1. Background
(1.1 What – 1.2 How – 1.3 Who)
1.1. What: SIMPLEOS is a non custodial EOS blockchain software for people. Its tools help users interact with the EOS blockchain as a whole, including its tokens, smart contract, voting rights and others (together, “digital assets”), and organize information about them.
Software should help protect human rights, like privacy. SIMPLEOS is designed to respect your privacy. As such, we do not collect any personal information. The software is downloaded by the user and runs solely on his/her equipment, with no connection to ours. Therefore, we have no access to your private keys. That means we are unable to help recover them if lost, so record your private key on a second device. At the very least, write it down.
1.2. How: You can use SIMPLEOS software at no charge, as long as you abide by these terms. You are free to terminate the agreement by stop to using e SIMPLEOS; we are free to stop providing updates or support for it, although you are free to keep the software you have already downloaded.
1.3. Who: We are EOS Rio (EOS Rio Infraestrutura de Redes LTDA.), a Brazilian corporation (eosrio.io), which makes and maintains the SIMPLEOS software.
You are at least the age of majority where you reside, and control or own the device running SIMPLEOS. No government has embargoed, designated as “terrorist supporting”, convicted you of any kind of financial felony (including, amongst others, money laundering or corruption), or restricted your capacities to manage assets. You cannot assign the agreement to anyone.
This agreement is between you and us: it binds no one else. The download intermediary where you obtained SIMPLEOS does not have any responsibility for SIMPLEOS — nor its content, its maintenance or support, nor product liability or consumer law or regulatory compliance, nor intellectual property infringement.
2. Privacy
(2.1 Approach – 2.2 Collection)
2.1. Pro-privacy approach: The best way to respect your privacy is to simply avoid collecting any personal information. As such SIMPLEOS runs on your computer, servers and such, with no contact whatsoever with our systems. Any information you input on SIMPLEOS, including your private key, is stored on your device only. We cannot access them. You can always take them elsewhere. You are never locked into SIMPLEOS.
2.2. Feedback: SIMPLEOS does not collect any information. However, outside your usage of SIMPLEOS, we incentivize users to voluntarily report any difficulties or bugs they may encounter so we can update SIMPLEOS.
As such, you may, yourself, choose to give us feedback. We will assume you have allowed us to use and keep your feedback, incorporate it, and hold a non-exclusive perpetual licence in it without royalty or obligation.
3. Obligations
(3.1 Take responsibility – 3.2 Act prudently – 3.3 Play nicely – 3.4 Respect other’s work)
3.1. Take Responsibility: We can provide SIMPLEOS because you take responsibility for what you do with it. So the following are fundamental to our agreement:
(i) We cannot recover your private key (nor any other information you input on SIMPLEOS NAME for that matter). We have no access to it. If you do not record it on a second device, or keep a physical copy in a safe place, you may lose access to your digital assets forever. Do not do that.
(ii) We have no responsibility for the quality of SIMPLEOS and, although we did our best when developing it, we are not assuming any kind of obligation to update it nor we guarantee that it does not have flaws. As such, EOS Rio is not liable for any loss or damage that result from providing you with SIMPLEOS software, including any kind of security vulnerability, bug, or any other. When you download SIMPLEOS NAME you are attesting that you have read and understood its code and are the sole party responsible for its usage.
(iii) You shall indemnify EOS Rio against any claims, damages, losses, and legal fees incurred due to your use of SIMPLEOSNAME. If someone sues us about what you do, you pay.
3.2. Act Prudently: EOS Rio does not create, and has no control over, digital assets you interact with through SIMPLEOS — so it is up to you to interact with them prudently by doing these three things.
(i) Learn the basics about EOS and the digital assets you are considering interacting with. Search for them online. Vet them carefully. Find someone who knows more; ask them.
(ii) Your private keys and any other information you input live only on your device and in no circumstance will ever come in contact with any of our servers. Losing them is no harder than having your device malfunction, experiencing a bad software update, or other events of modern digital life — and networks, devices, and software environments are rife with viruses and malware. Back up to a safe, private place, or record on another device. Secure them. Learn about improving your online safety.
(iii) Even if you delete SIMPLEOS software from a device, data may remain behind on your servers — like on a shared device or public computer. Take care where you install SIMPLEOS, and extra care to eradicate every trace when you delete it.
