Framework Terms of Service

This document outlines the binding terms and conditions ("Terms") governing the use of the Framework platform ("Platform") provided by Solarius B.V. ("Solarius," "we," "us," or "our"). By accessing or using the Platform, you enter into a legally binding agreement with Solarius, subject to the following Terms. If you do not agree with these Terms, we kindly request that you refrain from accessing or using the Platform.

The Platform serves as a lawful space for use, collaboration, and expression. Users are expected to utilize the Platform in accordance with the law and to respect the legal rights and dignity of others. Solarius reserves the right to remove any content or suspend or terminate your account at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Due to the nature of the Platform, we require that all users be at least 13 years of age. If you are under 13 years of age, you may not access or use the Platform. If you are between 13 and 18 years of age, you may only access or use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Compliance with international law

Users must adhere to all applicable legal statutes and regulations while using the Platform, encompassing online conduct, content sharing, and data protection.

The Platform is hosted in the Netherlands and is subject to Dutch law. If you access the Platform from outside the Netherlands, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. Solarius reserves the right to limit the availability of the Platform or any portion of the Platform to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Prohibited activities

Usage of the Platform for any illegal or unauthorized purposes is strictly prohibited. This includes, but is not limited to, the following activities:

• Disruptive or malicious behavior: You may not use the Platform to harass, threaten, impersonate, or intimidate others. You may not upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Harmful content: You may not upload, post, or transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Fraudulent activity: You may not use the Platform for any fraudulent or unlawful purpose, including, but not limited to, impersonating any person or entity, claiming a false affiliation, accessing any other Platform account without permission, or falsifying your age or date of birth.
• Unauthorized access: You may not attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means.

Depending on the severity of the violation, Solarius reserves the right to suspend or terminate your account and/or pursue legal action against you. We also reserve the right to disclose any information we have about you in connection with any investigation or complaint regarding your use of the Platform.

Payment and billing

Solarius offers a variety of paid services ("Services") that can be purchased through the Platform. By purchasing a Service, you agree to pay the specified price for that Service. You also agree to the billing frequency specified for that Service, which may be monthly or annually. If you purchase a Service, you authorize Solarius to charge your payment method for the price of that Service, as well as any additional fees or taxes incurred by your use of that Service.

All payments are processed by Stripe, Inc. ("Stripe"). By purchasing a Service, you agree to be bound by Stripe's Terms of Service and Privacy Policy.

User-generated content

The Platform allows users to create and share content ("User Content") that can be monetized through the Platform. By creating and sharing User Content, you agree to the following:

• License: You are in full ownership of the User Content and have the right to grant Solarius a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and Solarius's business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. Solarius will not sell or otherwise distribute your User Content to third parties without your consent.
• Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to Solarius all patent, trademark, trade secret, copyright, or other proprietary rights in and to such User Content for publication on the Platform pursuant to these Terms.
• Removal: You may remove your User Content from the Platform at any time. If you choose to remove your User Content, the above license will automatically expire, however you acknowledge that Solarius may retain archived copies of your User Content.

Purchasing User Content does not grant you ownership of that content. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any User Content without the prior written consent of the content's owner, unless laws prohibit those restrictions or you have our written permission.

Refunds

Solarius typically does not offer refunds for Services. However, in certain circumstances, we may issue a refund at our sole discretion either as a courtesy or if required by law. If you believe you are entitled to a refund, please contact us.

Taxes

You are responsible for paying any applicable taxes, including any sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties, or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions under these Terms. You agree to indemnify and hold Solarius harmless from and against any claim arising out of your failure to do so.

Chargebacks

If you dispute a charge with your bank or credit card company ("Chargeback"), Solarius will automatically suspend your account and all associated Services until the Chargeback is resolved. If you have any questions or concerns regarding a Chargeback, please contact us.

User accounts

You may be required to create an account to access certain features of the Platform. You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify Solarius immediately upon becoming aware of any breach of security or unauthorized use of your account.

Solarius maintains advanced security measures to protect your account and personal information, however we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

User conduct

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "Content") that you submit, post, or display on or via the Platform.

