Terms & Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR CHALLENGES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: February 26, 2023
Welcome to FHERMA. Please read on to learn the rules and restrictions that govern your participation in the FHERMA Challenges in any manner and/or submitting any Solutions to Fair Math, use of our website and test cases (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@fherma.io
These Terms of Use (the “Terms”) are a binding contract between you (the “Participant”) and Fair Math, Inc. incorporated and acting under the laws of Delaware, whose registered office is located at 1111b South Governors Avenue, Dover, Delaware 19904 registered under the reference 35-2826660 (”Company"). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting.
Will these Terms ever change?
Company reserves the right to make amendments to these Terms at its discretion and without prior notice. The updated version will be made available on the Company page of the www.fherma.io and will be effective immediately upon publication. The current version and change history can be found on GitHub. If Company makes any alterations to the Terms, by continuing to engage in the Challenge after such changes are posted, the Participant is considered to have accepted the modified Terms. In the event of disagreement with the revised provisions, the Participant agrees to discontinue all involvement in the Challenge, resulting in the automatic and immediate termination of any existing contractual relationship with Company, without the need for further formalities.
Company holds the authority to limit, suspend, conclude, or otherwise modify any aspect of the Challenge and/or the disbursement of any Fherma Challenge payment at any given time. By continuing to participate in the Challenge, the Participant is understood to have accepted any such alterations.
To prevent any confusion or misunderstanding, the Participant explicitly commits to thoroughly reviewing this document prior to engaging in the Challenge.
What is Fherma Challenge?
Fherma is a platform designed exclusively for Fully Homomorphic Encryption (FHE) challenges. The details, prerequisites, and terms of these challenges are outlined on dedicated challenge pages accessible on the https://fherma.io/challenges , allowing Participants to submit Solutions in compliance with these Terms for an opportunity to receive Compensation. Company reserves the right to modify or terminate the Challenge at any time, without prior notice, and for any reason. If Company makes any alterations to the Challenge, by continuing to take part in it, the Participant is considered to have acknowledged and accepted the changes. Participation in the Challenge is entirely voluntary.
Who are eligible to participate in Fherma Challenge?
To qualify for the Challenge, the Participant must:
- Be at least 18 years old and not considered a minor in their country under applicable law.
- Not be in violation of any national, state, or local law, regulation, convention, or treaty that impacts the Terms and/or the Challenge.
- Not be bound by a non-competition or non-disclosure agreement that restricts their participation in the Challenge. Company holds no responsibility for any breach of third-party agreements by the Participant and explicitly disclaims knowledge of or accountability for the Participant's actions. Any individual failing to meet any of the above criteria will be promptly excluded from the Challenge and disqualified from receiving any compensation.
What are the basics of participating in Fherma Challenges?
Registration process
To submit a Solution, Participants must create an account by selecting a password and a username known as the "Fherma User ID". Participants commit to providing Fair Math with precise, complete, and regularly updated registration information. Participants are prohibited from selecting a Fherma User ID that they do not have the right to use, or using another person's name with the intent to impersonate them. Account transfer to another individual is not permitted without prior written consent from Company. Furthermore, Participants are restricted from having, controlling, or operating more than one active Fherma account or Fherma User ID. If it is discovered that a Participant possesses, controls, or operates multiple Fherma accounts or Fherma User IDs, Company may take corrective action, which may include the suspension or banning of the user account, revocation of access to the Fherma User ID, and disqualification from any ongoing Challenges.
If a Participant is agreeing to these Terms on behalf of an organization or entity, they confirm that they are authorized to do so on behalf of that organization or entity. This means that references to "Participant" in these Terms, except for in this sentence, refer to that organization or entity. However, the Participant is still required to create an account for their organization with a unique Fherma User ID.
Participants are allowed to use the Services exclusively for their own internal, personal, non-commercial purposes, and not on behalf of or for the benefit of any third party. This usage must also comply with all applicable laws. If the use of the Services by a Participant is prohibited by applicable laws, then they are not authorized to use the Services. Company is not held responsible if Participants use the Services in a manner that violates the law.
Participants must ensure that all registration information remains accurate and up-to-date. They should not share their account or password with anyone, and it is their responsibility to safeguard the security of their account and password. Participants are accountable for any activity associated with their account.
Submission process
The Participant commits to engaging in the Challenge solely for lawful purposes and agrees to adhere to all relevant laws and regulations. The Participant will bear full responsibility for the accuracy, thoroughness, suitability, and legality of any data or Solutions uploaded or provided during their involvement in the Challenge.
To take part in the Challenge, a Participant is only required to upload the encrypted result. However, if such a Solution attains the highest score by the end of the Challenge, the Participant must furnish the team with an extensive description and analysis of the process in order to receive Compensation for the Solution. The Compensation can only be disbursed after the validation of all provided documentation and upon the signing of a separate agreement between the Participant and the Company.
