREEFOLD TOKENS AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THREEFOLD, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE THEREOF.
COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, OR DATA USE, OR DAMAGE TO BUSINESS) HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN PREVIOUSLY ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE, AND COMPANY SHALL ONLY BE LIABLE FOR DIRECT DAMAGES CAUSED BY ITS GROSS NEGLIGENCE. IN NO EVENT WILL COMPANYS TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE HUNDRED EURO (€ 100.00).

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### 14. EXPORT COMPLIANCE
The Software may be subject to export laws and regulations of the European Union, the United States and other jurisdictions. Farmer represents that it is not named on any E.U. or U.S. government denied-party list. Farmer shall not access or use the Software or the ThreeFold_Grid in a E.U. or U.S.-embargoed or any sanctioned country or region or in violation of any E.U. or U.S. export law or regulation. Farmer shall not use the ThreeFold_Grid to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the E.U. or U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the European Union, any EU country or the U.S. Government and any country or organization of nations within whose jurisdiction Farmer operates or does business.

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### 15. ENTIRE AGREEMENT,SEVERABILITY, WAIVER
1. This Agreement sets forth the complete and final agreement of the parties concerning the subject matter hereof, and supersedes, replaces all prior agreements, written and oral, between them concerning the subject matter hereof. If a term of this Agreement to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A partys consent to, or waiver of, enforcement of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.
2. We reserve the right to change this Agreement from time to time in our sole discretion. If we make material changes to this Agreement, we will provide notice of such changes, such as by posting the revised Farmer Terms and Conditions to the Software and on our Websites. By continuing to access or use the Software or otherwise participate in the ThreeFold_Grid after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of this Agreement. If you do not agree to the modified Agreement, you must stop interacting with the ThreeFold_Grid and disconnect all your 3Node.
3. The parties are independent contractors. No agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. Neither party has the power or authority to create or assume any obligation, or make any representations or warranties, on behalf of the other party.
4. The Farmer agrees that the Company may transfer and assign the Agreement in its sole discretion, provided a notice of such assignment is sent to the Farmer within fifteen days of such assignment.
5. Notices to Company made under this Agreement shall be made by email to legal@threefold.io AND in writing and delivered by registered mail (return receipt requested) or nationally-recognized overnight courier service to ThreeFold_Dubai, with registered office at BA1120 DMCC BUSINESS CENTRE, LEVEL NO 1, JEWELLERY & GEMPLEX 3, DUBAI, UNITED EMIRATES ARAB, attention Legal Department. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Software and/or the ThreeFold_Grid ("**Communications**"). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on our websites. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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### 16. GOVERNING LAW AND VENUE
This Agreement will be governed by Luxembourg law. Any disputes shall be subject to the jurisdiction of the courts of Luxembourg, Grand Duchy of Luxembourg.

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### 1. DEFINITIONS
Unless defined otherwise in this Agreement below, capitalized terms in this Agreement shall have the meaning ascribed to them in the following links for [Definitions](../definitions_legal.md).
SPECIAL DEFINITIONS
- THREEFOLD COMPANIES noted as (“**THREEFOLD**”, “**COMPANY**,” “**US**,” “**WE**” OR “**OUR**”) mean any of the companies as mentioned below:
- DUBAI & BVI
- THREEFOLD DMCC, TF Hub Limited
- THREEFOLD FZC (the original ThreeFold in UAE, no longer active)
- THREEFOLD LABS IT
- MAZRAA IS BRANDNAME OF THREEFOLD LABS IT
- EUROPE
- THREEFOLD VZW
- TFTECH NV BELGIUM
- BETTERTOKEN NV BELGIUM
- THREEFOLD AG
- TFCHAIN ("**TFCHAIN**")
- ThreeFold Blockchain manages the ThreeFold Grid and the 3Nodes as an autonomous piece of software.
- A DAO has been created (decentralized autonomous organization) which manages the behaviour of this Blockchain Software (upgrades & functionalities)
- Is a piece of opensource software as used by all of us together.
- TFChain has been introduces since TFGrid 3.x
- Change Request
- Change Requests can be registered on the TFChain. They are a proposal for any request for change.
- Change Requests can be used to trigger change in protocol, software update, changes in software or TFGrid specifications.
- Change Requests need to be approved by majority of Validators
- Change Requests are being introduced from TFGrid 3.x (x to be defined)
- TFChain Validators ("**VALIDATOR**")
- A Validator is a piece of software running a TFChain Blockchain Function to protect the security and sovereignity of the Blockchain.
- Each Validator has a vote to agree on changes in protocol, software updates, changes in software or TFGrid specifications.
- Each Owner / Maintainer of a Validator has to stake a certain to be defined amount of TFT before voting can happen.
- Validators are being introduced from TFGrid 3.x (x to be defined)
- Majority of Validators have to vote positively on each Change Request suggested before change can happen.
- Validators are required to let the DAO function.
- DAO
- Decentralizes Autonomous Organization
- Implemented on multiple levels, but for release 3.0.x only on level 1 which is on Substrate TFChain level.
- The DAO is the set of rules under which the decentralized organization functions.
- The DAO specifications will or are available on https://library.threefold.me (our knowledgebase)

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### 2. FARMER SERVICES
The Farmer may provide IT Capacity on the ThreeFold_Grid (the "**Farmer Services**") pursuant to the terms hereof during the Term of this Agreement. The Farmer Services include the features and functionality applicable to the version of the TF Operating System (Zero OS) installed by the Farmer and TF Blockchain Software (together also referred to as the “**Software**”). Company may update the content, functionality, and user interface of the Farmer Services from time to time in its sole discretion.
By entering into this Agreement you receive a non-exclusive, non-sublicensable, non-transferable right to provide the Farmer Services pursuant to this Agreement during the Term hereof solely for your internal business purposes subject to the limitations set forth herein.
The Software consists of open source code and is made available to you pursuant to the terms of the open-source license agreement(s) as located on https://github.com/threefoldtech and https://github.com/threefoldfoundation (the "**Open Source License(s)**"). Your use of the Software or any other Content (Information) is conditioned upon your compliance at all times with the terms of all applicable Open Source License(s). [Example license for Zero-OS can be found here](https://github.com/threefoldtech/zos/blob/main/LICENSE).
Including without limitation all provisions governing access to source code, modification, and/or reverse engineering. You are responsible for complying with any applicable documentation, meaning any information that describes the ThreeFold_Grid, provides instructions or recommendations related to the configuration and/or use of the ThreeFold_Grid, or otherwise informs Users of the intended use of the ThreeFold_Grid, including, but not limited to content provided directly to User or published at [https://library.threefold.me](https://library.threefold.me), [https://library.threefold.me](https://library.threefold.me), [https://forum.threefold.io](https://forum.threefold.io) or otherwise made available in conjunction with the ThreeFold_Grid, the ThreeFold_Token or the Software (“**Documentation**”) and for satisfying all technical requirements of the Software, including any requirements set forth in the Documentation for ensuring that the Software performs properly.

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### 3. FARMER GRANT OF RIGHT TO IT CAPACITY
By making available one or more computers, network or storage devices ("**3Nodes**") and connecting such 3Nodes to the TF Grid via the Software, you hereby grant to Company, TFChain and Users the irrevocable right to access and use the 3Nodes as follows:
- to use storage, compute and network services as delivered by your 3Node(s)
- to store data and materials by Users on your 3Node(s) (the "**Content**") and to access such Content from your 3Node(s) at any time
in accordance with the capabilities of the software installed on the 3Nodes;

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### 4. CERTIFIED VS. DIY-FARMERS
There are two types of ThreeFold Farmers:
1. Certified Farmer: Uses hardware from certified sources and signs a contract with TF Tech NV for support and additional benefits
2. Do It Yourself (DIY) Farmer: Uses any hardware and in case of support uses online material only.
Farmers can opt in for certification ("**Certification**"). Certification can be withdrawn in case the relevant 3Node does no longer comply with the applicable certification requirements.
The following criteria or requirements are checked (timing of implementation, see roadmap on wiki):
- Bandwidth: 24 times a day random non local nodes are used to upload a 2MB file to a 3Node. The bandwidth will be measured in mbit/sec
- Utilization: Through the ThreeFold Explorer the true utilization of the 3Node will be checked. It will be displayed in % of the 3Node total capacity.
- Uptime: The uptime per month will be created in the ThreeFold Explorer and is presented as a percentage of 3Node availability.
ThreeFold Foundation or TFTech may give free certification to 3Nodes that benefit the distribution of capacity on the ThreeFold_Grid.
ThreeFold Foundation or TFTech may also certify certain hardware partners (i.e. certified hardware vendors) as part of this certification process.