You may not use the Platform to:

• violate any applicable law or regulation;
• violate the privacy or rights of others;
• harass, abuse, or harm another person;
• send spam or other unsolicited messages;
• impersonate or misrepresent your affiliation with another person or entity;
• engage in any activity that interferes with or disrupts the Platform;
• attempt to access any other user's account;
• attempt to circumvent any content-filtering techniques we employ;
• attempt to access areas or features of the Platform that you are not authorized to access;
• attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach any security or authentication measures;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform;
• advocate, encourage, or assist any third party in doing any of the foregoing.

If you would like to conduct a security review of the Platform or "penetration test" the Platform, please contact us beforehand to request permission. We reserve the right to take legal action against any unauthorized security reviews or penetration tests of the Platform.

Violations

Solarius reserves the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Solarius has no obligation to monitor your access to or use of the Platform, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Solarius employs various automated systems to detect and prevent abusive activity and content on the Platform. These systems may analyze your Content and behavior for violations of these Terms. We may also suspend or disable your account if we suspect you are violating these Terms.

Punishments for violations of these Terms may include, but are not limited to, the following:

• Warning: You may receive a warning for minor violations of these Terms. Warnings are issued at our sole discretion and may be issued without prior notice.
• Suspension: You may have your account suspended for serious or repeated violations of these Terms. Suspensions are issued at our sole discretion and may be issued without prior notice.
• Termination: You may have your account terminated for serious or repeated violations of these Terms. Terminations are issued at our sole discretion and may be issued without prior notice.
• Legal action: We may pursue legal action against you for serious or repeated violations of these Terms. Legal action may be pursued without prior notice.
• IP (Internet Protocol) ban: We may ban your IP address from accessing the Platform for serious or repeated violations of these Terms. IP bans are issued at our sole discretion and may be issued without prior notice.
• Hardware ban: We may blacklist your unique hardware identifiers from accessing the Platform for serious or repeated violations of these Terms. Hardware bans are issued at our sole discretion and may be issued without prior notice.

Intellectual property

Solarius respects international intellectual property laws and is dedicated to protecting the rights of creators and innovators. We have a form to submit Digital Millennium Copyright Act (DMCA) takedown requests which can be found here.

Please utilize the following guidelines when using the Platform:

• Respect the rights of others: You may not upload, post, or transmit any content that infringes upon the intellectual property or other proprietary rights of others. You may not upload, post, or transmit any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Respect the rights of Solarius: Please do not copy, modify, distribute, sell, or lease any part of the Platform or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Third-party content

The Platform may contain links to third-party websites or services that are not owned or controlled by Solarius. Solarius has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Solarius shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Some third-party content may be disseminated by users of the Platform. Solarius does not endorse any user content and makes no representations or warranties of any kind concerning any content posted by users. You acknowledge and agree that Solarius is not responsible for the accuracy, completeness, or reliability of any user content, nor do we endorse any opinions expressed by users. You understand that by using the Platform, you may be exposed to user content that is offensive, indecent, or objectionable. Under no circumstances will Solarius be liable in any way for any user content, including, but not limited to, any errors or omissions in any user content, or any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted, or otherwise made available via the Platform.

Maintenance and downtime

Solarius may perform maintenance on the Platform at any time, with or without prior notice. This may result in temporary downtime, which we will do our best to communicate. We are not liable for any damages or losses resulting from such downtime.

We may also change, suspend, or discontinue any aspect of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability.

E.U. sanctions and trade restrictions

The Platform is subject to international trade control and economic sanctions requirements. By accessing or using the Platform, you agree to comply with all applicable trade control and economic sanctions laws and regulations, including the European Union's Common Foreign and Security Policy (CFSP) and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You may not access or use the Platform if you are located in a jurisdiction where such access or use would be prohibited by law.

Changes to the Platform

We are constantly updating and improving the Platform to provide the best possible experience for our users. We may introduce new features, change existing features, or remove features from the Platform at any time and without prior notice. If you have any questions or concerns regarding these changes, please contact us.

