adding boilerplate docs required for app stores

doc/privacy.txt

@@ -0,0 +1,237 @@
+
+Databag Privacy Policy
+
+Effective: October 24, 2022
+Purpose of the Policy
+
+Databag is committed to protecting your privacy as you use our service! We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the Databag website and related services, including but not limited to Databag (collectively, the “Service”). This Policy covers how we collect, use, store, and share your information when you use our Service. The provisions of our Terms of Service apply to this Policy as well. All references to “we”, “us”, “our”, or “Databag” refer to Databag, a California nonprofit public benefit corporation. All references to “you”, “your”, or “user” refers to the user of the Service. Further, you agree that this Policy and our Terms apply to your past use, if any, of the Service prior to the Effective Date.
+
+ 
+
+Do not hesitate to contact us at github.com/balzack/databag if you have any questions or want to discuss this Policy. Capitalized terms used but not defined shall have the respective meanings given to them in the Terms.
+Contents
+
+Please visit each link to read the policy in full.
+
+What Information We Collect
+
+Lists the various types of information you voluntarily provide us, such as an email address or phone number.
+
+How We Use Your Information
+
+Describes how we use your information to provide you with our services, such as creating an account or hosting your data.
+
+How We Share Your Information
+
+Explains that we do not share your personally identifiable information with other third parties except to the extent that it is in furtherance of the Service, or when you choose to do so.
+
+Storing Your Information
+
+Policies on the storage and retention of your information, as well as security measures to safeguard your information.
+
+Government Requests
+
+How we will respond to governmental requests for your information.
+
+Third-Party Services and Practices Are Beyond Our Control
+
+Describes our lack of control over services we may utilize to deliver our services, such as a third-party hosting service or payment processor.
+
+Retention
+
+Explains our policy for retaining your data.
+
+California Privacy Statement
+
+A special policy for users in the State of California and their rights.
+What Information We Collect
+
+Information You Voluntarily Provide Us
+
+In order to sign up for the Service, you must create an Account which requires you to provide us with various information that is, or may be, considered personally identifiable information.
+
+ 
+
+To create an Account to access the Service, you will be required to create a username and password.
+
+ 
+
+Optional Information You Voluntarily Provide Us
+
+Our Services are designed as a simple and personalized way for you to store your personal data and information like your contact connections, email, phone number, physical or mailing address, geolocation, videos and image (“Digital Identity”). You are not required to provide us with your Digital Identity to create an Account. You have the ability to provide us with specific information about you in your use of our Services as outlined below.
+
+ 
+
+Further, now or in the future, we may allow you to provide us with access to additional information and data through integrations with third party goods and services.
+
+ 
+
+We also may gain access to other personally identifiable information that you provide us through communications between us and you.
+
+ 
+
+The various categories of information in this subsection is, or may be, considered personally identifiable information, and is used for the purpose of providing you with the Service’s functionality. These include:
+
+ 
+
+User Directory Profile – For users who choose to be included in the User Directory, Databag stores a digital copy of your profile image, name, username, user supplied location and description (or whichever of these you choose to include) in a separate registry to enable this service. You may choose to disable this service at any time.
+
+ 
+
+Location – For users who utilize the service which enables finding nearby users, a digital copy of your physical location is temporarily stored in a separate registry in order to use this service.
+
+ 
+
+Usage information – With your opt-in consent, we collect anonymized information related to how you use the Services, including actions you take in your Account like first launch, log in, log out, your general geographic location, some app events and crash data, type of device and operating system you are using. We use this information to provide, and improve our Services, and protect Databag users. To protect Databag users, we analyze things like IP addresses, login history, and email and password changes to detect and respond to abusive behavior.
+
+ 
+
+Email – If you choose to subscribe to our marketing emails or contact customer support and request a reply. Your email is not associated with your Databag account.
+
+ 
+
+Cookies
+
+We do not use cookies, and because of that, our website may occasionally not work right on certain browsers. We apologize for that, but we believe that is a small price to pay to assure your privacy.
+
+ 
+
+In the future, if we decide to support browser login to your Account or other functionalities where it would be necessary to utilize software that could reveal your identity, we will strive to keep it as safe and private as possible.
