Gno Studio™ Terms of Service

Effective Date: January 24, 2023 Version Date: May 1, 2024

Gno.land (“we”, “us”, or “our”), hosted by NewTendermint, LLC (“NewTendermint”), provides Gno Studio™, which is a shared digital space for software and code interaction, along with capabilities surrounding them, and a user and developer tool designed for builders (non-developers and developers). It enables them to innovate, build, and interact within the Gno.land ecosystem by providing a variety range of features and components. Gno Studio is a vital tool within the Gno.land ecosystem. Its key features and components include, but are not limited to, the creation of realms (smart contracts), packages, coding, code interaction, seamless code sharing via unique URLs, deployment/publication of realms and packages onto the Gno.land and Gno.land-compatible blockchains, package and realm interaction, a social platform, a marketplace, a playground, an integrated development environment (IDE), language tools for Gnolang, testing, debugging, and state inspection.

BY USING GNO STUDIO, USERS ARE AGREEING TO THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN EACH USER AND NEWTENDERMINT. ADDITIONALLY, BY USING GNO STUDIO, USERS ARE AGREEING TO THE GNO STUDIO PRIVACY POLICY AVAILABLE HERE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD NOT USE GNO STUDIO.

Modifications

NewTendermint has the right to modify these Terms of Service at any time without prior notice, and such modifications shall be effective immediately upon posting. Your continued use of Gno Studio constitutes your continued acceptance of such modifications. Accordingly, NewTendermint advises that you check this page periodically. The date of the most recent revision is included at the top of these Terms of Service (hereinafter referred to as “Terms”).

License to Use Gno Studio:

  1. License Grant. NewTendermint grants you a revocable, non-exclusive, and non-transferable license to use Gno Studio only for the limited purposes described on the Gno Studio site. You may not transfer, redistribute or sublicense Gno Studio. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Gno Studio, any updates, or any part thereof. You shall not violate any applicable laws, rules, or regulations in connection with Gno Studio; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by NewTendermint; use Gno Studio for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make Gno Studio available over a network or other environment permitting access or use by multiple devices or users at the same time; use Gno Studio for creating a product, service, or software that is directly or indirectly, competitive with or in any way a substitute for the application; use Gno Studio to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacturing, licensing, or distribution of any applications, accessories, or devices for use with Gno Studio.

  2. Restrictions. You may not, and may not authorize or assist any other party to (i) duplicate Gno Studio for any purpose, (ii) use it other than for the purposes described in these Terms, (iii) reverse engineer, disassemble, decompile or translate Gno Studio, (iv) change, modify or otherwise alter Gno Studio, (v) transfer, pledge, rent, share or sublicense Gno Studio, or (vi) use or abuse Gno Studio to (A) store or transmit content that is unlawful, threatening, abusive, harassing, defamatory, obscene or indecent, libelous, hurtful or otherwise objectionable, (B) impersonate another individual or misrepresent your identity or your affiliations, or (C) knowingly or recklessly transmit false information. Any commercial or promotional distribution, publishing or exploitation of Gno Studio, or any content, code, data or materials on Gno Studio, is strictly prohibited. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site or other Gno Studio apps or platforms.

  3. Termination. These Terms are effective until terminated by you or NewTendermint. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.

  4. Your Responsibilities. Effective use of Gno Studio requires that you (i) enter all of the information Gno Studio requests and (ii) ensure that your device is properly configured. You are solely responsible for fulfilling these responsibilities.

  5. Consent to Use Data. You agree that NewTendermint may collect and use technical data and related information—including but not limited to technical information about your device, system and software, and peripherals (“User Data”)—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to Gno Studio.

Proprietary Materials

Gno Studio contains forms, content, information, trademarks and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”).

You should assume that everything on Gno Studio is Proprietary Materials, and, except as otherwise explicitly provided on certain Proprietary Materials that you may access through Gno Studio, you shall not copy, download, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, sub-license, or otherwise use or exploit Proprietary Materials in any way without our prior written consent. Commercial use of Proprietary Materials is strictly prohibited. Nothing in these terms confers any license to any intellectual property rights, except as explicitly stated. All rights not expressly granted herein are reserved to us and our licensors.

NewTendermint respects the intellectual property rights of others and take claims of copyright infringement seriously. NewTendermint will respond to claims of alleged copyright infringement that are properly brought to its attention and comply with applicable law, as set forth under the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe any materials on Gno Studio infringe upon your copyright, please notify NewTendermint via its designated registered DMCA agent. In order for your complaint to be effective under the DMCA, you must provide the following information in writing:

The above information must be submitted via email or mail to the following registered DMCA agent:

DMCA Designated (Registered) Agent

Account Information

Primary Contact: Principal Paralegal – Carolyn Pehrson, ACP #153281

NewTendermint Disclaimers

  1. No Warranties. NEWTENDERMINT PROVIDES GNO STUDIO ON AN “AS IS, WHERE IS” BASIS WITHOUT WARRANTY OF ANY KIND. NEWTENDERMINT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY OF NONINFRINGEMENT, ANY WARRANTY THAT GNO STUDIO WILL OPERATE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEWTENDERMINT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD GNO STUDIO OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL LOST DATA, NECESSARY SERVICING, REPAIR, OR CORRECTION.

