You also cannot have control over my software while providing it to me without warranty or “as is” that is not how the law works at all and many, many software companies have been sued into the ground for trying to pull this stunt. Here is your terms of service which would indicate that you are INDEED LIABLE for all parties who use your software. Just because you write “we are not liable” DOES NOT make you not liable. Your TOS page will be archived for legal reasons as will this page.
So either you’re liable, or your software is completely open source with all code available. I don’t think investors or people running exchanges are going to like that the code they are using for many thousands if not millions of dollars is having issues with their licenses because they didn’t hire an attorney, and somehow just bullshitted a license together by stealing from other licenses.
Of course, if you’re referring to the setup portion of the code, then that’s perfectly fine. You can charge for open source software only if you offer to host it. That is all. But the entirety of the software must be free from you, for me to use on my own servers without any indication from Bitholla.
But you tried to put this in your license on GitHub which already has MIT licenses for all other parts of the software. A separate repository does not mean it’s a separate license when it’s needed to make the actual software work and operate.
Here is a copy of your TOS:
Terms of Service
Last Revised: 17th October 2021
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
These Terms of Use (“Terms”) apply to your access to, and use of, the websites of bitHolla Inc. and its subsidiaries and affiliated companies (“bitHolla,” “we” or “us”), including bitholla.com (collectively, the “Site”) and its subdomains. These Terms do not alter the terms or conditions of any other agreement you may have with bitHolla for products, services or otherwise (collectively, “Agreement”). To the extent there is a conflict between any Agreement and these Terms, the terms of the Agreement shall govern.
bitHolla reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. bitHolla will change the “Last Revised” date at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of the Website will indicate your acceptance of such changed or modified Terms.
bitHolla reserves the right, in its sole discretion, to modify, suspend, or cancel the Website or any portion of the Website or Services without prior notice to you, and to block or prevent your future access to, and use of, the Site.
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DEFINITIONS
Intellectual Property Rights:
mean all inventions, discoveries, trademarks, patents, trade names, copyrights, moral rights, jingles, know-how, intellectual property, software, shop rights, licenses, developments, research data, designs, technology, trade secrets, test procedures, processes, route lists, computer programs, computer discs, computer tapes, literature, reports and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable (or otherwise subject to legally enforceable restrictions or protections against unauthorized third party usage), and any and all applications for, registrations of and extensions, divisions, renewals and reissuance of, any of the foregoing, and rights therein, including without limitation (a) rights under any royalty or licensing agreements, and (b) programming and programming rights, whether on film, tape or any other medium which a Party owns or for which has a right to use.
Site
Refers to the main bitholla.com and its subdomains
HollaEx Kit
HollaEx Kit refers to the HollaEx exchange kit which includes tools and services to develop and run a crypto exchange.
HollaEx Network
It is a network of exchanges using HollaEx Kit and are sharing liquidity. HollaEx Network is managed by Holla International Ltd where handles all the crypto wallet as well as trading system for Exchanges utilizing the network.
HollaEx Token (XHT)
refers to the HollaEx token issued by HollaEx foundation.
Vault
refers to bitHolla Vault and custody services managing crypto assets and wallets.
Products and Services
refers individually and collectively to the bitHolla website and its subdomains, HollaEx Kit and all HollaEx affiliate applications such as HollaEx CLI, HollaEx Web, mobile app, and Vault related services, Vault APIs, Vault dashboard and any software services provided by bitHolla as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”).
Exchange Operator
Or “Client” refers to the businesses utilizing Services provided by bitHolla for their commercial and non commercial use cases operating an exchange business.
End User
refers to the end users of the exchange onboarded by Exchange Operator.
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COPYRIGHT
Products and Services and of any and all Intellectual Property Rights related, are the proprietary property of bitHolla. bitHolla is the exclusive owner of and shall retain all right, title and interest to the Products and Services.
You acknowledge and agree that, as between User and us, we own all right, title, and interest to the Products and Services and all bitHolla Technology, and all intellectual property rights thereto or embodied therein, all Derivatives of the foregoing, and all related Confidential Information. At no point shall you assert or contest our exclusive ownership of the foregoing except the items specified in Section 4.
Unless prior written consent has been obtained from bitHolla, the following shall not be allowed.
- The distribution of any source codes, header files, make files, docker images, or any libraries of the software.
- Alteration or removal of any notices in or on the software or within the documentation included within the software.
- Any distribution of the software that is not conducted with approval from bitHolla.
- Disassembling, decompiling or reverse engineering any object code contained within the software.
- The number of licenses being used may at no point and time be more than the number of licenses purchased.
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PRIVACY POLICY
Please refer to our Privacy Policy for information about how bitHolla collects, uses and discloses information about its users.
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USAGE LICENCE
User is granted to use Products and Services for his own commercial and non commercial use cases with the Terms of this agreement.