+
+ 
+
+Do Not Track Signals
+
+We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Service.
+How We Use Your Information
+
+As stated above, we use certain information voluntarily provided by you so that you may create an Account, to provide you with the core aspects of the Service, and to provide you with information and updates about the Service. For example, we may host your data, back it up, and share it when you ask us to.
+How We Share Your Information
+
+We also do not share your personally identifiable information with other third parties except to the extent that it is in furtherance of the Service, or when you choose to do so (as described below). We will not sell it to advertisers or other third parties.
+
+ 
+
+Information Shared By You Through The Service
+
+You may, now or in the future, be able to choose to voluntarily share information collected through the Service. For example, you may decide to share your Digital Identity on the User Directory. In addition, as described in this Policy, some aspects of the functionality of the Service will require us to share your personally identifiable information with third parties.
+
+ 
+
+Our Personnel And Vendors
+
+To be able to effectively provide you with the Service, and to improve the functionality of the Service, we may disclose your information to our employees, contractors, agents, vendors, and other similar persons or entities, to the extent that such persons or entities have a need-to-know such information in furtherance of the Service.
+
+Databag uses certain trusted third parties (for example, providers of cloud hosting services) for the purposes of helping us provide, improve, protect, and promote our Services. These third parties will access your information to perform tasks on our behalf.
+
+ 
+
+Trusted third parties include:
+
+Amazon Web Services Inc.
+
+Bluehost Inc.
+
+The Rocket Science Group, LLC (Mailchimp Email Marketing Platform)
+
+ 
+
+You can also choose to connect your Account with third-party services. By doing so, you are enabling Databag and those third parties to exchange information about you and data in your Account so that Databag and those third parties can provide, improve, protect, and promote their services. Please remember that third parties’ use of your information will be governed by their own privacy policies and terms of service.
+
+ 
+
+Other Third Parties
+
+In addition to our practices described above, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of Databag, or (3) prevent an emergency involving danger of death or serious physical or mental injury to any person.
+Storing Your Information
+
+Storage and Retention Of Your Information
+
+ 
+
+We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information.
+
+ 
+
+We cannot, however, ensure or warrant the security of any information you transmit to Databag or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. As such, we will not be liable for any loss or damage you incur as a result of a breach of our security systems. In the event that personal information is compromised as a result of a breach of our security systems, we will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law. If you would like to review your information that we have access to, you may contact via forums at github.com/balzack/databag.
+
+ 
+
+Security
+
+ 
+
+We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we will require our personnel to sign confidentiality agreements that extend to your personal information; we review the privacy practices of new products and services that we integrate into our Service; we train our personnel on privacy issues; we will have personnel to monitor privacy issues; we restrict access to your personal information to individuals within and outside of Databag who need access to such information to provide the Service; we continue to work on features to keep your personal information safe in addition to measures like two-factor authentication and alerts when new devices and apps are linked to your account; we use encryption technology to secure data; and we deploy automated technologies to detect abusive behavior and content that may harm our Services, you, or other users. In addition, we rely on the technical safeguards provided by the third-party vendors we use to host, store, and process your information. However, you acknowledge and agree that loss, misuse, and alteration may occur despite our efforts to protect your information. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.
+
+ 
+
+Databag Hosts
+
+To promote the adoption of our ecosystem, we encourage volunteers (“Hosts”) who have technical ability to host Databags for their friends and family to help us grow our ecosystem. This is a first step to achieving individual privacy by creating a smaller “group” privacy system managed by Hosts.
+
+ 
+
+Due to security, liability, legal compliance and safety reasons, Hosts have access to the files and data you upload to your Databag. This functionality is in place to keep both you, your Host and Databag protected.
+Because of this potential access, we strongly urge users to consider the trustworthiness and capabilities of your Host. If you are concerned about the trustworthiness or capabilities of your host, you should not accept their invite to create an account. Instead, you may opt to wait until Databag is able to host accounts.
+
+ 
+
+If you do not trust your potential host, you may keep your Databag private by hosting your own Databag and node. In this case, YOU will be responsible for the security, liability, legal compliance and safety of your Databag.