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### 5. FARMER RESPONSIBILITIES
At all times during the Term of this Agreement or the period when Content is maintained in your 3Node, whichever is longer:
1. You will comply with the terms of this Agreement, the [Generic Disclaimer](../disclaimer.md), [ThreeFold Website Terms](./terms_conditions_websites.md) and [Privacy Policy](../privacypolicy.md) and any other terms and conditions required by in connection herewith, the Open Source Licenses, and the terms of all other agreements to which you are a party in connection with your performance under this Agreement including, without limitation, any agreement you have with a third-party Internet service provider.
2. You will operate the 3Node in strict compliance with terms of this Agreement and any applicable laws or regulations, and will not take any action not expressly authorized hereunder.
3. Without prejudice to your rights under any applicable Open Source license, you will not modify or attempt to modify the Software for any purpose including but not limited to attempting to circumvent the audit, bypass security, manipulate the performance of, or otherwise disrupt the ThreeFold_Grid for any reason, including but not limited to attempting to increase the amount of data stored or bandwidth utilized or the amount of Farmed TFTs, as defined herein, and you will not otherwise interfere with the operation of the ThreeFold_Grid.
4. You will provide and maintain the 3Node so that, at all times, it will meet the minimum requirements set out for either pre configured servers (certified hardware) or do-it-yourself servers. [Read more here](../../../documentation/farmers/farmers.md).
5. You will implement and maintain adequate administrative, organizational, physical and technical safeguards to ensure the protection, confidentiality, security, and integrity of the 3Node and Content and shall take all reasonable steps to ensure that Content are not disclosed, accessed, used, modified, or distributed except as expressly authorized under this Agreement.
6. You acknowledge and agree that by running the Software on your hardware device and allowing IT Capacity to be made available on the TF Grid to the Users and TFCHAIN, you may act as a cloud service provider under certain circumstances and as such qualify as a processor or sub-processor under the General Data Processing Directive (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (GDPR). You undertake to comply with any legal obligations which may possibly be applicable to you as a data processor under the GDPR and/or any other applicable data privacy regulations.
7. You acknowledge and agree that by running the Software on your hardware device and allowing IT Capacity to be made available on the TF Grid to the Users, your 3Node may be impacted due to additional constraints being placed on it by the Software and the processing of Content. In particular, but without limiting the generality of the foregoing, your 3Node may not operate as quickly as it would without running the Software and making IT Capacity available for use by Users.
8. In connection with your use of the Software and/or operation of a 3Node hereunder, Company may, provide updates to the software which will be automatically provided and installed. You acknowledge that these updates are done automatically on your 3node or any other web site or portal and you don't have the ability to confirm such an update. This update mechanism might be revisited at the end of 2020 and will be communicated accordingly. These updates need to be done automatically for now, because ThreeFold_Grid consists out of many components which are depending on each other and need the right version to be installed.
9. In connection with your use of the Software and/or operation of a 3Node hereunder, Company may, from time to time, require you to affirm and/or reaffirm your agreement to the terms of this Agreement, and in such case, your continued use of the Software is contingent upon your promptly providing such affirmation as requested by Company.
10. You, as the Famer, acknowledge that you retain administrative and/or physical control over to whom you grant access to the applicable 3Node. You are responsible for maintaining the physical security of the 3Node
11. Company may suspend Famers participation in the ThreeFold_Grid if Company believes the Farmer to be: (a) violating any term of this Agreement; or (b) using the ThreeFold_Grid in a manner that Company reasonably believes may cause a security risk, a disruption to the ThreeFold_Grid, or liability for Company or any persons involved in the ThreeFold Open Source project.

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### 6. RESTRICTIONS
You will operate the 3Node in strict accordance with the terms of this Agreement and in no other manner. Without limiting the generality of the foregoing, you will not:
1. access or use the ThreeFold_Grid: (i) in violation of applicable laws; or (ii) in a manner that interferes with or disrupts the integrity or performance of the ThreeFold_Grid (or the data contained therein).
2. with respect to Content (i) reverse engineer any aspect of the Content or do anything that might discover the contents or origin of the Content, (ii) attempt to bypass or circumvent measures employed to prevent or limit access to the Content, including by attempting to defeat any encryption, or (iii) attempt to interfere with the storage or transmission of Content or with our audits of your 3Node(s);
3. manipulate or otherwise attempt to bypass, change, or update any values related to uptime detection outside the programmatic operation of the Software;
4. deliberately or actively limit or otherwise negatively impact download speed such that insufficient bandwidth is available for required audit traffic;
5. manipulate or alter the default behavior of the ThreeFold_Grid to artificially increase or decrease the value of any reputation factor of any 3Node;
6. manipulate network responses to any request with unauthorized intent to change the cryptographic signatures, NodeID, or TFT wallet address;
7. attempt to manipulate or falsify the identification of the 3Node by the Software or otherwise bypass the proof of capacity process;
8. retain any Content after the earlier of termination of this Agreement or de-certification of the applicable 3Node at any time; or
9. in any other way attempt to interfere, impede, alter, or otherwise interact in any manner not expressly authorized hereunder with the ThreeFold_Grid or the operation of any other 3Node(s).

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### 7. REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant, and covenant that:
1. You own or control your 3Node(s), and have the right to install the Software on your 3Node(s) and share IT Capacity pursuant to this Agreement, and otherwise comply with all of your obligations under this Agreement and/or applicable laws;
2. You represent and warrant that you are authorized to receive ThreeFold_Tokens (TFT) as a remuneration from Users for the usage of your IT Capacity on the ThreeFold_Grid as set forth in this Agreement;
3. You have full power and authority to enter into this Agreement and comply with all terms hereof, and that doing so will not conflict with any obligation you may owe to any third party;
4. You have the qualifications, skill, and ability to perform your obligations hereunder without the advice, control, or supervision of Company; and
5. You will at all times comply with all applicable foreign, federal, state, and local laws, orders, rules, and regulations currently in effect or that may come into effect during the term of this Agreement, including but not limited to those regarding data privacy and protection.

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### 8. TFT Minting (Token Creation FARMING of capacity) TFGrid 2.x
#### 8.1 General Principle
Farmers who connect 3Nodes on an ongoing basis to the ThreeFold_Grid by running the Software and making IT Capacity available to the Users, get rewarded by receiving ThreeFold_Tokens (TFTs) which are generated by the Software. TFTs are exclusively issued (created) by the TF Chain for each active Capacity Pool which gets and remains connected to the ThreeFold_Grid. Such issuance of TFTs that results from connecting a 3Node to the ThreeFold_Grid and making IT Capacity available on a global scale to Users is called "**Farming**".
#### 8.2 Calculation of Farmed TFTs
The details of farming (minting of TFTs) are described on our farming logic TFGrid 2 and this location serves as master for the TFT Reward Process.
The wiki is version controlled (on github), so all changes can be followed.All connected IT Capacity gets registered on the TF Chain, i.e. ThreeFolds blockchain software. Each month the TF Chain issues new TFTs and transfers them to Farmers in respect of each 3Node that remained connected to the ThreeFold_Grid during the preceding month, using the following calculation in respect of each 3Node:
![farmer_tcs_minting_equation](img/farmer_tcs_minting_equation.jpg)
The concepts of CPR, CPR Price and Difficulty Level are determined in the aforementioned wiki and are incorporated into this Agreement by reference.
The amount of TFTs that are Farmed hence depends on three variables:
_1. Proof-of-Capacity_
The specs of the Farmers relevant 3Node:
- Compute Capacity (CPU) = CRU
- Memory Capacity (RAM) = MRU
- Storage Capacity (SSD/HDD) = SRU/HRU
The performance/capability of this hardware is attributed with Cloud Units that then summarized to a Cloud Production Rate (CPR) (as further described in the abovementioned wiki) for the relevant 3Node. The higher the CPR, the more TFTs are Farmed.
_2. Difficulty Level_
The amount of ThreeFold_Tokens (TFTs) that Farmers receive for Farming also depends on the amount of TFTs that are already in circulation. The more TFTs already exist, the lower the rewards. This follows the principle of diminishing returns. We call this Farming limitation to reward the "**Difficulty Level**".
When the amount of existing TFT nears 4 billion, the amount of TFTs received by Farmers will decrease progressively. Once the aggregate amount of "Farmed" TFTs reaches four billion ThreeFold_Tokens (4,000,000,000 TFTs), there wont be any rewards for Farming anymore and no new TFTs will be generated by the Software.
The Difficulty Level is the same for all Farmers at a certain point in time.
_3. Certification_
When connecting reliable hardware the Farmer can request a certification from TF Tech NV which leads to increased earnings in TFT for such Certified Farmers. We automatically measure uptime, bandwidth and the utilization of the node for this certification. The details of this certification have to be further defined and will be set out on our wiki.
#### 8.3 Uptime
In addition thereto, the Company will determine in its sole discretion the reasonable uptime that each 3Node of the Farmer needs to to achieve when they register their 3Node(s) in the TF Chain. ThreeFold expects most 3Nodes to achieve an uptime of more than 98%, commercial providers can go as high as 99.9%. The TF Chain will only issue TFTs if the IT Capacity was connected to the internet and was usable during the last month at least up to the specified uptime guarantee.
#### 8.4 Taxes
You will be solely responsible for payment of all applicable taxes (if any) associated with your Farming of ThreeFold_Tokens (TFTA, TFT), including but not limited to value added taxes, taxes on gross receipts and income, Social Security taxes, business license fees and other payment obligations applicable to your business.
#### 8.5 Modification
The Company reserves the right to modify the terms of this section 8 (_Capacity Measurement and Minting - Farming_) at any time, including but not limited to the determination of the Difficulty Level. Such amendments will be subject to the approval of a majority of the members of the Companys Grid Counsel and a majority of the Farmers (whereby majority is measured based on nr of 3Nodes a Farmer has, each 3Node entitles the Farmer to one vote, Farmers who do not vote have no say in the decision process) who participate in an online poll organized by the Company In case of modification to these terms, the Company shall inform the Farmer at least one month in advance. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.