Guidelines
We may require users to comply with local jurisdiction and international regulation that we may post, and update from time to time and users must follow the instructions and use best practices to develop software using Products and Services.
HollaEx Network
By using HollaEx Network and the exchange liquidity you accept the terms and conditions set by HollaEx Foundation (Holla International Ltd.) and accept that HollaEx Foundation is going to be solely responsible for crypto asset management and exchange liquidity and bitHolla is simply providing hosting and customization services for your Exchange and is not liable for any of its operation.
Law and Regulation
Exchange operators are responsible for operating the exchange and all the law and regulation associated with that in their local jurisdiction. bitHolla is not responsible for the exchange operations and the legality of its activities and services of the Exchange. bitHolla has the right to terminate the usage in case of business activities of an Exchange does not abide by the local jurisdiction or mis usage of the services or illegal activities.
KYC / AML
While bitHolla may require KYB documents from exchange businesses and proof of business activities, it does not have access to the exchange users and its financial activities hence Exchange is solely responsible for collecting and managing its user’s data and verification of transactions both in fiat and crypto assets belonging to the exchange users.
Monitoring
Some Products and Services require monitoring to enhance security of user applications. You agree that bitHolla may monitor the use of the Products and Services to ensure quality, improve our products and services, observe and troubleshoot your use of the Products and Services, and verify your compliance with the provisions of this Agreement. This monitoring may include us accessing and using your account, for example to identify security issues that could affect our Products and Services or end users. You will not interfere with this monitoring. We may use any technical means to overcome such interference. We may suspend access to the Products and Services by you or your account without notice if we reasonably believe that you are in violation of this Agreement. You will allow us to check the configuration and settings associated with the Products and Services and with securing your account and applications. We may suspend the Products and Services (or any portion of the Service) for wallets that we deem insufficiently secured by you.
Removal of Content
If we are required by a licensor to remove Content, or receive information that Content provided to you may violate applicable law or third-party rights, we may so notify you and in such event you will promptly remove such Content from your systems. If we receive information that an Exchange may violate our guidelines or applicable law or third- party rights, we may so notify you and in such event you will promptly disable such Developer Application or modify the Developer Application to resolve the potential violation. If you do not take required action in accordance with the above, we may suspend or disable the Services until the potential violation is resolved.
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HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Products and Services, provided such link does not portray bitHolla or any of our Products and Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any bitHolla Marks or other proprietary graphics of bitHolla to link to the Products and Services without the express written permission of bitHolla. Further, you may not use, frame or utilize framing techniques to enclose any bitHolla trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without bitHolla express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of bitHolla or any third party.
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WARRANTIES
All software and Services provided in an “as is” condition and Client is taking all the responsibility for any damages arise from the usage of the software. Many Services and Software built and provided by bitHolla are open source. Client by accepting this agreement understands and accepts that bitHolla does not provide any warranty or is responsible for any issues arises from using the software.
BITHOLLA PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE SOFTWARE AND SERVICES. THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BITHOLLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. BITHOLLA DOES NOT REPRESENT OR WARRANT THAT BITHOLLA MATERIALS OR THE SITE AND PRODUCTS AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE BITHOLLA ATTEMPTS TO MAKE YOUR ACCESS AND USAGE SAFE, BITHOLLA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
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LIMITATION OF LIABILITY
bitHolla reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by bitHolla.
You are solely responsible to maintain insurance policies for your Exchange and Digital Assets. You acknowledge and agree that bitHolla does NOT make any promises or warranties about Services and Client shall take appropriate counter measures for insuring the funds if required.
bitHolla is also not liable for any issues arises from wallet custody as well as HollaEx Network trading and liquidity sharing and is simply providing software tools and services for exchanges using HollaEx Network.
IN NO EVENT WILL BITHOLLA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE BITHOLLA MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BITHOLLA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BITHOLLA’S RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BITHOLLA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BITHOLLA FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
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INDEMNIFICATION
You agree to defend, indemnify and hold harmless bitHolla, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content or Feedback you provide; © your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
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MODIFICATIONS TO THE PRODUCTS AND SERVICES
bitHolla reserves the right to modify or discontinue, temporarily or permanently, the Products and Services or any features or portions thereof without prior notice. You agree that bitHolla will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
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TERM AND TERMINATION
While the term of this agreement may be perpetual, this agreement may terminate immediately in the event any breach occurs of the terms and conditions listed herein.
The defaulting party will be allotted 30 days to cure the breach upon written notice or face immediate agreement termination.
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APPLICABLE LAW AND VENUE
In the event of termination the Client might be held accountable and is responsible for the damage caused.
These Terms and your use of the Products and Services will be governed by and construed in accordance with the laws of the Republic of Korea, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed in the Republic of Korea and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
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SEVERABILITY
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