+
+ 
+
+We ask our Hosts to agree and abide by the following set of policies in the treatment and handling of your Databag and Digital Identity, although we have no control or liability if they do not.
+
+ 
+
+Best Practices for Hosts:
+
+    Keep Databags secure by encrypting their contents while in a resting state and utilizing a strong password to access their Host portal.
+    Regularly backup Databags to a secure cloud or off-site location.Promptly update Nodes, Databags and other software when new versions are released.
+    Not analyze, distribute or transfer Databags and their data in any way except in the course of providing the service.
+    Not view or access a user’s Databag and its contents in any way except to
+        Honor federal, state and local rules regarding GDPR and government data requests.
+        Access to review data reported by other users for violating Databag’s Terms of Service, Privacy Policy or Community Standards.
+    Promptly remove data or accounts that do not comply with Databag’s Terms of Service, Privacy Policy or Community Standards.
+
+Government Requests
+
+Stewardship of your data is critical to us and a responsibility that we take seriously. We believe that your data should receive the same legal protections regardless of whether it is stored on our Services or on your home computer’s hard drive. We will abide by the following Government Request Principles when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:
+
+ 
+
+Be accountable and transparent with our users. We share information with our users about how we handle government requests and about our disclosure of user data and removal of content.
+
+ 
+
+Minimize disclosure of user data and restrictions to freedom of expression online and fight blanket requests. We minimize the disclosure of user data and the restriction of user content by narrowly interpreting government requests in these areas.
+
+ 
+
+Protect all user’s human rights, including the rights to privacy and freedom of expression. We examine all appropriate options when faced with a government request that raises human rights concerns, including seeking clarification or modification or contesting the request.
+
+ 
+
+Provide trusted services to our users. Governments should not install backdoors into online services or compromise infrastructure to obtain user data. We’ll continue to work to protect our systems from this type of activity.
+
+ 
+
+We will publish a Transparency Report as part of our commitment to informing you about when and how governments ask us for information. This report details the types and numbers of requests we receive from law enforcement.
+Third-Party Services
+
+Our Service may utilize numerous third party services as part of the functionality of the Service, such as hosting services, analytics providers, communications services, and other vendors; and we may share your information with third parties to the extent explained in this Policy. Additionally, we use third party payment processing services for individual donations made through our website, such that we do not receive any of your sensitive financial information. We have no control over such third parties. Thus, we make no guarantees about, and assume no responsibility for the information, services, or data/privacy practices of third parties, which may differ significantly from our practices described in this Policy. We encourage you to review the privacy practices of such third parties to the extent possible, and we encourage you to use caution in deciding the information you choose to make available on the Service.
+Retention
+
+When you sign up for an Account with us, we will retain information you store on our Services for as long as your Account exists or as long as we need it to provide you the Services. If you delete your Account, we will initiate deletion of this information after 30 days, but please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.  
+California Privacy Statement
+
+The following provision applies to users in the State of California. We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes, then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your personally identifiable information.
+
+ 
+
+We will retain your information for as long as needed to provide you with the Service. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
+
+ 
+
+As explained in this Policy, we share your personally identifiable information in order to provide and support our Services.
+

doc/service.txt

@@ -0,0 +1,246 @@
+
+Databag Terms of Service
+
+Effective: October 24, 2022
+
+ 
+
+Thank you joining the Databag community! These Terms of Service (the “Terms”) cover your rights and obligations relating to your access and use of the Databag website and related services, including but not limited to Databag (collectively, the “Service”). All references to “we”, “us”, “our”, “or “Databag” refer to Databag, a California nonprofit public benefit corporation. All references to “you”, “your”, or “user” refers to the user of the Service. In addition to these Terms, please review the Databag Privacy Policy, which describes our practices related to collection and use of your information. These Terms apply to our Privacy Policy as well. By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements. Further, you agree that these Terms and our Privacy Policy apply to your past use, if any, of the Service prior to the Effective Date.
+
+ 
+
+PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
+
+ 
+
+Do not hesitate to contact us at github.com/balzack/databag/discussions if you have any questions or want to discuss either of these important documents.