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### 8. TFT Minting (Token Creation FARMING of capacity) For TFGrid 3.x
#### 8.1 General Principle
Farmers who connect 3Nodes on an ongoing basis to the ThreeFold_Grid by running the Software and making IT Capacity available to the Users, get rewarded by receiving ThreeFold tokens (TFTs) which are generated by the Software. TFTs are exclusively issued (created) by the TFChain for each active Capacity Pool which gets and remains connected to the ThreeFold_Grid. Such issuance of TFTs that results from connecting a 3Node to the ThreeFold_Grid and making IT Capacity available on a global scale to Users is called "**Farming**".
#### 8.2 Calculation of Farmed TFTs
The details of farming (minting of TFTs) are described on our [farming logic](../../farming/farming_reward.md) and this location serves as master for the TFT Reward Process. The wiki is version controlled (on github), so all changes can be followed.All connected IT Capacity gets registered on the TFChain, i.e. ThreeFolds blockchain software. Each month the TFChain issues new TFTs and transfers them to Farmers in respect of each 3Node that remained connected to the ThreeFold_Grid during the preceding month, using the following calculation in respect of each 3Node:
The amount of TFTs that are Farmed hence depends on three variables:
_1. Proof-of-Capacity_
The specs of the Farmers relevant 3Node:
- Compute Capacity (CPU) = CRU
- Memory Capacity (RAM) = MRU
- Storage Capacity (SSD/HDD) = SRU/HRU
_2. PRICE OF TFT = THREEFOLD TOKEN_
The Price of TFT is registered at point of connection or an averaged out period.
Each farmer needs to register their TFT farming account in the TF Explorer through the TF Chain (see manual).
_3. Certification_
When connecting reliable hardware the Farmer can request a certification from TF Tech NV which leads to increased earnings in TFT for such Certified Farmers. We automatically measure uptime, bandwidth and the utilization of the node for this certification. The details of this certification have to be further defined and will be set out on our wiki.
The specific way how farming rewards are calculated is specified on:
- [Farming Reward](../../farming/farming_reward.md)
- [Proof-of-Capacity](../../farming/proof_of_capacity.md)
#### 8.3 Uptime
In addition thereto, the Company will determine in its sole discretion the reasonable uptime that each 3Node of the Farmer needs to to achieve when they register their 3Node(s) in the TFChain. ThreeFold expects most 3Nodes to achieve an uptime of more than 98%, commercial providers can go as high as 99.9%. The TFChain will only issue TFTs if the IT Capacity was connected to the internet and was usable during the last month at least up to the specified uptime guarantee.
#### 8.4 Taxes
You will be solely responsible for payment of all applicable taxes (if any) associated with your Farming of ThreeFold tokens (TFTA, TFT), including but not limited to value added taxes, taxes on gross receipts and income, Social Security taxes, business license fees and other payment obligations applicable to your business.
#### 8.5 Modification
The Company reserves the right to modify the terms of this section 8 (_Capacity Measurement and Minting - Farming_) at any time. Such amendments will be subject to the approval of the majority of the Farmers (whereby majority is measured based on nr of 3Nodes a Farmer has, each 3Node entitles the Farmer to one vote, Farmers who do not vote have no say in the decision process) who participate in an online poll organized by the Company or the DAO.
In case of modification to these terms, the Company or DAO shall inform the Farmer at least one month in advance. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.
The TFChain and TFGrid capabilities & specifications can change over time after getting consensus from the DAO .
The specific requirements and workings of the DAO are or will be publised on our wikisystem: [https://library.threefold.me](https://library.threefold.me).
If the DAO (by means of X nr of members of the Community) agree on a change of the protocol used or specifications for the Software or TFGrid then the Validators can allow and execute an upgrade of the system (TFChain as well as ZERO-OS software). Farmers and Users accept changes introduced this way, they accept that any of above mentioned variables can be changed that way.

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### 9. CAPACITY SALES (UTILIZATION) = TFGrid 2.X
#### 9.1 General Principles
Users (such as developers or other persons requiring IT Capacity) can rent IT Capacity from the ThreeFold_Grid in exchange for ThreeFold_Tokens (TFTs), which creates a natural economic demand. We call this process of selling IT Capacity on the ThreeFold_Grid "**Utilization**".
ThreeFold_Tokens (TFTs) are used to buy or sell IT Capacity as delivered by the Capacity Pools on the ThreeFold_Grid. In order to do so, the Farmer shall sell the IT Capacity produced on the ThreeFold_Grid via the "**ThreeFold Directory**" (or “TF Directory”). The TF Directory acts like a marketplace for selling IT Capacity generated by the Farmers 3Nodes. The TF Directory has been implmented by a tool called TF Explorer see http://explorer.grid.tf
In order to access the TF Directory and sell IT Capacity on the ThreeFold_Grid, the TF Grid user or Solution Provider offering services on the TFGrid must deploy a virtual system administrator, called the "**3Bot**". This 3bot is used, amongst others, to sell and buy IT Capacity (raw storage and compute resources) on the ThreeFold_Grid.
The reservation and use of the Farmers IT Capacity by the User is effected through "Smart Contracts for IT". The Smart Contract for IT will then be executed automatically by the software code and the requested IT workload will be deployed. The TF Explorer calculates the required TFT Token price and makes sure that the TF Farmer receives their cultivated tokens.
#### 9.2 Utilization Mechanism
IT capacity is expressed in compute & storage units.
- CU = [Compute Units](../../cloud/cloudunits.md)
- SU = [Storage Units](../../cloud/cloudunits.md)
The pricing is expressed as follows:
- CP = Compute Unit price - expressed in USD
- SP = Storage Unit price - expressed in USD
- T = Token price in USD at time of capacity reservation
Certified Farmers are free to determine the pricing of their IT Capacity. DIY (Do It Yourself) farmers have to rely on the TF Foundation to set the price of the CU and SU.
TF Foundation will do this with all best intentions in mind.
The IT capacity is sold through the TF Explorer using the smart contract for IT concept. TF Explorer is the inventory of all IT capacity available for consumption on the ThreeFold_Grid. See http://explorer.grid.tf/
Each farmer needs to register their TFT wallet in the TF Explorer and the certified farmers can register the price for the CU/SU on the TF Exlorer as well by using their farming 3bot.
> Utilization in TFT = (CU _ CP + SU _ SP) / T \* 0.9
Utilization in TFT are the TFT (Tokens) the Farmer receives when capacity has been sold as result of provisioning the IT workload by means of the IT smart contract concept.
As a result of executing the IT smart contract, 90% of the proceeds (in TFT) of the capacity sold is send to the wallet of the Farmer, 10% is send to the TF Foundation Wallet, this is an automatic action.
#### 9.3 TF Foundation Fee and License Fees TFTech
The Company (the "**Foundation Fee**") receives 10% of sales done of Cloud Units on the TF Explorer (as described above). The Company will use the revenues from the Foundation Fees to fund its projects and objectives, including, amongst others, to promote, maintain and expand the ThreeFold_Grid. The Company might also decide to burn part of those tokens (TFT) to lower the total amount of tokens in the field (burning means, destroy tokens).
In case the Farmer chooses to purchase a license from TF Tech NV in order to qualify as a Certified Farmer and provide Certified Capacity on the ThreeFold_Grid, the Farmer shall pay the relevant fee (as agreed between the Farmer and TF Tech NV directly) to TF Tech NV (the "**Certification License Fee**").
#### 9.4 Taxes
You (The Farmer) will be responsible for payment of all applicable taxes (if any) associated with your Utilization of ThreeFold_Tokens (i.e. sale of IT Capacity), including but not limited to value added taxes, sales taxes, custom taxes, and taxes on gross receipts and income.
The Farmer shall seek all necessary tax advice in order to comply with any applicable tax regulations when providing IT Capacity to Users on the ThreeFold_Grid. By way of example, the Farmer acknowledges that within the European Union, as from 1 January 2015, telecommunications, broadcasting and electronically supplied services are always taxed in the country of the customer (i.e. the tax residence of the User) regardless of whether the User is a business or a consumer.
In view thereof, the Farmer will determine the applicable Farmers Compute Unit Price and Storage unit Price (as referred to in section 9.2 above) taking into account any aforementioned taxes that may apply. ThreeFold will not be held liable for the Farmers failure to comply with its legal obligations, including but not limited to its obligation to pay any applicable taxes, and the Farmer will indemnify and hold harmless the Company for claims against the Company from any tax authorities in respect of such non-compliance by the Farmer.
#### 9.5 Modification
The Company reserves the right to modify the terms of this section 9 (_Capacity Sales - Utilization_) at any time, including but not limited to the determination of the Foundation Fee. In case of modification to these terms, the Company shall inform the Farmer at least one month in advance. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.
#### 9.6 Breach
In addition to its other rights and remedies under this Agreement, the Farmer forfeit any right to compensation under this Agreement if Farmer breaches any terms thereof.

