Legal
Terms of Use and Acceptable Use Policy
Effective date: 1 October 2026
Status: Legal draft — counsel review required before public release.
These Terms apply to the Persistela software, source code, binaries, documentation, APIs, hosted services, and related materials (collectively, the “Software”).
1. Acceptance and authority
By accessing, installing, copying, modifying, deploying, operating, or using the Software, you agree to these Terms and represent that you have authority to bind the person or organization on whose behalf you act.
If you do not agree, you must not access or use the Software and must stop any existing deployment, except to the extent required by non-waivable law.
2. Copyright and license status
Copyright © 2026 the Persistela copyright holder(s). All rights reserved. The exact legal owner and chain of title must be confirmed before public release.
Source availability does not by itself grant a license. The Software is not offered under an OSI-approved open-source license. You may use, copy, modify, or distribute the Software only to the extent expressly authorized in writing by the copyright holder or under a separate written agreement, and always subject to these Terms.
Third-party components remain governed by their respective licenses. These Terms do not reduce rights granted directly by third-party licensors.
3. Compliance with law
You may use the Software only in compliance with all applicable laws, regulations, court orders, export controls, sanctions, and licensing requirements. A use permitted by local law may still be prohibited by these Terms.
4. Prohibited activities
You must not use, permit, facilitate, market, provide, sublicense, or make the Software available, directly or indirectly, for any of the following:
4.1 Drugs and prohibited substances
- Unlawful manufacture, cultivation, processing, advertising, sale, distribution, brokering, transportation, or procurement of narcotic drugs, psychotropic substances, controlled precursors, or other prohibited or controlled substances.
- Operation of a marketplace, logistics system, payment system, customer database, or other service primarily supporting such unlawful trade.
This restriction does not prohibit a use expressly authorized by applicable law for licensed medical, pharmaceutical, forensic, or scientific purposes.
4.2 Human trafficking and exploitation
- Trafficking in persons, slavery, forced labor, debt bondage, unlawful adoption, sexual exploitation, or facilitation of illegal migration for exploitation.
- Recruitment, advertising, transport, payment, surveillance, or record keeping intended to enable such conduct.
4.3 Weapons
- Manufacture, sale, distribution, brokering, procurement, financing, or logistics of weapons, ammunition, military equipment, or their material components.
- Development, deployment, targeting, command, or operation of a weapon or weapons system.
- Any activity involving chemical, biological, radiological, or nuclear weapons, anti-personnel mines, cluster munitions, or other weapons prohibited by applicable international or domestic law.
4.4 Pornography and sexual exploitation
- Production, publication, distribution, sale, recommendation, monetization, or commercial facilitation of pornography or sexually explicit content.
- Any child sexual abuse material, sexual exploitation of a minor, non-consensual intimate content, sexual extortion, or content produced through trafficking, coercion, or abuse.
The prohibitions concerning minors, coercion, and non-consensual content are absolute and apply regardless of any contrary claim about local legality.
4.5 Extremism, terrorism, hatred, and xenophobia
- Organization, financing, recruitment, propaganda, operational support, or material support for a terrorist or violent extremist organization.
- Incitement, instruction, or facilitation of terrorism, violent extremism, genocide, crimes against humanity, war crimes, or politically motivated violence.
- Creation or distribution of content that intentionally incites violence, persecution, exclusion, or dehumanization based on nationality, ethnicity, race, religion, language, citizenship, descent, or another protected characteristic.
- Organized xenophobic harassment or discrimination.
Good-faith journalism, academic research, documentation of violations, content moderation, counterspeech, and lawful preservation of evidence are not prohibited solely because they discuss such material, provided they do not promote or facilitate the prohibited conduct.
5. Territorial and beneficiary restrictions
Unless the copyright holder gives prior written permission, the Software must not be accessed, deployed, hosted, operated, distributed, sublicensed, sold, or provided:
- in or from the Russian Federation or the Republic of Belarus;
- for the benefit of a government, public authority, armed force, intelligence or security service, state-controlled entity, resident, or organization established or operating in the Russian Federation or the Republic of Belarus; or
- through infrastructure located in those territories when that infrastructure enables production use of the Software.
This section is additional to, and does not replace, applicable sanctions and export-control laws. Where the law imposes a stricter restriction, the stricter restriction controls. No written permission may authorize conduct prohibited by applicable law.
6. Armed-aggression restriction
The Software must not be used by, for the benefit of, or knowingly provided to any person or organization that materially supports, finances, supplies, facilitates, promotes, or publicly justifies armed aggression against the sovereignty, territorial integrity, security, or civilian population of Ukraine or Israel.
Material support includes providing funds, weapons, military or dual-use goods, logistics, intelligence, cyber capabilities, recruitment, operational services, sanctions evasion, or other substantial assistance to perpetrators of such aggression.
This restriction does not prohibit peaceful criticism of any government, advocacy for human rights or compliance with international law, humanitarian relief delivered impartially to civilians, journalism, academic research, or documentation of alleged violations, unless the activity itself materially supports or facilitates armed aggression, terrorism, or attacks on civilians.
7. No circumvention
You must not knowingly assist another person to evade these Terms, including through a reseller, affiliate, intermediary, shell entity, VPN, proxy, re-export, white-label arrangement, false end-user statement, or concealed beneficial ownership.
You must conduct proportionate due diligence when you know or reasonably suspect that a customer, user, deployment, transaction, or end beneficiary may fall within Sections 4–6.
8. Suspension and termination
Any permission to use the Software terminates automatically upon breach of these Terms. The copyright holder may suspend access, revoke credentials, decline support, and require deletion of copies and cessation of deployments, subject to applicable law and any controlling written agreement.
Sections concerning ownership, prohibited use, disclaimers, liability, governing law, and remedies survive termination.
9. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, OR ACCURACY.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COPYRIGHT HOLDER AND CONTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OR GOODWILL, ARISING FROM OR RELATED TO THE SOFTWARE OR THESE TERMS.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
11. Governing law and disputes
These Terms are governed by the laws of Ukraine, excluding conflict-of-law rules. Unless non-waivable law requires otherwise, disputes are subject to the exclusive jurisdiction of the competent courts of Ukraine.
12. Severability and precedence
If a provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.
If a separately signed agreement expressly conflicts with these Terms, the signed agreement controls only to the extent of that conflict. No informal statement or repository metadata changes these Terms.
13. Questions and violation reports
Questions, permission requests, and good-faith reports of suspected violations should be submitted to the repository owner through the repository’s official contact channel. Do not include illegal content, credentials, or unnecessary personal data in a report.