+Contents
+
+Please visit each link to read the policy in full.
+
+How Our Services are Funded
+
+Describes what we ask of you instead of payment for our services.
+
+Age Policy; Permitted Users
+
+Explains the age restrictions for our users.
+
+Overview of the Service; Your Digital Identity
+
+A brief description of our service and your responsibilities as you use them.
+
+Community Standards
+
+How your use of our Services must comply with our Community Standards.
+
+Our Intellectual Property
+
+Outlines what property belongs to us, such as our software, and things you are not allowed to do with it.
+
+Databag’s Digital Identity
+
+What we own and protect as ours, like logos and brand names.
+
+Information We Make Available to You
+
+Describes how information we provide to you is informational only.
+
+Information You Provide to Us
+
+Grants us the right to use the information you give us to provide our service.
+
+Prohibited, Illegal, and Inappropriate Content
+
+The kinds of information you are not allowed to upload or diplay through our service.
+
+Your Use of Others’ Intellectual Property
+
+Explains your use of content that does not belong to you.
+
+Digital Millennium Copyright Act
+
+The DMCA Policy is a way for you to respond to someone you believe is infringing on a copyright.
+
+Third Party Sites and Services
+
+Our Service is integrated with services provided by third parties as part of the functionality of the Service.
+
+Account Termination
+
+Explains how you or we may terminate an account.
+
+Proper Use of the Services
+
+Describes improper use of our services such as accessing content that doesn’t belong to you or spamming.
+
+ASSUMPTION OF RISK
+
+You must agree to use our service at your own risk.
+
+DISCLAIMER OF WARRANTIES; “AS IS”
+
+Outlines how we don’t make any promises or warranties about our service.
+
+LIMITATION OF LIABILITY
+
+Describes the limits of our liability when using our service.
+
+Indemnification
+
+What happens in the event that a third party brings a claim against us related to your actions, content, or information.
+
+Resolving Disputes
+
+Our policies for how to resolve disputes you may have with us.
+
+Governing Law
+
+Our terms are governed by the State of California.
+
+Entire Agreement
+
+How these terms constitute our agreement with you.
+
+Waiver, Severability & Assignment
+
+Explains additional rights for you and us regarding this policy.
+
+Modifications
+
+Describes when and how we will make revisions to our policies.
+How Our Services are Funded
+
+We are a nonprofit corporation. Our mission is to create a new ecosystem that will safeguard our data and digital identities, empower privacy rights, and promote technology innovation and competition. Databag does not sell ads or your personal data to anyone. You share it only with the people and apps you decide to. We are funded by users like you through donations, financial support from our community of apps, and other support such as grants and in-kind services. Instead of paying to use our Services, you agree that you will be a responsible member of our community by following all of our policies, including our Community Standards, and support us in our mission.
+Age Policy; Permitted Users
+
+We do not intend that the Service be used by anyone under 13 years old. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete that person’s personally identifiable information and prevent such user from using our Service. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
+Overview of the Service; Your Digital Identity
+
+
+In order to access the Service, you will need to create an account (the “Account”).
+
+ 
+
+You understand that in order for you to use the Service, you must consent to Databag (1) hosting your Digital Identity on Databag, (2) backing up your Digital Identity on secure, third-party servers (like AWS), and (3) transmitting your Digital Identity to other users as you request. You may also host and backup your Digital Identity yourself, in which case we do not have access or permission to your Digital Identity. For users who choose to be listed in the User Directory, Databag will keep a digital copy of your profile image, name, username, location and description (depending on what you have chosen to include) in a separate registry that will allow other users to find you.
+
+ 
+
+You are solely responsible for keeping your Account information, including password, safe. You may not use another user’s account. If you become aware of any unauthorized use of your account, you must promptly notify us of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your account or password, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use.
+Community Standards
+
+Your use of our Services must comply not only with these Terms and our Privacy Policy, but also our Community Standards. Databag may review your conduct and content for compliance with these Terms and our Community Standards.
+Our Intellectual Property
+
+The software, including all files and images contained in the Service, and accompanying data, as well as all data provided by users and/or collected by us through the Service (collectively “Our IP”) are the property of Databag or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
+
+ 
+
+Open source software licenses for components of the Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses govern your agreement with Databag for the use of the components of the Services released under an open source license.