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### 9. CAPACITY UTILIZATION (UTILIZATION) FOR TFGRID 3.X
#### 9.1 General Principles
Users (such as developers or other persons requiring IT Capacity) can use IT Capacity from the ThreeFold_Grid in exchange for ThreeFold_Tokens (TFTs), which creates a natural economic demand. We call this process of using IT Capacity on the ThreeFold_Grid "**Utilization**".
ThreeFold_Tokens (TFTs) are used to buy IT Capacity as delivered by the 3Nodes (by a process called Farming) on the ThreeFold_Grid. The capacity can be consulted by means of a tool called TF Explorer see http://explorer.grid.tf.
#### 9.2 Utilization Mechanism
IT capacity is expressed in [network, compute & storage units](../../cloud/cloudunits.md).
- CU = Compute Units
- SU = Storage Units
- NU = Network Units
TF Explorer is the inventory of all IT capacity available for consumption on the ThreeFold_Grid. See http://explorer.grid.tf/
TFT received for people using capacity is disributed as follows:
| Percentage | Description | Remark |
| ---------- | -------------------------------------- | ------------------------------------------------------------------------ |
| 35% | needs to be burned | results in more TFT burned compared to generated once grid more mature. |
| 10% | to TF Foundation | used to promote the manage the project. |
| 5% | to Staking Pool for TF Validators | used to reward the people who run the TFChain 3.0 blockchain validators. |
| 50% | for solution providers & sales channel | managed by [ThreeFold DAO](../../about/dao/dao.md). |
The single source of truth for Utilization specifications is available [here](../../farming/proof_of_utilization.md).
#### 9.4 Taxes
You (The Farmer) will be responsible for payment of all applicable taxes (if any) associated with your Utilization of ThreeFold_Tokens (i.e. sale of IT Capacity), including but not limited to value added taxes, sales taxes, custom taxes, and taxes on gross receipts and income.
The Farmer shall seek all necessary tax advice in order to comply with any applicable tax regulations when providing IT Capacity to Users on the ThreeFold_Grid. By way of example, the Farmer acknowledges that within the European Union, as from 1 January 2015, telecommunications, broadcasting and electronically supplied services are always taxed in the country of the customer (i.e. the tax residence of the User) regardless of whether the User is a business or a consumer.
In view thereof, the Farmer will determine the applicable Farmers Compute Unit Price and Storage unit Price (as referred to in section 9.2 above) taking into account any aforementioned taxes that may apply. ThreeFold will not be held liable for the Farmers failure to comply with its legal obligations, including but not limited to its obligation to pay any applicable taxes, and the Farmer will indemnify and hold harmless the Company for claims against the Company from any tax authorities in respect of such non-compliance by the Farmer.
#### 9.5 Modification
The Company reserves the right to modify the terms of this section 9 (_CAPACITY UTILIZATION (UTILIZATION)_) at any time. Such amendments will be subject to the approval of the TFChain Validators who protect the TFChain (Substrate based chain on Level 1) through our DAO.
In case of modification to these terms, the Company or DAO shall inform the Farmers and Community at least one month in advance by means of forum or chat or other mechanism. In case the Farmer would not agree to such modifications, the Farmer shall have the right to immediately and unilaterally terminate this Agreement by disconnecting the Farming Pool from the ThreeFold_Grid.
The TFChain and TFGrid capabilities & specifications can change over time after getting consensus from the DAO .
The specific requirements and workings of the DAO are or will be publised on our wikisystem: https://library.threefold.me
If the DAO (by means of X nr of members of the Community or Validators) agree on a change of the protocol used or specifications for the Software or TFGrid then the Validators can allow and execute an upgrade of the system (TFChain as well as ZERO-OS software). Farmers and Users accept changes introduced this way, they accept that any of above mentioned variables can be changed that way.
#### 9.6 Breach
In addition to its other rights and remedies under this Agreement, the Farmer forfeit any right to compensation under this Agreement if Farmer breaches any terms thereof.

