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[legal] general terms and conditions
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115 changes: 115 additions & 0 deletions GENERAL_TERMS_AND_CONDITIONS.md
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### General Terms and Conditions for Boruta (Open Beta)

#### **1. Introduction**
Welcome to the open beta of Boruta, an identity and access management solution developed and maintained by Malachit EI. By participating in the beta, you agree to these General Terms and Conditions ("Terms"). Boruta is provided as-is for testing purposes and may not be fully optimized for all production use cases.

These Terms are supplementary to the Apache 2.0 License under which Boruta is licensed. In the event of a conflict, the Apache 2.0 License governs the open-source aspects of Boruta.

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#### **2. Eligibility**
Participation in the Boruta beta is open to all individuals and organizations, provided they comply with applicable laws and these Terms. By using Boruta, you affirm that you are at least 18 years old or have obtained consent from a legal guardian.

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#### **3. Scope of Use**
The beta software is made available for testing and feedback purposes. Users are encouraged to explore Boruta's features, report issues, and share suggestions. Malachit recommends against using the beta version in production environments for critical applications.

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#### **4. User Responsibilities**
Users agree to:
- Use Boruta solely for lawful purposes and in compliance with all applicable laws and regulations.
- Avoid using Boruta in ways that could harm, disable, overburden, or impair the software, its infrastructure, or third-party services connected to it.
- Refrain from introducing malicious code (e.g., viruses, worms) or attempting to exploit vulnerabilities in Boruta or its associated systems.
- Use Boruta in compliance with its documentation and avoid reverse engineering, decompiling, or disassembling the software unless expressly permitted under the Apache 2.0 License.
- Ensure that any identity information collected through Boruta is handled in compliance with applicable data protection and privacy laws. Users acknowledge that they are solely responsible for the proper handling, storage, and use of such information.

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#### **5. Prohibited Activities**
Users may not:
- Use Boruta for unlawful, unethical, or harmful activities, including but not limited to unauthorized access to systems, identity theft, fraud, or spamming.
- Attempt to circumvent security measures or protections implemented within Boruta.
- Misrepresent the software or its capabilities to others, especially in production environments.
- Share or distribute Boruta in a manner inconsistent with its open-source license (Apache 2.0).

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#### **6. Feedback and Contributions**
Feedback is critical to improving Boruta. Users may report bugs, suggest features, and provide other feedback through GitHub issues. By submitting feedback:
- You grant Malachit a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, and distribute your contributions.
- Significant contributors may be acknowledged publicly in the project documentation or release notes.

For security-related or sensitive issues, please report directly via email at [email protected].

Additionally, Boruta provides a feedback form under the io.malach.it [Privacy Policy](https://io.malach.it/privacy-policy.html), ensuring compliance with data protection standards.

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#### **7. Stability and Updates**
While Boruta is stable for general testing, it may not fully support all production environments. Users should exercise caution when deploying Boruta in critical systems.
- **Updates**: Monthly releases are planned during the beta phase. Updates may include new features, bug fixes, or breaking changes.
- **Changelog**: Each release will be accompanied by a detailed changelog on GitHub, outlining updates, known issues, and any migration steps for breaking changes.
- **Data Recovery**: While Malachit will make best efforts to preserve user data during updates, some updates may cause data loss. Such instances will be noted in the changelog.

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#### **8. Communication and Notifications**
- **Updates**: All updates and announcements will be shared on the project’s GitHub repository.
- **Future Notifications**: To receive notifications about future releases and updates, users can sign up via the contact form at [https://io.malach.it](https://io.malach.it). The contact form complies with the io.malach.it [Privacy Policy](https://io.malach.it/privacy-policy.html).
- **Support**: For inquiries, users may contact [email protected]. Malachit aims to respond within three business days but does not guarantee response times during the beta.

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#### **9. Privacy and Data Use**
- The contact form on [https://io.malach.it](https://io.malach.it) collects personal data, such as email addresses, to facilitate notifications about Boruta updates.
- Data collected through the contact form will be handled in accordance with the io.malach.it [Privacy Policy](https://io.malach.it/privacy-policy.html).
- Malachit does not collect or retain sensitive user data through the beta software unless explicitly stated.

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#### **10. Indemnity**
Users agree to indemnify and hold harmless Malachit, its affiliates, and contributors from any claims, damages, liabilities, or expenses arising from:
- Misuse of Boruta.
- Violation of these Terms.
- Unauthorized deployment or alteration of Boruta.
- Improper handling, collection, or storage of identity information collected by users through Boruta.

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#### **11. Liability Disclaimer**
- Boruta is provided "as-is" during the beta phase without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement.
- Malachit disclaims liability for any damages arising from:
- Improper use of Boruta or failure to adhere to its documentation.
- Unauthorized modifications or alterations made by users.
- Use of Boruta in high-risk environments where failure could lead to severe damages, such as critical infrastructure or life-support systems, without explicit prior approval from Malachit.
- Malachit reserves the right to restrict access to the beta for users engaged in misuse or harmful activities.

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#### **12. Termination**
Malachit reserves the right to terminate or modify the beta program at any time. Access to the beta may be discontinued without notice. Upon termination, users must discontinue use of Boruta.

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#### **13. Transition to Full Release**

At the end of the beta phase, Boruta will transition to its full release while remaining open source under the Apache 2.0 License. Malachit reserves the right to release additional features, tools, or related services under separate terms. Users will be notified of the transition and encouraged to update to the latest version.

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#### **14. Governing Law**
These Terms are governed by the laws of France. Malachit is registered as an Entreprise Individuelle (EI) under French law. Any disputes arising from these Terms will be resolved under the exclusive jurisdiction of the courts in France.

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#### **15. Contact Information**
For any questions or concerns regarding Boruta or these Terms, please contact:

Pascal Knoth, Malachit

Email: [email protected]

Website: [https://io.malach.it](https://io.malach.it)

4 changes: 4 additions & 0 deletions README.md
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This code is released under the [Apache 2.0](LICENSE.md) license.

## General Terms and Conditions

By using Boruta, you agree to the [General Terms and Conditions](GENERAL_TERMS_AND_CONDITIONS.md), which complement the software's Apache 2.0 License.

## About boruta

The name boruta comes from a polish legend where he is a gentle devil (an angel, maybe) that is such evil that having him at home makes you safe. He was living during the middle ages in the castle of the little town of Leczyca, since then the people from there have a little figurine of him at home helping the house to be protected from bad fate.

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