+Databag’s Digital Identity
+
+Databag and its Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Databag trademarks, logos and other brand features. We welcome feedback on Databag and our Services, and we thank you for your enthusiastic involvement in our community.
+Information We Make Available to You
+
+As part of the Service, we may provide you with various information in furtherance of the Service. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you or your property.
+Information You Provide to Us
+
+As a core aspect of the functionality of the Service, you may provide us with information about yourself by and by using the Service. By providing this information and content, you grant us the right to use the information and content for any purpose that is in furtherance of providing the Service, as described in these Terms and our Privacy Policy. While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.
+
+ 
+
+In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
+Prohibited, Illegal, and Inappropriate Content
+
+As part of the functionality of the Service, you may provide us with information about you. You agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. If you post prohibited, illegal, or inappropriate content, we may remove such content from our servers, and we may suspend or terminate your account, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
+Your Use of Others’ Intellectual Property
+
+Although you may provide information and content to Databag as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your account.
+Digital Millennium Copyright Act
+
+
+Our Service is integrated with services provided by third parties as part of the functionality of the Service. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
+
+ 
+
+Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way. 
+Account Termination
+
+You are free to stop using our Services at any time. You can delete your account and Digital Identity saved by Databag. If you do, your data will be gone forever.
+
+ 
+
+We reserve the right to suspend or terminate your Account, or take other action to limit or prevent your access to our Service, if we, in our sole discretion, deem that such action is necessary based on: your use of the Service in a way that would potentially expose us to liability; disruption of the Service by you to others; your violation of these Terms or our Privacy Policy; your violation of any applicable laws, rules, regulations, and agreements that may apply to you.
+
+ 
+
+We may, but are not obligated to provide you with reasonable advance notice via the Account or Databag app to remedy the activity that prompted us to contact you and give you the opportunity to export your Digital Identity from our Services.
+Proper Use of the Services
+
+You shall not violate or attempt to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
+ASSUMPTION OF RISK
+
+DIATUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (SEE BELOW), AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
+DISCLAIMER OF WARRANTIES; “AS IS”
+
+WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
+LIMITATION OF LIABILITY
+
+TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
+
+ 
+
+IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).
+
+ 
+
+THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
+
+ 
+
+SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
+Indemnification
+
+In the event that any third party brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third-party claims, including privacy violations, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
+Resolving Disputes
+
+We’re a nonprofit with a mission to build a better system for all us, so let’s see if we can work things out first! We want to address your concerns without needing a formal legal case. Before filing a claim against Databag, you agree to try to resolve the dispute informally by contacting github.com/balzack/databag/discussions. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Databag. Third, if the dispute is not resolved through informal resolution and mediation, either party may proceed with a lawsuit, which shall take place in San Francisco County, California. Both Parties consent to venue and personal jurisdiction there.
+
+ 
+
+Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
+
+ 
+
+Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
+Governing Law
+
+These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. Both you and we consent to venue and personal jurisdiction there.
+Entire Agreement
+
+These Terms constitute the entire agreement between you and Databag with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
+Waiver, Severability & Assignment
+
+Databag’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Databag may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
+Modifications
+
+We may revise our policies, including these Terms or our Privacy Policy, from time to time to better reflect:
+
+ 
+
+(a) changes to the law,
+
+(b) new regulatory requirements
+
+(c) improvements or enhancements made to our Services, or
+
+(d) inputs and suggestions from our community of users.
+
+ 
+
+Before making modifications that affect your use of the Services or your legal rights as a user of our Services, we’ll notify you via an in-product notification, and through announcements in our community forum, allowing time for feedback and input from users (“Feedback”). Please note that although we invite your feedback, we are under no obligation to implement any feedback given by you. Additionally, Databag shall own all right, title and interest in and to the Feedback, and will be free to use, disclose, reproduce, and otherwise distribute and use the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind. Once finalized, we will announce the modifications and the new terms will be effective no less than 30 days from when we notify you.
+
+ 
+
+If you do not agree to the updates we make, please terminate your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
+