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**USER TERMS AND CONDITIONS**
{{#include ./sub/parties_threefold.md}}
, governing your usage of the ThreeFold software and related products (the “**TF Products**”), including but not limited to:
- The ThreeFold software and technologies (the "**Software**"), including:
- "**Zero OS**", a stateless operating system which enables distributed hardware to form the ThreeFold_Grid which generates IT Capacity (storage and compute capacity)
- "**Zero Chain**", the blockchain framework
- and any other related software components which are referenced in github under [https://github.com/threefoldtech](https://github.com/threefoldtech) and [https://github.com/threefoldfoundation](https://github.com/threefoldfoundation)
- Threefold applications (including the ThreeFold Connect app)
- ThreeFold Tokens (TFTs)
- The TFGrid and any related products.
The terms of your interaction with the websites, social networks or online communication channels maintained by the Company (including but not limited to the posting or publishing of content, information or promotional materials) shall be governed by the Terms of Service referred to on [www.threefold.io](https://www.threefold.io), which are incorporated herein by reference.
The IT Capacity services provided by Farmers on the ThreeFold_Grid are governed by the present Agreement, but may be supplemented by additional terms agreed between the relevant Farmer and the User governing their delivery, access and use of the IT Capacity through the ThreeFold_Grid. This supplementation shall not extend the liability of ThreeFold.
You understand and agree that by accepting the terms of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions downloading, installing, running,/and or using the applicable TF Products, you agree to be bound by the terms of this Agreement effective as of the date that you take the earliest of one of the foregoing actions. You represent and warrant that you are 18 years old or older and have the right and authority to enter into and comply with the terms of this Agreement.
{{#include ./terms_conditions_farmer_parts/part_1_definitions.md}}
### 2. USE OF TF PRODUCTS
By entering into this Agreement you receive a non-exclusive, non-sublicenseable, non-transferable right to use the TF Products pursuant to this Agreement during the Term hereof solely for your internal business purposes subject to the limitations set forth herein.
You acknowledge that the Software consists of open source code which is made available to you pursuant to the terms of the relevant open-source license agreement(s) as specified in github under [https://github.com/threefoldtech](https://github.com/threefoldtech) and [https://github.com/threefoldfoundation](https://github.com/threefoldfoundation) (the "**Open Source License(s)**"). Your use of the Software and the TF Products is conditioned upon your compliance at all times with the terms of all applicable Open Source License(s), including without limitation all provisions governing access to source code, modification, and/or reverse engineering. You are responsible for complying with any applicable documentation, meaning any information that describes the TF Products, provides instructions or recommendations related to the configuration and/or use of the TF Products, or otherwise informs Users of their intended use, including, but not limited to content provided directly to User or published at or otherwise made available in conjunction with the ThreeFold_Grid, the ThreeFold_Token or the Software (“**Documentation**”) and for satisfying all technical requirements of the TF Products, including any requirements set forth in the Documentation for ensuring that the TF Products perform properly.
### 3. FARMER GRANT OF RIGHT TO FARMING POOL
By making available one or more computers, network or storage devices ("**3Nodes**") and connecting such 3Nodes to the TF Grid (as part of a Farming Pool) via the Software, you hereby grant to Company and Users the irrevocable right to access and use the 3Nodes as follows:
- to use storage, compute and network services as delivered by your 3Node(s)
- to store data and materials by Users on your 3Node(s) (the "**Content**") and to access such Content from your 3Node(s) at any time
in accordance with the capabilities of the software installed on the 3Nodes;
### 4. REGISTRATION TO THE THREEFOLD CONNECT (FORMERLY 3BOT CONNECT) APPLICATION
In order to access certain TF Products you will be required to install the ThreeFold Connect application on your device and register your account in this ThreeFold Connect application by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a User ("**3Bot Administrator**"), you represent and warrant that you are authorized to make decisions on behalf of the User and agree that ThreeFold is entitled to rely on your instructions.
You are responsible for notifying us at legal@threefold.io if you become aware of any unauthorized use of or access to your 3Bot account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. ThreeFold will not be liable for any loss, damages, liability, expenses or attorneys fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys fees incurred by ThreeFold or a third party due to someone else using your account. In the event that the 3Bot Administrator or User loses access to an account or otherwise requests information about an account, ThreeFold reserves the right to request from the 3Bot Administrator or User any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
### 5. USE OF THREEFOLD TOKENS
ThreeFold_Tokens (TFTs) are a digital token used to buy autonomous and decentralized IT Capacity (compute, storage, network, IT services, applications) on the ThreeFold_Grid. TFTs have a specific commercial utility, since ThreeFold_Tokens were conceived as the designated currency for buying and selling IT Capacity on the ThreeFold_Grid.
TFTs are exclusively generated through a process called Farming, which means that TFTs are created only when new IT Capacity is added to the ThreeFold_Grid. TFTs are registered on a blockchain which is part of the Stellar Network ([https://stellar.org](https://stellar.org/)), Binance Smart Chain, a Cosmos Chain or our own TFChain.
The first batch of TFTs that got registered in the blockchain consists of the Genesis Block of 685 million TFTs that were Farmed by or on behalf of the Company using an initial Farming Pool, also known as the Genesis Pool.
Two versions of ThreeFold_Tokens have been issued:
- A first version of the ThreeFold_Token was issued as from March 2018 on ThreeFolds initial blockchain called Rivine. These TFTs are also referred to as "TFTv1" or “TFTA”. These tokens have now been migrated to the Stellar blockchain.
- A second version of the ThreeFold_Token was issued as from May 2020 on the Stellar blockchain. These TFTs are also referred to as "TFTv2". This token is available on multiple blockchains, the total amount of tokens farmed is the same independent of blockchain used, TFBridges are used to migrate TFTs between blockchain technology.
While the original TFTv1 kept all same properties and benefits, they are now called TFTA on the Stellar blockchain. Since the creation of the TFTv2, TFTAs have become ThreeFolds voluntary staking pool of Tokens, which means these TFTs can only be used to buy IT Capacity and cannot be traded otherwise. However any User can convert TFTAs into TFTs (i.e. TFTv2) by implementing a few simple migration steps which can be found [here](./tfta_to_tft.md). Once converted, any TFTs can be traded or transferred by various means as the User deems fit, as further explain [here](../../../documentation/threefold_token/buy_sell_tft/buy_sell_tft.md).
The TF Foundation has chosen to use multiple blockchain technology for storing and managing the TFT. You can use any wallet that supports the chosen blockchain, including but not limited to the wallet included in the ThreeFold Connect app.
Your use of the TF Products and/or TFTs constitutes your acknowledgement of the aforementioned general principles relating to the ThreeFold_Tokens. As a User you furthermore acknowledge that:
- each TFT constitutes a value of exchange on the ThreeFold_Grid;
- you have been advised that the ThreeFold_Tokens are the result of farming which means a Farmer connects IT Capacity to the ThreeFold_Grid;
- as such the TFTs have not been registered under any countrys securities laws;
- TFTs are neither securities nor an investment instrument; and
- the purchase, creation or use of TFTs involve risks, all of which the User fully and completely assumes by entering into this Agreement.
### 6. MODIFICATIONS TO THE TF PRODUCTS
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, any TF Products (or any features or functionality thereof) at any time without notice and without obligation or liability to you. You agree that ThreeFold shall not be liable to you or any third party for any modification, suspension, or discontinuance of the TF Products or related services.
### 7. USER RESPONSIBILITIES
At all times during the Term of this Agreement or the period when you use any TF Products, your Content is maintained in a 3Node or TFTs are maintained in a wallet address of which you hold the private keys, whichever is longer:
1. You will comply with the terms of this Agreement and the [Privacy Policy](../privacypolicy.md) and any other terms and conditions required by in connection herewith, the Open Source Licenses, and the terms of all other agreements to which you are a party in connection with your performance under this Agreement including, without limitation, any agreement you have with a third-party service provider.
2. You will use and operate the TF Products in strict compliance with terms of this Agreement and any applicable laws or regulations, and you will not take any action not expressly authorized hereunder.
3. Without prejudice to your rights under any applicable Open Source license, you will not modify or attempt to modify the TF Products for any purpose including but not limited to attempting to circumvent the audit, bypass security, manipulate the performance of, or otherwise disrupt the TF Products for any reason, including but not limited to attempting to increase the amount of data stored or bandwidth utilized, as defined herein, and you will not otherwise interfere with the operation of the ThreeFold_Grid.
4. You acknowledge and agree that the Company has no practical access to your data or knowledge of the nature of the data stored on your 3Bot or the 3Nodes (including but not limited to Content) and that it does not retain any Content or other data that you process using the ThreeFold_Grid. The Company has no control in the management of such Content or data, nor any influence in the specific processing procedures. The Company will never pursue changes to TF Products that could make User data accessible to Company or third parties. We are a neutral intermediary and do not act on behalf of a Farmer, User or any other party to process Content or User data and thus you acknowledge and agree that we should not be qualified as data processors or sub-processor under the General Data Processing Directive (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (GDPR).
5. Company may suspend Users use of the TF Products if Company believes the User to be: (a) violating any term of this Agreement; or (b) using the TF Products in a manner that Company reasonably believes may cause a security risk, a disruption to the TF Products (including the ThreeFold_Grid), or liability for Company or any persons involved in the ThreeFold Open Source project.
### 8. USAGE RESTRICTIONS (ACCEPTABLE USE)
You will use the TF Products in strict accordance with the terms of this Agreement and in no other manner. Without limiting the generality of the foregoing, you will not:
1. access or use the TF Products: (i) in violation of applicable laws; (ii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; (iii) in a manner that interferes with or disrupts the integrity or performance of the ThreeFold_Grid (or the data contained therein); or (iv) in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying their use of the TF Products or that could damage, disable, overburden or impair the functioning of the TF Products in any manner.
2. delete or otherwise render Content unavailable for recovery independent of the programmatic functionality of the relevant software;
3. violate, infringe or misappropriate any intellectual property or other third-party right or commit a tort;
4. modify, copy (other than standard page caching), publicly perform, publicly display, sell, rent, lease, timeshare or otherwise distribute the TF Products, in whole or in part. This restriction does not apply to open source software we release, which you can use subject to the applicable open source software license terms;
5. attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the TF Products, without providing prior notice to Company of the method used to bypass or circumvent;
6. in any other way attempt to interfere, impede, alter, or otherwise interact with the TF Products in any manner not expressly authorized hereunder;
7. use any of the TF Products other than for its intended purposes; or
8. use the TF Products to engage in or promote any activity that violates these User Terms and Conditions.
### 9. CONTENT RESTRICTIONS
The IT Capacity that is made available on the ThreeFold_Grid can be used by any Users to create, post, upload, share or store Content, such as text, graphics, photos, videos, sound, data or other information and materials submitted or provided by Users.
We have no access to, nor do we control, own, or endorse any Content that you transmit, store or process via the ThreeFold_Grid or any other TF Products. You are solely responsible for any Content stored using the ThreeFold_Grid or any TF Products, and for any data that you have entered using the ThreeFold Connect application. You hereby represent and warrant that (1) you own all intellectual property rights (or have obtained all necessary permissions) to provide your Content and other data; (2) such Content and other data will not violate any agreements or confidentiality obligations; and (3) such Content and data will not violate, infringe or misappropriate any intellectual property right or other proprietary rights of any person or third party.
You will not create, post, share or store Content or other data that:
1. is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, otherwise create liability or violate any local, state, national or international law;
3. intentionally misleads by containing or depicting any statements, remarks or claims that do not reflect your honest views and experiences;
4. impersonates, or misrepresents your affiliation with, any person or entity (including Company);
5. references or depicts Company, our TF Products or any related services but fails to disclose any material connection to us that may exist;
6. contains any unsolicited promotions, political campaigning, advertising or solicitations;
7. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
8. in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the TF Products, or that may expose Company or others to any harm or liability of any type;
### 10. REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant, and covenant that:
1. You have full legal capacity, power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement constitutes valid and binding obligations of the User, enforceable in accordance with its terms.
2. You are NOT a target person or entity under any restrictive measures in the framework of the EU Common Foreign and Security Policy and you are NOT named on any E.U. or U.S. government denied-party list.
3. You are, and have at all times been, in compliance in all material respects with each legal requirement that is are applicable to you, or the ownership of your assets, relating to money laundering (including but not limited to applicable anti-money laundering regulations).