  2. No Obligations. NewTendermint accepts no obligation regarding your use of Gno Studio. In particular, NewTendermint disclaims any obligation to monitor the operation of Gno Studio or address any failures or faults that come to its attention, including maintenance and support services.

  3. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, UNDER NO CIRCUMSTANCES WILL NEWTENDERMINT OR OUR SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS HAVE ANY OBLIGATION OR LIABILITY HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR DEATH, INJURY TO PERSON OR PROPERTY, LOST BUSINESS, LOST PROFITS, LOST DATA OR DAMAGES TO BUSINESS REPUTATION), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE. IN THE EVENT THAT NEWTENDERMINT IS FOUND LIABLE, FOR ANY REASON, UNDER THESE TERMS, IN NO CASE SHALL NEWTENDERMINT’S LIABILITY FOR ACTUAL DAMAGES IN THE AGGREGATE EXCEED THE AMOUNTS YOU PAID FOR GNO STUDIO OR, IF YOU RECEIVED GNO STUDIO FOR FREE, IN NO CASE WILL NEWTENDERMINT’S LIABILITY EXCEED $10.00.

  4. Indemnity. You agree to indemnify and hold NewTendermint and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of Gno Studio; (ii) your breach or violation of any of the terms of these Terms; (iii) NewTendermint’s use of User Data relating to you; or (iv) your violation of the rights of any third party, including third-party providers.

  5. Ownership. NewTendermint, as between NewTendermint and you, owns all rights, titles, and interests in Gno Studio, including without limitation all error corrections, updates, upgrades and custom features and functions, and all patents, copyrights and other intellectual property rights, and any changes or improvements to Gno Studio that you might suggest to NewTendermint. You may not remove or modify any program markings or any notice of proprietary rights. You may not copy, reproduce, or duplicate Gno Studio in any form, whether in whole or in part, by any means, electronic or otherwise.

  6. Intellectual Property. If a court of competent jurisdiction makes a determination that Gno Studio likely infringes the intellectual property rights of a third party, NewTendermint, at its option and expense, shall: (i) modify the infringing portion of Gno Studio to make it non-infringing, (ii) replace the infringing product with a non-infringing product having substantially similar functionality, (iii) obtain the right to continue using the infringing portion of Gno Studio, or (iv) terminate these Terms (including the license granted hereunder) without any further liability to you.

Miscellaneous Provisions

  1. Binding Arbitration. These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

    a. We and you agree that all disputes arising from or relating to Gno Studio or any relationship or dispute between you and us or you and any company or person employed by us, these Terms and any policies or practices of any of the above-mentioned companies or persons (a “Dispute”) will only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act to the maximum extent permitted by applicable law. You further agree that we shall not have a legal obligation to mitigate any of our potential or actual losses sustained hereunder.

    b. WE AND YOU GIVE UP OUR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NEITHER WE NOR YOU SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. Neither we nor you agree to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.

    c. If we and you are unable to resolve a Dispute by informal means, the arbitration of that dispute shall be settled by arbitration administered by the American Arbitration Association (AAA) in San Francisco, California in accordance with the Commercial Arbitration Rules. Any proceeding to enforce this arbitration agreement must be brought in the District Court or in any state court of competent jurisdiction with venue lying in San Francisco, California to the exclusion of all other forums.

    d. Notwithstanding the foregoing, NewTendermint reserves the right to seek injunctive relief in a court of law to protect its rights and interests.

  2. Governing Law. All Disputes will be governed by and construed in accordance with the laws of the state of California without reference to the choice of law provisions of any jurisdiction. The interpretation of these Terms shall not be construed against the drafter.

  3. Assignment. You may not assign these Terms or your rights or obligations under these Terms without NewTendermint’s prior written permission. Any assignment in violation of this restriction is null and void. NewTendermint may assign these Terms in its sole discretion without giving any prior notice to you.

  4. Force Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such party, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.

  5. Sole Agreement; Amendment; Waiver. These Terms constitute the sole and complete agreement between the parties regarding Gno Studio. These Terms may not be explained or supplemented by a prior performance, trade usage, or course of dealing between the parties, or by any prior performance between the parties under these Terms or otherwise. No amendment to these Terms shall be effective unless it is in writing and signed by duly authorized representatives of both parties, except that NewTendermint may amend these Terms from time to time, and your continued use of Gno Studio after receiving notification of such amendments constitutes your agreement to be bound by such amendments. No waiver of any breach of any provision by either party or the failure of either party to insist on the exact performance of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of performance of the same or any other provisions, and no waiver shall be effective unless made in writing.

  6. Severability. If any of the provisions of these Terms shall be or become invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the remaining provisions of these Terms. Instead, this entire Agreement shall be construed as though not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.

  7. Survival. Subject to the limitations and other provisions of Terms, the following sections contained herein will survive the expiration termination of these Terms: License Grant, Restrictions, Consent to Use Data, Proprietary Materials, NewTendermint Disclaimers, Limitation of Liability, Indemnity, Ownership and Intellectual Property.