(iv) Although we did our best when developing SIMPLEOS, we cannot guarantee it has no flaws, nor that it be forever compatible with the EOS blockchain. Moreover, as SIMPLEOS runs solely on your device without any contact or external call to our servers, it will not update by itself. As such, understand that there may be vulnerabilities in the SIMPLEOS software and use EOS Rio official channels to stay updated, you should also carefully review its code before installing it. As mentioned before, we are not liable for any damage or loss you incur in your usage of SIMPLEOS.
3.3. Play Nicely: SIMPLEOS was developed with a strong commitment to user autonomy. But there are some things either SIMPLEOS is not designed to support, or EOS Rio is not allowed to. You agree not to:
(i) use SIMPLEOS in a way likely to interfere with other users or servers, such as excessive API calls, network spam, or rewards faucets; or
(ii) use SIMPLEOS in a manner contrary to the laws of Brazil or of where you live.
Do ensure your transactions with a digital asset conform to its rules, especially with smart contract systems.
3.4. Respect Others’ Work: SIMPLEOS is made up of intellectual property held by EOS Rio, like copyright in SIMPLEOS code and in our text, images, and sounds; and trademarks in the distinctive words, symbols, and designs that identify EOS Rio and SIMPLEOS. We license SIMPLEOS to you, royalty free, on a non-exclusive, worldwide, but personal and non-transferable basis. We do not license the right to re- distribute SIMPLEOS, modify its code, or use its content or EOS Rio trademarks in other software or projects. Those require EOS Rio written permission first.
Third parties provide information, software libraries, and services that SIMPLEOS uses or is partly built on. We assert no copyright in the third-party software libraries. Please refer to and respect relevant third-party licenses.
4. Constraints
(4.1 No guarantees – 4.2 Moving parts – 4.3 Blockchain interaction)
4.1. No Guarantees: SIMPLEOS software, as well as any related service or support, are provided at no cost, as is and, to the greatest extent laws allow, without any warranty at all. We do not warrant SIMPLEOS is of merchantable quality or fit for your purpose, even if you have notified us of the purpose. Nor can we warrant that SIMPLEOS is bug-free: bugs are inevitable.
4.2. Moving Parts: Using software to interact with digital assets is risky. It depends on a complex chain of moving parts working together, and workin properly.
For instance, your connectivity, hardware or operating system may fail or prove incompatible with each other, or with the version of SIMPLEOS you have downloaded. Your backup software may upload your private files or information to third-party services. Malware, viruses, or other malicious software on your device may interfere with your SIMPLEOS install. Communication delays may creep in between your device using SIMPLEOS and a node or relay service of the EOS blockchain.
We have described basic steps we expect you to take to act prudently, and set out the extent of our liability and your indemnity to us. For the same reasons, we cannot be liable to you for, and disclaim the risks involved in, moving parts like those listed here. It’s provided on a best-efforts basis. We are not charging for the development and use of SIMPLEOS and you get what you pay for.
4.3. Blockchain Interaction: SIMPLEOS provides functions for sending digital assets’ transfer instructions. SIMPLEOS does not control the EOS blockchain to which the instructions are sent: the only authentic transaction record is the blockchain.
We cannot guarantee transfer instructions will be acted on and your transactions stored on the EOS blockchain — nor that, once stored, they remain there. We cannot be responsible for these.
SIMPLEO’s market information reflects a point in time for underlying data fluctuating constantly. Sending transfer instructions involves a longer period: the data values reflected in your transactions will differ accordingly. We are not responsible for that difference.
5. Interpretation
(5.1 Enforcing selectively – 5.2 Dispute resolution – 5.3 Nailing down our agreement)
5.1. Enforcing Selectively: Failing to assert a right under this agreement does not waive the right to assert another right, or the same right, next time.
5.2. Dispute Resolution: Other than conflicts of law principles, this agreement is governed by the laws applicable in Rio de Janeiro, Brazil, to whose courts we both agree to submit disputes we have not been able to resolve between us. The Convention for the International Sale of Goods does not apply.
5.3. Nailing Down our Agreement: This is the whole agreement between you and EOS Rio. You are the sole responsible for verifying you are using the most recent version and we will not notify you any updates to SIMPLEOS, but we will make information on the changes between versions available on the website where you can download SIMPLEOS. You are free to use an outdated version of SIMPLEOS you have downloaded at your own risk.
This agreement supersedes any other agreement or representation, however communicated, and can be amended only if both parties agree, in writing, with copy to contact@eosrio.io . If we provide this agreement in more than one language and they do not precisely agree, the English language version takes precedent.