4. You have been advised and acknowledge that the ThreeFold_Tokens or TFTs are NOT issued by any company or organization and are only registered in the TF BlockChain as an automatic action when a Farmer connects IT Capacity to the ThreeFold_Grid, as such they have not been registered under any countrys securities laws.
5. You understand that the TFTs involve risks, all of which you fully and completely assume. You understand and expressly accept that the TFTs will be created and delivered to you at your sole risk on an "AS IS" basis. You understand and expressly accept that you have not relied on any representations or warranties made by the Company outside this Agreement, including, but not limited to, conversations of any kind, whether through oral or electronic communication, or any white paper. Without limiting the generality of the foregoing, you assume all risk and liability for the results obtained by any use of TFTs and regardless of any oral or written statements made by or on behalf of the Company, by way of technical advice or otherwise, related to the use of the TFTs.
6. You have such knowledge and experience in technology, financial and business matters that you are capable of evaluating the merits and risks of such purchase of TFTs and corresponding IT Capacity and are able to bear the economic risk of such acquisition for an indefinite period of time.
7. You are executing this Agreement for your own account, not as a nominee or agent.
8. You understand that you have no right against the Company or any other person related to the ThreeFold project except in the event of the Companys breach of this agreement or intentional fraud.
9. You understand that you bear sole responsibility for any taxes as a result of the matters and transactions the subject of this Agreement, and any future acquisition, ownership, use, sale or other disposition of TFTs. To the extent permitted by law, you agree to indemnify, defend and hold the Company or any of its affiliates, employees or agents (including developers, auditors, contractors or founders) harmless for any claim, liability, assessment or penalty with respect to any taxes (other than any net income taxes of the Company) associated with or arising from your acquisition, use or ownership of TFTs hereunder.
### 11. TERM AND TERMINATION
This Agreement shall be effective as of the date that you take the earliest of the following actions: your acceptance of this Agreement, either by clicking to signify acceptance, or by taking any one or more of the following actions: downloading, installing, running and/or using any TF Product. It will continue until terminated per the terms below.
Either party may terminate this Agreement immediately at any time without notice to the other party.
In case of termination, the User shall immediately cease using the TF Products.
### 12. FEEDBACK
Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the TF Products any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Users relating to the features, functionality, or operation thereof ("**Feedback**"). Company shall have no obligation to use Feedback, and User shall have no obligation to provide Feedback.
### 13. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Company and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "**Indemnified Parties**") from and against all claims, damages, costs and expenses (including attorneys fees) that arise from or relate to: (i) your use of the TF Products; (ii) any Feedback you provide; or (iii) your breach of this Agreement.
Company reserves the right to exercise sole control over the defense of any claim subject to indemnification under the paragraph above, at your expense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
If any TF Product becomes, or in Companys reasonable judgment is likely to become, the subject of a claim of infringement, then Company may in its sole discretion: (a) obtain the right, for User to continue using such TF Product; (b) provide a non-infringing functionally equivalent replacement; or (c) modify such TF Product so that it is no longer infringing. If Company, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then Company may, without liability, suspend or terminate Users use of the relevant TF Product. This Section 12 states Companys sole liability and Users exclusive remedy for infringement claims.
### 14. DISCLAIMER AND LIMITATION OF LIABILITY
The User hereby acknowledges the fact that he/she has been advised that TFTs may qualify as a security and that the offers and sales of TFTs have not been registered under any countrys securities laws and, therefore, cannot be resold except in compliance with the applicable countrys laws.
The User understands that the use of TFTs, the other TF Products and/or the ThreeFold_Grid involves risks, all of which the User fully and completely assumes, including, but not limited to, the risk that (i) the technology associated with the ThreeFold_Grid, 3Nodes, 3Bot and/or related TF Products will not function as intended; (ii) the Threefold project will not be completed; (iii) Threefold will fail to attract sufficient interest from key stakeholders; and (iv) ThreeFold or any related parties may be subject to investigation and punitive actions from governmental authorities.
Except as explicitly set forth herein, Company makes no representations that the TF Products are appropriate for use in any jurisdictions. Users engaging with the TF Products from any jurisdictions do so at their own risk and are responsible for compliance with local laws.
The User understands and expressly accepts that the TFTs, ThreeFold Connect App, the ThreeFold_Grid and other TF Products were created and made available to the User at its sole risk on an "AS IS" and “UNDER DEVELOPMENT” basis.
COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE TF PRODUCTS OR DOCUMENTATION WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, VIRUS FREE, OR FREE OF MALICIOUS CODE OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT CONTROL, ENDORSE, SPONSOR, OR ADOPT ANY CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT STORED ON THE THREEFOLD GRID. COMPANY HAS NO OBLIGATION TO SCREEN, MONITOR, OR EDIT CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO INDEMNITY, SUPPORT, SERVICE LEVEL, OR OTHER OBLIGATIONS HEREUNDER.
User understands and expressly acknowledges that it has not relied on any representations or warranties made by the Company, TF Tech NV, Bettertoken NV, Kristof De Spiegeleer, any person or entity involved in the development or promotion of the TF Products and/or the ThreeFold project, or any related parties, including, but not limited to, conversations of any kind, whether through oral or electronic communication or otherwise, or any whitepapers or other documentation.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE TF PRODUCTS (INCLUDING THE THREEFOLD TOKENS) AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THREEFOLD, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE THEREOF.
COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, OR DATA USE, OR DAMAGE TO BUSINESS) HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN PREVIOUSLY ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE, AND COMPANY SHALL ONLY BE LIABLE FOR DIRECT DAMAGES CAUSED BY ITS GROSS NEGLIGENCE. IN NO EVENT WILL COMPANYS TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE HUNDRED EURO (€ 100.00).
### 15. RELEASE
To the fullest extent permitted by applicable law, you hereby explicitly release (1) the TF Foundation (ThreeFold_Dubai), (2) each individual or entity acting as a Farmer, (3) TF Tech NV, (4) any of the companies or individuals related to these entities, and (5) any person contributing or otherwise assisting in developing, marketing or distributing the TF Products (hereinafter collectively referred to as "**ThreeFold Relatives**") from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to:
- the acts or omissions of third parties; and
- your purchase of TFTs (if any) from ThreeFold Relatives, regardless of the names or former names under which such TFTs may have been identified in the relevant contracts (e.g. Internal ThreeFold_Tokens, iTFTs, TFTs, etc.).
If and to the extend you have purchased or otherwise acquired TFTs from ThreeFold Relatives that were identified in the relevant contracts as Internal ThreeFold_Tokens or iTFTs, your use of the TF Products (including your subsequent receipt or acceptance of TFTs) implies your confirmation that such purchase or acquisition has been duly completed as a result of your receipt of a corresponding amount of TFTs, and that all deliverables under the relevant contracts (known as iTFT Purchase Agreement, TFT Purchase Agreement or ITO investment agreement) have been duly delivered and that there are no further obligations from any ThreeFold Relatives to you in relation to such contracts.
### 16. EXPORT COMPLIANCE
The TF Products may be subject to export laws and regulations of the European Union, the United States and other jurisdictions. The User represents that it is not named on any E.U. or U.S. government denied-party list. The User shall not access or use the TF Products in a E.U. or U.S.-embargoed or any sanctioned country or region or in violation of any E.U. or U.S. export law or regulation. User shall not use the TF Products to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the E.U. or U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the European Union, any EU country or the U.S. Government and any country or organization of nations within whose jurisdiction the User operates or does business.
### 17. ENTIRE AGREEMENT,SEVERABILITY, WAIVER
1. This Agreement sets forth the complete and final agreement of the parties concerning the subject matter hereof, and supersedes, replaces all prior agreements, written and oral, between them concerning the subject matter hereof. If a term of this Agreement to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A partys consent to, or waiver of, enforcement of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.
2. We reserve the right to change this Agreement from time to time in our sole discretion. If we make material changes to this Agreement, we will provide notice of such changes, such as by posting the revised User Terms and Conditions on our websites or in the ThreeFold Connect application. By continuing to access or use the TF Products or otherwise participate in the ThreeFold_Grid after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of this Agreement. If you do not agree to the modified Agreement, you must stop using and interacting with the TF Products.
3. The parties are independent contractors. No agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. Neither party has the power or authority to create or assume any obligation, or make any representations or warranties, on behalf of the other party.
4. The User agrees that the Company may transfer and assign the Agreement in its sole discretion, provided a notice of such assignment is sent to the User within fifteen days of such assignment.
5. Notices to Company made under this Agreement shall be made by email to legal@threefold.io AND in writing and delivered by registered mail (return receipt requested) or nationally-recognized overnight courier service to ThreeFold_Dubai, United Arab Emirates, attention Legal Department. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Software and/or the ThreeFold_Grid ("**Communications**"). We may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on our websites. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
### 18. OPERATIONS OF THIRD-PARTY'S DIGITAL ASSET PROTOCOLS AND SERVICES
1. TF Tech NV (“TF Tech) does not provide (investment) advice regarding cryptocurrencies. You acknowledge that any information provided as part of TF Techs ThreeFold Connect App and/or ThreeFold Wallet (the “Platforms”) is not intended as a (personal) recommendation to buy, sell or hold (cryptocurrency) assets. All trading services offered on or through TF Techs Platforms are offered on the basis of "execution only". Your orders are executed automatically by our systems.
2. You hereby confirm to be aware of and accept the risks associated with the purchase, sale and holding of cryptocurrencies and agree not to enter into transactions that can lead to losses that you cannot bear.
3. TF Tech does not have control over the delivery, quality, legality, safety or any other aspects of any digital assets or services provided to you by third parties.
4. TF Tech assumes no responsibility for the operation of the underlying software protocols which govern the operation of the cryptocurrencies other than the ThreeFold Token (TFT) which may be displayed or referred to on its software and services, including but not limited to, its Platforms.
5. TF Tech NV does not own or control the underlying software protocols which govern the operation of third partys digital assets supported on Platforms. Generally, the underlying protocols are controlled by third-party services. TF Tech NV assumes no responsibility for the operation of the underlying protocols and is not able to guarantee the functionality, availability, or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the third partys digital asset you store in TF Techs Platforms.
6. TF Tech does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by TF Tech NV in determining whether to continue to use the ThreeFold Connect App account or “Platforms” for the affected third-partys digital asset. In the event of any such operational change, TF Tech NV reserves the right to take such steps as may be necessary to protect the security and safety of assets held on ThreeFolds “Platforms”, including temporarily suspending operations, and other necessary steps. TF Tech NV will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of TF Techs control and may occur without notice to TF Tech NV. TF Tech NVs response to any material operating change is subject to its sole discretion and includes deciding not to support a third-partys digital asset fork, or other actions.
7. You acknowledge and accept the risks of operating changes to third-partys digital asset protocols and agree that TF Tech NV is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that TF Tech NV has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with third-partys digital assets, operational changes, unsupported currencies, or protocols.
### 19. TAXES
1. You shall be solely responsible for and shall pay (and shall indemnify TF Tech against any liability with respect to any failure by you to pay) all income taxes, value added taxes, goods and services taxes and any and all other taxes or sums due to national, federal, state or local governments (as the case may be) as a result of your use of the Platforms..
2. You acknowledge that only you are responsible for the provision of information to tax authorities where such is required. Notwithstanding the above, upon request from a tax authority, TF Tech will provide information relating to you to the tax authorities.
### 20. EXCLUSION OF LIABILITY
1. For the avoidance of doubt and notwithstanding the generality of the liability limitations set out in the applicable terms and conditions governing your use of the Platforms and/or other software or services provided by TF Tech, no liability shall exist in any manner whatsoever for:
- differences in prices resulting from delayed processing of buy- or sell orders;
- cancellation of orders by reason of clearly misquoted prices;
- any damage incurred relating to the ThreeFold Wallet feature;
- any losses resulting from hacks, system failures and/or regulatory actions; and
- any indirect loss (including consequential loss, loss of income and profit, loss of data and non-material loss).
2. Except in case of intentional misconduct by TF Tech, the liability of TF Tech in respect of the Platforms shall in all cases be limited to the amount paid by you for the Platforms during the month prior to the moment the cause of the damage occurred.
### 21. GOVERNING LAW AND VENUE
This Agreement will be governed by Luxembourg law. Any disputes shall be subject to the jurisdiction of the courts of Luxembourg, Grand Duchy of Luxembourg.
## APPENDIX
{{#include threefold_companies0.md}}
{{#include ./sub/the_single_source_truth.md}}

