Terms and Conditions
Last revised on July 1, 2023
These Goverland Terms of Use describe the privacy practices of Goverland Inc. (“Goverland”,
“we”, “us”, and “our”). By accessing, downloading, using or clicking on “I Agree” to accept any “Goverland Service”
provided by Goverland, you agree that you have carefully read, understood, and accepted all of the terms and
conditions within these Terms of Use (“Terms”) as well as our Privacy Policy.
IF YOU DO NOT AGREE TO BE BOUND
BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
We reserve the right, at our sole discretion, to
change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will
indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the
Goverland website user interface, Geverland App, in an email notification or through other reasonable means. Any
such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes
addressing new functions of the Site will be effective immediately. Your continued use of the Site after the date
any such changes become effective constitutes your acceptance of the new Terms of Use.
These terms are
effective as of July 1, 2023.
Description of Services
Goverland serves as a data aggregation platform that specializes in the collection, enrichment, and provision of
governance data from a wide range of Decentralized Autonomous Organizations (DAO) platforms, DAO Operating Systems,
and frameworks, including but not limited to Snapshot, Governor Contracts, Moloch Contracts, Aragon, SuperDAO, and
other key platforms that participate in the governance process within various DAOs. We gather comprehensive
governance data from publicly accessible APIs, enhance this data with analytical insights, and make it available to
the end user through our proprietary mobile application, mobile SDKs, and our open-source API, which is accessible
to all parties.
Intellectual Property Rights
General
The Goverland mobile application, SDKs, and websites, and their entire contents, features, and
functionality (including software, text, images, videos, audio, design, and information) are owned by Goverland Inc.
Under these Terms, you are permitted to make use of the Goverland website and application for your personal,
non-commercial use only. You may download a single copy of our Goverland App mobile application solely for your own
personal, non-commercial use, provided you agree to be bound by our end user license agreement for such
applications.
Goverland’ name and logos are trademarks. Other company, product, and service names and logos
used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not
endorse or be affiliated with or connected to Goverland.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site or the mobile application("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.
Mobile Application License
Use License
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Goverland App
mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt
to derive the source code of, or decrypt the application;
(2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable
laws, rules, or regulations inconnection with your access or use of the application;
(4) remove, alter,
obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the
application;
(5) use the application for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended;
(6) use the application for creating a product, service,
or software that is, directly or indirectly, competitive with or in any way a substitute for the Goverland
App;
(7) use the application to send automated queries to any website or to send any unsolicited commercial
e-mail.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play
(each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are
responsible for providing any maintenance and support services with respect to the mobile application as specified
in the terms and conditions of this mobile application license contained in these Terms and Conditions or as
otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever
to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any
failure of the mobile application to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and
warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of
agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the mobile application;
(6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license contained in these
Terms and Conditions against you as a third-party beneficiary thereof.
Prohibited Activities
You may only use the Goverland App mobile application and Services for lawful purposes and in compliance with these
Terms. You may not use the Goverland App mobile application in the following ways:
(1) interfere with or disrupt the Services or servers or networks connected to the Services
in any manner that could negatively affect or inhibit other Users from fully enjoying the Services or that could
damage, disable, overburden or impair the functioning of the Services in any manner;
(2) violate any applicable
federal, state, local, or international law or regulation (including, without limitation, any laws regarding the
export of data or software to and from the United States or other countries);
(3) obtain or attempt to access or
otherwise obtain any materials or information through any means not intentionally made available or provided for
through the Services;
(4) use the Services to further or promote any criminal activity or enterprise or provide
instructional information about illegal activities, including for the purpose of concealing economic activity,
laundering money, or financing terrorism;
(5) exploit, harm, or attempt to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(6)
impersonate or attempt to impersonate Goverland, an Goverland employee, another user, or any other person or
entity;
(7) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Goverland
Services, or which, as determined by us, may harm Goverland or users of the Goverland, or expose them to
liability;
(8) use any device, software, or routine that interferes with the proper working of the Goverland
mobile application or Services.
