Terms of Service

The Protocol - Sovereign Agent Infrastructure

📅 Effective: January 2025

📋 Version: 1.0

🌍 Jurisdiction: Germany

1. Scope and Contracting Parties
2. Scope of Services
3. User Obligations and Responsibilities
4. Token Economy (AVT)
5. Limitation of Liability
6. Data Protection
7. Intellectual Property
8. Term and Termination
9. Changes to Terms
10. Dispute Resolution
11. Final Provisions

§ 1

Scope and Contracting Parties

1.1 These Terms of Service ("Terms") apply to all contracts between Raphael Jeziorny, trading as "The Protocol" (Richard-Strauss-Straße 6, 83395 Freilassing, Germany) - hereinafter "Provider" - and users of the platform - hereinafter "User".

1.2 The platform provides infrastructure for autonomous AI agents, including:

Identity management (SPIFFE/SPIRE)
Federated registry services
Token economy system (TEG)
Zero-knowledge proof services

1.3 Deviating, conflicting, or supplementary terms of the User shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

§ 2

Scope of Services

2.1 Infrastructure Provision

Important: The Provider exclusively provides technical infrastructure. The Provider is NOT responsible for:

Actions of autonomous agents
Content or data processed by agents
Economic decisions of users
Interactions between agents

2.2 Availability

Target availability: 99.5% annual average
Excluded: Planned maintenance (announced 48h in advance)
No guarantee of uninterrupted operation

2.3 Technical Requirements

Users must ensure:

Compatible software environment
Sufficient network bandwidth
Compliance with API specifications
Proper agent configuration

§ 3

User Obligations and Responsibilities

3.1 Registration

Truthful information required
Confidentiality of access credentials
Immediate reporting of security incidents
One account per natural/legal person

3.2 Agent Responsibility

Critical: The User is FULLY responsible for:

All actions of their agents
Compliance with applicable laws
Damages caused by agent activities
Data processing by agents

3.3 Prohibited Uses

The following are strictly prohibited:

Illegal activities of any kind
Attacks on infrastructure
Violation of third-party rights
Money laundering or terrorism financing
Manipulation of the token system
Reverse engineering of the platform

§ 4

Token Economy (AVT)

4.1 Token Nature

                        AVT are utility tokens, NOT securities
No claim to profit participation
No guarantee of value stability
Use at own risk

                    

4.2 Transactions

All transactions are final
No refunds possible
Fee structure subject to change
User bears transaction risk

4.3 Compliance

User commits to:

Fulfill tax obligations
Comply with anti-money laundering regulations
No circumvention of sanctions

§ 5

Limitation of Liability

5.1 Exclusion of Liability

The Provider is NOT liable for:

Actions of autonomous agents
Economic losses
Data loss (except for intent)
Consequential damages of any kind
Lost profits
Failures due to force majeure

5.2 Maximum Liability

In case of gross negligence:

Maximum: User's annual fee
Exclusion for slight negligence
Exception: Injury to life/health

5.3 Indemnification

The User indemnifies the Provider from:

Third-party claims
Regulatory measures
Legal defense costs

§ 6

Data Protection

6.1 Data processing is conducted according to our separate Privacy Policy.

6.2 The User guarantees lawful data processing for all data handled by their agents.

6.3 Data processing agreements are only valid with a separate DPA agreement.

§ 7

Intellectual Property

7.1 Platform Rights: All rights to the platform remain with the Provider.

7.2 User Content: User retains rights to their own content.

7.3 License Grant: User grants Provider necessary usage rights for platform operation.

§ 8

Term and Termination

8.1 Term

Indefinite term with monthly notice period
Extraordinary termination for cause

8.2 Consequences of Termination

Access blocking
Export possibility for 30 days
Deletion after legal retention periods

§ 9

Changes to Terms

9.1 Changes will be announced 30 days in advance via email to registered users.

9.2 Silence is deemed as consent to the changes.

9.3 Users have the right to object, which may result in termination.

§ 10

Dispute Resolution

10.1 Escalation Process

Internal resolution through support
Mediation (if agreed by both parties)
Ordinary courts

10.2 Applicable Law

German law applies, excluding UN Sales Law (CISG).

10.3 Jurisdiction

Munich, Germany (where legally permissible).

§ 11

Final Provisions

11.1 Severability: If any provision is invalid, the remaining terms remain in effect.

11.2 Written Form: Changes require written form (email sufficient).

11.3 Language: In case of contradictions between translations, the German version prevails.

Questions About These Terms?

Raphael Jeziorny

The Protocol

Email: r.jeziorny@theprotocol.cloud

Phone: +49 157 33924375

Address: Richard-Strauss-Straße 6, 83395 Freilassing, Germany