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# Terms Conditions Sales
These terms and conditions (the “Agreement") constitute a legal agreement between you (“farmer,”, "customer", “you", or “yours”) and TF Tech NV, with registered office at Antwerpse Steenweg 19, B-9080 Lochristi, Belgium, (company number KBO 0712.845.674) ("we" "our" or the "Company") regarding our the sales of a service or product to you.
## DEFINITIONS AND RELATED TERMS
The definitions which apply to this Agreement, unless stated otherwise herein, can be found [here](../definitions_legal.md), and are incorporated herein by reference.
## TF TECH GENERAL TERMS AND CONDITIONS OF SALE
Unless explicitly stated otherwise in a specific agreement, these General Terms and Conditions of Sale, together with the Sales Order, represent the entire agreement (“Agreement”) between you or the entity you represent, and TF Tech NV, a Belgian limited liability company with registered office at Antwerpsesteenweg 19, B-9080 Lochristi, Belgium, registered with the Crossroads Bank of Enterprises under company number 0712.845.674 (RPR Gent, district Gent) (the “Company”).
### 1. SALES ORDERS
Company will issue a Sales Order (either electronically or otherwise in writing), and such Sales Order must be explicitly accepted by the Customer. In order to qualify as a Sales Order, the relevant document shall specify, without limitation, at least:
- The identity of the Customer;
- The Deliverables;
- The Effective Date;
- The Acceptance Period; and
- The prices and fees to be paid in respect of the Deliverables.
In addition, each Sales Order issued may set forth (i) the applicable quantities, (ii) the unit prices, (iii) the bill-to address, (iv) the site(s) where any Services are to be performed (if applicable), and (v) any additional special terms or instructions.
### 2. PRICING AND PAYMENT
The prices and fees for Deliverables shall be as set forth in the Sales Order. All prices will be displayed in the Customers local currency where they have chosen that option. In such case prices are displayed in the Customers local currency for information purposes only. The final contracted price shall be in EUR and may be subject to bank charges and/or currency exchange fees which will be borne by Customer.
Company shall issue an invoice against each accepted Sales Order (the “Invoice”). The Invoice shall be made available either electronically, in writing or online through the Companys electronic invoicing system (if any).
Each Invoice shall automatically become due and payable on the date of issuance of the Sales Order.
In the event that Customer fails to make any payment of undisputed amounts on or prior to the applicable invoice due date (as determined in accordance with this Section 3), then those undisputed amounts shall accrue interest from the due date at a rate of eight percent (8%) per annum (or such lesser rate as may be the maximum permissible rate allowed under applicable law), calculated from the first day when such amount became due and owing until the date on which such amount is paid. The Companys right to claim additional damages shall remain unaffected.
Customer shall pay all federal, state or local sales or use taxes and any other government taxes, fees, duties or charges that are imposed upon the fees and charges paid by Customer to Company pursuant to this Agreement. Company will be responsible for all other taxes arising from the transactions contemplated by this Agreement, including, without limitation, any taxes based upon Companys property, net income or gross receipts. Customer shall pay all such amounts directly to the taxing authority unless the taxing authority requires that Company collect and remit payment, in which event Customer shall pay such amounts to Company and Company shall remit such amounts to the authority and provide Customer with a certificate stating that such amounts were so remitted. Customer and Company shall reasonably cooperate in order to take actions to minimize, or to qualify for exemptions from, any applicable taxes, duties or tariffs. Such cooperation shall include, without limitation, the furnishing of certifications that purchases by Customer are for purposes of resale, if applicable, and must be used in accordance with any local and international laws. Customer and Company shall each have the right to protest or appeal any tax or charge assessed against it by any taxing authority with respect to the subject matter of this Agreement.
### 3. DELIVERY AND ACCEPTANCE
Delivery. Unless otherwise agreed, prices and delivery are ExWorks (INCOTERMS 2010) from the production premises of the Company in Lochristi (Belgium) or the third party designated in the Sales Order. Any charges Company may be required to pay or collect on the sale, purchase, delivery, storage, use or transportation of the goods shall be paid by Customer.
Export regulations. Customer is responsible for complying with all applicable export and/or re-export restrictions and regulations.
Title; Risk of Loss. Unless otherwise agreed, the risk of loss passes to Customer on the date when the goods are delivered to the carrier, as described in INCOTERMS 2010 (the “Delivery Date”). Where the risk of loss has passed to Customer, Customer must obtain redress for freight losses, shortages or damages from the carrier or its insurer. Company is not responsible for any such losses. Notwithstanding any provision of INCOTERMS 2010 or contained herein, equitable title and accession to the goods shall, where permitted by law, remain with Company until Customer has paid in full. This shall be the case even if legal title to the goods shall be deemed by law to have passed to Customer at the time of delivery and prior to performance of all of Companys obligations. Customer shall grant and by acceptance of the goods is deemed to have granted to Company a first security interest in all goods to secure payment of amounts owed by Customer. In certain circumstances for instance for very large orders Customer agrees to execute a financing statement at Company's request. Company may reclaim any goods delivered or in transit if Customer fails to make payment when due.
Inspection and Acceptance. Customer will evaluate any Deliverable that has been delivered to Customer or performed in accordance with this Agreement to determine whether it complies with all applicable Specifications. Customer shall give Company written notice of Acceptance or Rejection within the Acceptance Period.
Upon notice of Rejection, Customer may:
immediately return to Company the relevant Deliverables, provided such Deliverables are in good working condition and without damage, in which case the Invoice will be cancelled through a credit note;
direct Company to correct the nonconformity, in which case Company (at no cost to Customer) shall correct the nonconformity within thirty (30) days of Customers request; or
upon mutual agreement of the Parties, pay Company a reduced amount for the nonconforming item (in which case the Invoice will be partially cancelled accordingly through a credit note).
Deliverables provided to Customer will be deemed accepted:
in the absence of any notice of Rejection within or at the expiration of the Acceptance Period; or
in the absence of any return of the Deliverables within the Acceptance Period.
### 4. USAGE RESTRICTIONS
Customer acknowledges that any use or purchase of the Hardware or Services for fraudulent or illegal purposes or purchases Hardware or Services in a fraudulent manner will irrevocably invalidate any Agreement between the Customer and Company and may lead to prosecution.
### 5.WARRANTIES
Hardware Warranty by Company to Customer. The Hardware supplied by Company pursuant to this Agreement is manufactured and/or developed by third party vendors and will carry the warranties specified by the applicable third party vendor, which warranties Company shall extend to Customer to the full extent permissible under such warranties or as provided under statutory law.
Services Warranties. Company warrants that all Services performed hereunder shall be performed in a timely, professional and workmanlike manner, in conformance with industry practices, and Company warrants the workmanship of such Services for a period of ninety (90) days from the date on which the applicable Services are provided.
Eligibility. Any warranties shall be invalid and the company shall have no responsibility or liability whatsoever for any Hardware or Software, or part thereof, that (a) has had the Serial Number, Model Number, or other identification markings altered, removed or rendered illegible; (b) has been damaged by or subject to improper installation or operation, misuse, accident or neglect; (c) has become defective or inoperative due to its integration or assembly with any equipment or products not supplied by Company; (d) has been repaired, modified or otherwise altered by anyone other than Company and/or has been subject to the opening of the Hardware without Companys prior written consent; (e) has had any item removed from the Hardware including any storage device including USB drives. If any warranty claim by Customer falls within any of the foregoing exceptions, Customer shall pay Company its then current rates and charges for such services.
Termination. Cancellation or termination of this Agreement by either Company or Customer shall void this warranty.
Remedies and repair. Companys liability and responsibility under this warranty is limited to the obligation, at Companys option, to either repair or replace the relevant Deliverables. In the event that after repeated efforts Company is unable to repair or replace a defective Deliverable, then Customers exclusive remedy and Companys entire liability in contract, tort, or otherwise shall be the payment by Company of Customer's actual damages after mitigation, but shall not exceed the purchase price or fee actually paid by Customer for the relevant defective Deliverable.
The Company shall have no obligation to repair, replace, or refund the relevant Deliverable until the Customer returns the defective Deliverable to the Company. Before returning any Deliverable to the Company, the Customer must contact the Company for a return authorization and other appropriate instructions.
The Company warrants a repaired Deliverable only for the unexpired term of the original warranty for the defective Deliverable. The Company warrants parts exchanged in connection with a repair, only for the unexpired term of the original warranty for the defective Deliverable.
Warranty Procedure. The Customer shall notify the Company immediately in writing of any obvious or potential defects in the Deliverables, following the acceptance thereof, as soon as such defects have been discovered in the ordinary course of business within the aforementioned warranty terms. Company shall only remedy defective Deliverables under these Warranty provisions provided the defects are notified to Company within the relevant Warranty period.
Disclaimer. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES (WHETHER FOR LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, MISSED SAVINGS, DEPLETION OF GOODWILL, RECALL, DISMANTLING OR OTHERWISE); EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations. To the fullest extent permitted by law, Companys total and aggregate liability in respect to direct damages, whether in contract or tort (including negligence or breach of statutory duty), for each respective breach or series of related breaches or any and all losses, shall not exceed in the aggregate (i) the actual amount paid for the specific Deliverables giving rise to the claim; or (ii) EUR 10,000, whichever amount is lower. The existence of one or more claims under this Agreement shall not enlarge the limit.
The limitations and exclusions referred to in this clause will not apply in the event the liability results from the Companys deliberate intent (or that of its subordinates or assistants).
The limitations and exclusions of liability, as well as indemnity stipulated for Company itself in the above paragraphs are also stipulated for and on behalf of its directors, employees, agents and other intermediaries and/or any other person employed by it or delivering services to it within the framework of the Agreement.
### 6. MISCELLANEOUS
Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Governing Law. All disputes will be governed by the laws of Belgium. The venue for litigation will be the appropriate courts of Ghent, Belgium. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute.
Changes. TF Tech NV reserves the right to vary these T&Cs at any time. TF Tech NV will inform customers by email if the T&Cs change using the contact email provided at the time of purchase, or using any email subsequently provided by the customer as their main email. The customer agrees that they will always ensure such emails are up to date and monitored. Any variations to the T&Cs will be deemed to have been accepted unless TF Tech NV is informed to the contrary.
## APPENDIX
{{#include ./sub/the_single_source_truth.md}}