We always appreciate feedback from our users. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Solarius does not waive any rights to use similar or related feedback previously known to us, developed by our employees, or obtained from sources other than you.

Reporting violations

Framework includes functionality to report violations of these Terms. If you encounter any content or behavior that you believe violates these Terms, please report it to us by contacting us.

We will review all reports and take appropriate action, which may include removing content, suspending or terminating accounts, and/or pursuing legal action.

Open-source software

The Platform includes open-source software ("OSS") licensed under various open-source licenses. OSS is distributed under the terms of their respective licenses, which can be found in the source code of the Platform. By using the Platform, you agree to comply with all applicable OSS licenses.

The Platform is also itself an open-source project. The source code of the Platform is available on GitHub. The Platform is distributed under the terms of the GNU Affero General Public License v3.0. In short, this license requires that you make any modifications to the Platform available under the same license. You may not use the Platform for any commercial purposes, and derivative works of the Platform must also be made available under the same license.

Solarius reserves the right to change the license of the Platform at any time and for any reason. If you have any questions or concerns regarding the license of the Platform, please contact us.

Rights and ownership

The Platform is owned and operated by Solarius. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform ("Materials") provided by Solarius are protected by intellectual property and other laws. All Materials included in the Platform are the property of Solarius or our third-party licensors. Except as expressly authorized by Solarius, you may not make use of the Materials. Solarius reserves all rights to the Materials not granted expressly in these Terms.

While the Platform is open source, Solarius ultimately retains ownership of the Platform and all associated intellectual property. Solarius will use reasonable efforts to protect its intellectual property rights throughout the world and to prevent the unauthorized use of its intellectual property in any manner. You agree not to use the Platform in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights.

Anti-circumvention

Solarius employs various security measures to protect the Platform and its users. You may not attempt to circumvent any of these security measures or otherwise interfere with the operation of the Platform. You may not attempt to access any other user's account or any other area of the Platform that you are not authorized to access.

Misrepresenting your identity or impersonating others is prohibited. You may not attempt to access the Platform using another user's account or by providing false information. You may not attempt to access the Platform using any automated means, such as bots or scrapers. Solarius will use any resources available to us to detect and prevent such activity and may pursue legal action for violations of this policy.

Security vulnerabilities

If you discover a security vulnerability in the Platform, please contact us immediately. We will investigate all legitimate reports and do our best to quickly fix the issue. We will not pursue legal action against you for reporting a security vulnerability, provided you do not violate these Terms.

• You shall not exploit any security vulnerability you discover for any reason, including to gain access to the Platform or to compromise the data of other users.
• You shall not publicly disclose any security vulnerability you discover without our prior written consent.
• You shall not perform any security reviews or penetration tests of the Platform without our prior written consent.
• You shall not jeopardize the integrity of the Platform or the data of other users in the course of your security research. Create alternative accounts for testing purposes and do not interact with other users' accounts without their consent.

Solarius may provide monetary rewards for the responsible disclosure of security vulnerabilities. The amount of the reward will be determined at our sole discretion and will be based on the severity of the vulnerability. Solarius reserves the right to change or cancel this program at any time and for any reason.

Disclaimer of warranties

The Platform is provided on an "as is" and "as available" basis. Solarius makes no representations or warranties of any kind, express or implied, as to the Platform or included software, nor to the accuracy, completeness, or reliability of any information or content obtained through the Platform. You expressly agree that your use of the Platform is at your sole risk.

Limitation of liability

In no event shall Solarius, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Solarius and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Platform, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted on the Platform.

Solarius reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Solarius in asserting any available defenses.

Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Platform. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

Governing law

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Platform and supersede and replace any prior agreements we might have had between us regarding the Platform.

Thank you for reading our Terms of Service. If you have any questions or concerns, please contact us. For legal concerns, please contact our legal team at legal@solarius.me

Last updated: Jan 5, 2024 (2.0)

Solarius suggests that you review these Terms of Service periodically for any changes. Changes to these Terms of Service are effective when they are posted on this page. Continued use of the Platform after any such changes shall constitute your consent to such changes.