Termination of Use
Goverland is free to terminate (or suspend access to) your use of the Services for any reason in our discretion,
including your breach of this Terms of Use. Goverland has the sole right to decide whether you are in violation of
any of the restrictions set forth in this Terms of Use. If we suspend your use of the Services, you may continue to
access your Wallet directly or through other services not hosted by us. Goverland will not have any liability to you
for any suspension or termination.
Fees
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We
will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such
Services, you must pay all applicable fees for such Services.
DISPUTES
Arbitration Agreement
If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising
out of or relating to this Agreement or the Services, including, without limitation, federal and state statutory
claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory,
shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to
applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather
than through arbitration so long as your matter remains in small claims court and proceeds only on an individual
(non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration
Association's rules for arbitration of consumer-related disputes (accessible at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without
limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement,
including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the
Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
Arbitration Procedures
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in
which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any
relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An
arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your
request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and
determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any
action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims
action shall be entitled to costs and attorneys’ fees.
Waiver of Class Action and Jury Trial
YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE YOU AND GOVERLAND ARE EACH WAIVING THE RIGHT TO A TRIAL
BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT YOUR LEGAL RIGHTS,
INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL
DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN SECTION 12.3 OR UNDER THE FEDERAL ARBITRATION ACT).
Disclaimers
None of Goverland's, its parent, any of its affiliates, subsidiaries, providers or their respective officers,
directors, employees, agents, independent contractors or licensors (collectively the “Goverland Parties”) guarantees
the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Goverland
Parties disclaim liability for errors or omissions in the Content. This Goverland website, Goverland SDK, Goverland
API, and Goverland App and all of the Content is provided "as is" and "as available," without any warranty, either
express or implied, including the implied warranties of merchantability, fitness for a particular purpose,
non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The
Goverland Parties do not warrant that the Goverland website is free of viruses or other harmful components. This
does not affect those warranties which are incapable of exclusion, restriction or modification under the laws
applicable to this Agreement. Goverland cannot guarantee and does not promise any specific results from use of the
Services to exchange, borrow, loan, stake or pool digital assets.
Availability
The Goverland website may be temporarily unavailable from time to time for maintenance or other reasons. Goverland
assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user
communications. Goverland is not responsible for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or on via the Services or combination thereof,
including injury or damage to users or to any other person's computer related to or resulting from participating or
downloading materials in connection with the Web and/or in connection with the Goverland SDK and Goverland API.
Under no circumstances will Goverland be responsible for any loss or damage, including any loss or damage to any
user Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from
anyone's use of the Service, any User Content or Third Party Content posted on or through the Services or
transmitted to users, or any interactions between users of the Services, whether online or offline.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL GOVERLAND OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR
ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF GOVERLAND IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
TO THE EXTENT PERMITTED BY APPLICABLE LAW GOVERLAND'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Goverland FOR THE
SERVICES. IN NO CASE WILL GOVERLAND'S LIABILITY TO YOU EXCEED THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU
TO GOVERLAND IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. YOU
ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GOVERLAND FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GOVERLAND, REGARDLESS OF
THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Services, you agree that the laws of the state of New York, without regard to any
principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction,
will govern this Agreement. If you use the Services, the terms of the Services will be governed by federal laws and
the laws of the state of New York to the extent not preempted, without regard to any principle of conflicts of laws
that would require or permit the application of the laws of any other jurisdiction.
Indemnity
You also agree to indemnify and hold Goverland, its subsidiaries, affiliates and service providers, and each of its
or their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any
claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority)
arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the
rights of any third party.
User Data
We will maintain certain data that you transmit to the Site and the Goverland mobile application for the purpose of
managing the performance of the Goverland website and the Goverland App mobile application, as well as data relating
to your use of the Goverland website and the Goverland App mobile application. 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 Services. 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.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site and the
mobile app 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.
Contact us
Goverland Inc.
175 Pearl St. Floor 1
Brooklyn, NY 11201
United States
contact@goverland.xyz