Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Open Cider website, APIs, and widgets (“Open Cider” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By using Open Cider, you agree to be bound by these Terms and our Privacy Policy.
1. Our Service
Open Cider provides an open, transparent, user-centric identity platform. This platform grants users the ability to authorize access to their data granularly and view how their data is accessed. To do this, there are certain requirements from users, developers, and Open Cider to ensure the Service works as it should.
2. Using Open Cider
a. Who can use Open Cider.
You may use Open Cider only if you can legally form a binding contract with Open Cider, and only in compliance with these Terms and all applicable laws. When you create your Open Cider account, you must provide us with accurate and complete information. You can’t use Open Cider if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Open Cider if you are over the age at which you can provide consent to data processing under the laws of your country. Using Open Cider may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
b. Our License.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service.
c. Commercial use of Open Cider
You may use our Service only if you can legally form a binding contract with Open Cider and only in compliance with these Terms and all applicable laws. When you create your Business account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization or other entity, (a) “you” includes you and that entity and (b) you promise that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity’s behalf. Part of our Service may include software that is downloaded to your computer, phone, tablet or other device. You agree that we can update that software automatically and that these Terms will apply to any updates.
3. Your Personal Information
We always try to require as little information from you as possible. That said, we interact with your information in the following ways:
a. How Open Cider and Third Party Apps use your data.
Open Cider stores, displays and facilitates access between our users and Third Party apps. These apps typically require access to user data under certain authorization priviledges as specified by the user. When you use the Services, you grant Open Cider a non-exclusive, royalty-free, transferable, worldwide license to use, store your data solely for the purposes of operating, developing, providing, and using Open Cider. Nothing in these Terms restrict other legal rights Open Cider may have to User data. We reserve the right to remove User Data from Open Cider for any reason. This reason includes any form of violation of these Terms, or other policies.
b. How long we keep your data.
Following termination or deactivation of your account, we immediately remove all user data. There are scenarios we may keep some parts of your data not directly associated with you for a reasonable period of time for audit or other legitimately required purposes.
c. Feedback.
We embrace suggestions and feedback on how Open Cider can be improved and a better experience for 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, Open Cider doesn't waive any rights to use similar or related feedback previously known to Open Cider, or developed by its employees, or obtained from sources other than you.
4. Security
We care about the security of our users. While we work to protect the security of your content and account, Open Cider can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your credentials secure. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third party links, sites, and services
Open Cider may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Open Cider. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Open Cider, you do so at your own risk and you agree that Open Cider has no liability arising from your use of or access to any third party website, service, or content.
6. Termination
Open Cider may terminate or suspend your right to access or use Open Cider for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have good reason including any violation of our policies. Upon termination, you continue to be bound by Section 3 and 7 of these terms.
7. Indemnity
If you use Open Cider for commercial purposes without agreeing to the Terms as required by section 2c, Privacy Policies, and Data Processing Agreement, you agree to indemnify and hold harmless Open Cider Limited, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, or your breach of any of these Terms.
8. Disclaimers
Our Service is provided on an "as is" basis without warranty of any kind, whether express or implied. Open Cider specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN CIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS. IN NO EVENT SHALL OPEN CIDER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Open Cider’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Open Cider isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
10. Arbitration
For any dispute you have with Open Cider, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Open Cider account. If Open Cider hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
11. Governing laws and jurisdiction
These terms shall be governed by the laws of the United Kingdom, without respect to it's conflict of laws principles. If you're not a consumer in the EEA, the exclusive place for all disputes arising from or in connection with this agreement is the Supreme Court of the Unitee Kingdom. If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
12. General terms
Notification procedures and changes to theses Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Open Cider after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Open Cider.
Entire agreement/severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Open Cider shall constitute the entire agreement between you and Open Cider concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Open Cider's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties
These Terms are a contract between you and Open Cider Limited, registered in the United Kingdom with its registered office at Dalton House 60 Windsor Road, Merton Abbey, London, Greater London, United Kingdom, SW19 2RR
Effective Date March 03, 2023