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# Terms & Conditions
<h2>Table of Contents</h2>
- [Terms & Conditions ThreeFold Related Websites](./terms_conditions_websites.md)
- [Terms & Conditions TFGrid Users TFGrid 3](./terms_conditions_griduser.md)
- [TFTA to TFT](./tfta_to_tft.md)
- [Terms & Conditions TFGrid Farmers TFGrid 3](./terms_conditions_farmer3.md)
- [Terms & Conditions Sales](./terms_conditions_sales.md)

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**TERMS OF USE**
{{#include ./terms_conditions_websites/part_0_agreement_terms.md}}
{{#include ./terms_conditions_websites/part_1_ip_rights.md}}
{{#include ./terms_conditions_websites/part_2_user_representations.md}}
{{#include ./terms_conditions_websites/part_3_user_registration.md}}
{{#include ./terms_conditions_websites/part_4_prohibited_activities.md}}
{{#include ./terms_conditions_websites/part_5_user_generated_contributions.md}}
{{#include ./terms_conditions_websites/part_6_contribution_license.md}}
{{#include ./terms_conditions_websites/part_7_social_media.md}}
{{#include ./terms_conditions_websites/part_8_submission.md}}
{{#include ./terms_conditions_websites/part_9_thirdparty_websites_content.md}}
{{#include ./terms_conditions_websites/part_10_site_management.md}}
{{#include ./terms_conditions_websites/part_11_privacy_policy.md}}
{{#include ./terms_conditions_websites/part_12_dispute_resolution.md}}
{{#include ./terms_conditions_websites/part_13_disclaimer.md}}
{{#include ./terms_conditions_websites/part_14_limitations_liability.md}}
{{#include ./terms_conditions_websites/part_15_indemnification.md}}
{{#include ./terms_conditions_websites/part_16_user_data.md}}
{{#include ./terms_conditions_websites/part_17_electronic_comms_transactions_signatures.md}}
{{#include ./terms_conditions_websites/part_18_miscellaneous.md}}
{{#include ./terms_conditions_websites/part_19_contact_us.md}}
## APPENDIX
{{#include threefold_companies0.md}}
{{#include ./sub/the_single_source_truth.md}}

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**AGREEMENT TO TERMS**
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and ThreeFold, doing business as ThreeFold ("**ThreeFold**", “**we**”, “**us**”, or “**our**”), concerning your access to and use of the threefold related websites:
{{#include ../sub/websites.md}}
as well as any other media form, media channel, forum, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

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**SITE MANAGEMENT**
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

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**PRIVACY POLICY**
We care about data privacy and security. Please review our Privacy Policy: privacypolicy .
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Childrens Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
**TERM AND TERMINATION**
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
**MODIFICATIONS AND INTERRUPTIONS**
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
**GOVERNING LAW**
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles.

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**DISPUTE RESOLUTION**
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a “Party”) shall be commenced or prosecuted in courts located in Belgium, Ghent, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
**CORRECTIONS**
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

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**DISCLAIMER**
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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**LIMITATIONS OF LIABILITY**
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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**INDEMNIFICATION**
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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**USER DATA**
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

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**ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES**
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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**MISCELLANEOUS**
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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**CONTACT US**
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
**ThreeFold FCZ**
BA1120 DMCC BUSINESS CENTRE, LEVEL NO 1, JEWELLERY & GEMPLEX 3, DUBAI, UNITED EMIRATES ARAB
info@threefold.io

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**INTELLECTUAL PROPERTY RIGHTS**
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and EU competition laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

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**USER REPRESENTATIONS**
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

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**USER REGISTRATION**
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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**PROHIBITED ACTIVITIES**
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
3. Engage in unauthorized framing of or linking to the Site.
4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
7. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any partys uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
11. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
12. Use the Site in a manner inconsistent with any applicable laws or regulations.

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**USER GENERATED CONTRIBUTIONS**
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
98 Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

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**CONTRIBUTION LICENSE**
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

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**SOCIAL MEDIA**
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-
PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

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**SUBMISSIONS**
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

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**THIRD-PARTY WEBSITES AND CONTENT**
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

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## Convert TFTA to TFT
TFTA is a voluntary staking pool for people to show that they have no intent to sell in near time.
If you would like migrate TFTA to TFT, it's super easy, just send your TFTA to the following address:
> GBUT4GP5GJ6B3XW5PXENHQA7TXJI5GOPW3NF4W3ZIW6OOO4ISY6WNLN2
and it will return as TFT. We suggest that you try with 1 TFT first!

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<h1> ThreeFold Related Companies </h1>
The following companies are related parties to ThreeFold. Our terms and conditions apply.
| THREEFOLD RELATED COMPANIES | Description |
| --------------------------------------------------------------- | ---------------------------------------------------------------------------------- |
| [ThreeFold Dubai or ThreeFold Cloud](../../about/threefold_dubai.md) | Promotion of TFGrid + Delivery of ThreeFold Cloud |
| [Threefold_Tech](../../about/threefold_tech.md) | Belgium-based tech company owns IP (Intellectual Property) of tech, is open source |
| [ThreeFold_VZW](../../about/threefold_vzw.md) | Non for profit organization in BE, intented to be used for grants work. |
| [ThreeFold_AG](../../about/threefold_ag.md) | ThreeFold in Zug, Switzerland |
| TF Hub Limited | ThreeFold in BVI |
| Codescalers | Egypt-based software development team, creates a lot of code for ThreeFold |
| FARMING COOPERATIVES | |
| ------------------------------------ | ------------------------------------------------ |
| [Mazraa](../../about/mazraa.md) | A farmer in Middle East who is part of ThreeFold_Dubai |
| [BetterToken](../../about/bettertoken.md) | BetterToken is the very first ThreeFold Farming Cooperative in Europe |
| SOME LARGER FARMERS | |
| ------------------- | ---------------------------------------------------------------- |
| Green Edge | Early ThreeFold Farmer providing decentralized compute & storage |
| Bancadati | Large ThreeFold Farmer in Switzerland |
| Moresi | A neutral, technologically advanced data center in Switzerland |
| there are many more | ... |
> Please note, ThreeFold Grid 3.x operates as a [DAO](../../about/dao/dao.md) every party who wants to participate with the ThreeFold Grid uses the [TFChain](../../about/tfchain.md) and our Forums.
> [Click here for more info about our DAO](../../about/dao/tfdao.md)

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# Legal
## TFGRID USER and/or FARMER TERMS AND CONDITIONS TFGRID 3.X
THESE TERMS AND CONDITIONS (THE "**AGREEMENTS**") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“TFGRID **USER**,"“TFGRID **FARMER**," “**YOU**", OR “**YOURS**”) AND TRC (“**THREEFOLD**”, “**COMPANY**,” “**US**,” “**WE**” OR “**OUR**”), GOVERNING THE TERMS OF YOUR PARTICIPATION AS A PARTNER, CUSTOMER, FARMER OR USER IN THE THREEFOLD GRID. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, EITHER BY CLICKING TO SIGNIFY ACCEPTANCE, OR BY TAKING ANY ONE OR MORE OF THE FOLLOWING ACTIONS DOWNLOADING, INSTALLING, RUNNING,/AND OR USING THE APPLICABLE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT EFFECTIVE AS OF THE DATE THAT YOU TAKE THE EARLIEST OF ONE OF THE FOREGOING ACTIONS. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO AND COMPLY WITH THE TERMS OF THIS AGREEMENT.
> BY USING THE TFGRID OR ANY OF THE THREEFOLD PROVIDED SOFTWARE OR SERVICES YOU ACCEPT THE FOLLOWING AGREEMENTS:
- [X] [Disclaimer](./disclaimer.md)
- [X] [Definitions](./definitions_legal.md)
- [X] [Privacy Policy](./privacypolicy.md)
- [X] [Terms & Conditions ThreeFold Related Websites](./terms_conditions/terms_conditions_websites.md)
- [X] [Terms & Conditions TFGrid Users TFGrid 3](./terms_conditions/terms_conditions_griduser.md)
- [X] [Terms & Conditions TFGrid Farmers TFGrid 3](./terms_conditions/terms_conditions_farmer3.md)
- [X] [Terms & Conditions TFGrid Sales](./terms_conditions/terms_conditions_sales.md)

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Q1-07-038/B SAIF Zone, Sharjah
United Arab Emirates