Last updated: 15th February 2021

Terms of Use and Privacy Policy - Awala

Awala is a decentralized computer network where compatible software can remain connected despite Internet blackouts. The word “Users” refers to end users of Awala. We, Relaycorp, provide reference software implementations of the Awala protocol suite and the Awala-Internet Gateway instances hosted under relaycorp.cloud, such as frankfurt.relaycorp.cloud, to enable you use Awala (the “Services”). Other third parties may provide their own servers or applications for use on Awala, under their own terms and conditions. Relaycorp does not control those third parties.

We will always run and distribute the open source software that’s publicly available and unmodified, and we are committed to automating the process to distribute such software and making the automation code open source too. Additionally, we are committed to exploring workable ways in which we could eventually provide reasonable proof that the server-side infrastructure we operate to run Awala-Internet Gateway instances matches the open source code and that no backdoors have been introduced.

The only exception to this will be for severe security bug fixes that are easy to exploit, in which case we reserve the option to release the fix up to 48 hours before publishing the source code and disclosing the vulnerability. We do this to allow Users to patch their systems before bad actors start exploiting the vulnerability.

We will only operate server-side applications in jurisdictions that uphold freedom of speech and respect the privacy of individuals. Users will always be informed of the location of the server they’re connecting to, and they may get the option to switch to another jurisdiction where we offer the same service.

We cannot and do not guarantee the availability, bandwidth, performance or reliability of the Service.

Your Information

Use of Awala is anonymous. We do not collect email addresses, names, phone numbers, or other personal information from users. We will never sell, rent, share, or otherwise distribute user data.

Because use of Awala is anonymous, we need to obtain and use the following non-personal information for very limited purposes:

We process this information for the sole purpose of preventing abuse, malicious use, or unintentional harm to the Awala network.

The Private Gateway Address is a random, cryptographically-generated value which is independent of and not associated with the user, their location and their device. We may use such addresses to automatically enforce system quotas, to analyze the server logs for the purposes of troubleshooting, or to inform future changes to the Awala protocol suite or its implementations.

The Awala software does not share or otherwise distribute data regarding the user, the system or its environment, except as strictly necessary to provide and operate the Services.

We do not track or perform surveillance on users. We will not run mass surveillance programs, even if requested by law enforcement or public/government authorities. If we are ever subject to a demand from law enforcement or public/government authorities, including censorship actions or requests for user information, we will consult legal counsel and assert the fullest protection of law to deny such requests when legally appropriate. We will publicly disclose such demands and requests. If we are forced to comply, we will publicly disclose that, too, and will limit our compliance to only what is strictly required. In any case, we will only respond to requests from law enforcement in the UK and the US, and any other jurisdiction where we host our server-side applications, and only to the extent that such requests are limited to data located within the requesting authority’s jurisdiction. We will never comply with requests from other jurisdictions.

We may use or disclose personal information as we understand to be necessary or appropriate: (a) to comply with legal process only in the very limited circumstances described above; (b) to respond to requests from public and government authorities including public and government authorities if we cannot quash a legal demand; (c) to protect our systems and operations, or the rights, privacy, safety or property of our users; and (d) to allow us to pursue available remedies or limit the damages that we may sustain.

We do not use your information for marketing or advertising purposes or monetize your information in any way.

Other Information We May Collect

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

We may collect Other Information in a variety of ways, including:

Intellectual Property

You own all rights to the information you send, share, or submit through the Services. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Services.

Security

We seek to use reasonable organizational, technical and administrative measures to protect data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

Network Neutrality

We will treat all Awala-compatible applications equally, and will never favor or discriminate against any traffic based on the specific application being used, the sender or the recipient of the data, the content, or for any other reason, with the sole exception being applications intended to harm Relaycorp or Awala, or that violate these terms and conditions.

Use of Services by Minors

The Services are not directed to nor intended for use by any individual under the age of thirteen (13).

Use at Your Own Risk

USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. RELAYCORP DOES NOT WARRANT THAT 1) ANY INFORMATION PROVIDED BY US IS RELIABLE, ACCURATE OR COMPLETE; 2) THAT THE SERVICES WILL BE UNINTERRUPTED, OPERATIONAL, ERROR-FREE, SECURE, OR SAFE; 3) THAT DEFECTS WILL BE CORRECTED, OR 4) THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RELAYCORP IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “RELAYCORP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

THE RELAYCORP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE RELAYCORP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE RELAYCORP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

All matters related to the Services shall be governed and constructed in accordance with the laws of the State of Delaware without regard to conflict of laws provisions. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes.

Updates to These Terms

We may change these Terms. Please take a look at the “Last Updated” legend at the top of this page to see when these Terms were last revised. Any changes to the Terms will become effective when we post the revised Terms on the Services. When we make material changes to these Terms, we will make an effort to notify Users by posting a notice on social media. Because Awala is intended to be anonymous and is designed for use when the Internet is not available, we may not be able to notify you through the Services. Please check our social media for important announcements. You may also sign on to our mailing list for important notices and announcements by submitting an email address to [email protected]. Your use of the Services following these changes means that you accept the revised Terms.

Contacting Us

If you have any questions about the Terms or the Services, please contact us by email at [email protected], or please write to the following address:

Relaycorp, Inc.
2093 Philadelphia Pike #2244
Claymont, DE 19703
United States of America

Please note that email communications are not always secure; so please do not include sensitive personal or professional information in your emails to us through the Services.