The Participant explicitly assures that, to the best of their knowledge, the Solution does not violate any Intellectual Property Rights of any individual, and does not incorporate any Intellectual Property, including patents, belonging to third parties. The Participant will exert their utmost efforts to refrain from utilizing third-party Intellectual Property, including patents, in their submissions to Company. Additionally, the Participant commits to including any references to such Intellectual Property if discovered when submitting the Solutions.
Company retains the right, without assuming any liability or prejudice to its other rights, to restrict the Participant’s access to the Challenge in the event of a breach of the Terms by the Participant. Furthermore, Company may consider the Participant ineligible for a Compensation payment.
Compensation policy
At the conclusion of each Challenge, Company define the best Solution according to the respective leaderbord and by decision of Fherma team. In order to receive Compensation, Participant must provide Company with full documentation and description of the Solution that will undergo a review and validation by Company . The decision to award Compensation for the Contribution rests solely with Company. The specific amount for each Compensation is determined by the figure stated on the Challenge description page https://fherma.io/challenges. All Compensation Payments will be issued in US Dollars.
Compensation, if any, will be paid by a dedicated company, that is authorised to process the payment. The payment provider and the payment process will be listed in the separate agreement with the Participant. Participant acknowledges that direct payment is not possible.
Company bears no responsibility for any circumstance that renders the Participant unable to accept or receive Compensation.
In the event that Participant becomes subject to any legal or other measures (such as EU or US restrictive measures) preventing Company or Payment provider from making payments, Company will refrain from processing any payments.
Participant assumes full and sole responsibility for any legal, tax, and social obligations and contributions associated with or in relation to the Compensation received. These will be determined by the laws of the Participant’s jurisdiction of residence and citizenship, and may be applicable to Participant’s specific situation, status, and income. Company can under no circumstances be involved in these steps and its liability can, under no circumstances and for any reason whatsoever, be engaged in this respect.
Participant is advised that, if necessary, and particularly in compliance with its legal obligations, Company may be obligated to disclose any information pertaining to the Compensation to the relevant and duly officially designated upon request. Participant expressly consents to such disclosure.
What are Intellectual Property Rights & Disclosure Guidelines ?
All solutions submitted to the platform, unless otherwise stated in the challenge terms and conditions, must be done under APACHE LICENSE, VERSION 2.0
Participant expressly warrants that to the best of his or her knowledge, the Solution do not infringe any Intellectual Property Rights of any person and do not use any Intellectual Property including patents of any third parties and will do his or her best efforts to avoid using third parties Intellectual Property, including patents, in the Participants and in any event undertakes to include any references thereof found when submitting the the Winning Solution to Company.
Participants are free to submit solutions at their own convenience, adhering to the Program's guidelines and the Terms.
The Сompany undertakes to publish the Winning Solution in accordance with the APACHE LICENSE, VERSION 2.0, unless otherwise stated in the challenge terms and conditions.
Liability
Limitation of Company’s Liability
The Challenge may feature links to websites or services operated by third parties, provided for convenience only. Company does not endorse any linked material and holds no responsibility for the content and privacy policies of such websites and services.
Given the voluntary nature of the Challenge, Company offers no warranty regarding the suitability of the Services or the Challenge to meet any specific Participant's needs or expectations. Company disclaims liability concerning the use of the Services and the Participant's involvement in the Challenge. Under no circumstances will Company be liable for indirect harm, such as financial loss, business disruption, loss of customers, or damage to brand image, resulting from a breach of these Terms.
Considering the voluntary nature of the Challenge, and to the fullest extent permitted by law, Company will not be liable to the Participant for any special, indirect, incidental, exemplary, aggravated, punitive, or consequential damages, claims, expenses, or other costs arising from or related to the Challenge, whether in tort (including negligence) or otherwise. This includes, but is not limited to, bodily injury, loss of revenue or profits, business interruption, and third-party claims.
Company's total liability under the Challenge will be limited to the Compensation paid or payable to the Participant. The Participant acknowledges that this provision represents a fair distribution of risk and constitutes an essential clause of these Terms. Without it, these Terms would not have been agreed upon, and the Participant's participation in the Challenge would not have been validated by Company. Company does not exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded by applicable law.
Participant’s Liability
The Participant explicitly acknowledges that a failure to adhere to the Challenge and/or these Terms will lead to instant disqualification from the Challenge and render them ineligible to receive any Compensation.
Regardless of any provision in these Terms to the contrary, the Participant shall be responsible for and indemnify Company, its officers, employees, clients, partners, subcontractors, and affiliates against any and all direct or indirect damages, liabilities, losses, as well as any expenses and costs (including attorney fees) incurred as a result of the Participant's failure to fulfill one or more of their obligations under the Terms.
Processing of Personal Data
Fair Math takes the privacy of its users very seriously. For the current Fair Math Privacy Policy, please click here
Applicable Law and Jurisdiction
The Challenge and these Terms are governed by and shall be interpreted in accordance with the internal laws of the State of Delaware, without regard to rules of conflicts of law or choice of law, and by the federal laws of the United States. For all legal proceedings related to this website, by using this website you agree that any legal filings, proceedings, and adjudication will be in the state and federal courts of Delaware.