The Geomys logo, an ink outline of a quaint Italian town on the side of a mountain.

TERMS OF USE

These Terms of Use constitute a legally binding agreement (the “Terms” or “Agreement”) between you (“You”) and Filippo Valsorda dba Geomys, its representatives, affiliates, officers, and directors (collectively “Geomys”) governing Your use of the “Essential Plan” service offered by Geomys (the “Service”). You and Geomys may each be referenced in these Terms as a “Party” or together as the “Parties.”

ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT

By using any part of the Service, You agree to be bound by these Terms. You further agree that You are at least eighteen (18) years old and have legal authority to accept these Terms. If You do not want to be bound by these Terms or if You do not agree to these Terms, then You cannot use or access our Service.

In these Terms, “we,” “us,” “our” and “Geomys” all refer to Geomys. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. All references to “You” mean the person who accesses, uses, and/or participates in the Service, in any manner, and each of Your heirs, assigns, and successors. If You use the Service on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms. Further, in order to use many aspects of the Service, You must register for and maintain an active Service account (“Account”), and these Terms also govern Your Account and Your use of and access to Your Account.

We may amend these Terms from time to time. Any amendments will be effective upon Geomys’ posting of such updated Terms on our website. Your continued access or use of the Service after such posting confirms Your consent to be bound by the Terms, as amended. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.

1. About Geomys and the Service

Geomys handles the CMVP validation of the FIPS 140-3 Go Cryptographic Module, and contributes the module to the upstream Go project, for the benefit of the Go community.

The FIPS 140-3 Go Cryptographic Module is distributed as part of the upstream Go toolchain, where it is seamlessly integrated with the cryptography packages of the Go standard library, and its use and technical details are documented at https://go.dev/doc/security/fips140. All FIPS 140-3 approved algorithms in the standard library are implemented by the module, including post-quantum key exchange algorithm ML-KEM, and the module is tested on a wide range of platforms.

Geomys provides additional commercial services in support of the certification and compliance requirements of Go enterprises, including the Service for which You are subscribing. The Service (Essential Plan) is a lightweight and cost-effective offering that provides timely information to effectively deploy the upstream FIPS 140-3 Go Cryptographic Module in your development cycle, with supporting material to answer the questions of customers and auditors. This includes:

2. Subscription & Payment.

2.1 License Grant. As part of your subscription to the Service either pursuant to these Terms or an Order Form (defined below) (your “Subscription”), Geomys grants to You a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Service during the applicable Subscription Term (defined below) pursuant to these Terms.

2.2 Subscription Fees. The fees for a Subscription are based on either annual or monthly periods (or pro rata portions of such periods, calculated on a monthly basis) commencing on the Subscription Start Date (defined below) and as elected by You and shown on Your Account. Unless otherwise agreed under a separate Order Form (defined below) entered into between You and Geomys with respect to Your access and use of the Service, Geomys shall begin collecting payment for your Subscription on your Subscription Start Date and shall bill for Subscription Fees every thirty (30) days. Unless otherwise specified in an Order Form, each Subscription Term will automatically renew for successive 30-day periods in the case of monthly Subscription Terms or 12-month periods in the case of annual Subscription Terms, unless either party gives the other party notice of non-renewal, in the case of a monthly Subscription, at least 15 days before the current Subscription Term ends, or in the case of an annual Subscription, at least 90 days before the current Subscription Term ends. Upon notice of non-renewal, You will not be charged for the next billing cycle but will not receive any refunds or credits for amounts that have already been charged.

2.3 Termination of Service and/or Subscription. Your Subscription shall commence as of the Subscription Start Date and shall continue unless terminated in accordance with these Terms. Except as otherwise expressly noted below or under an Order Form, You shall be required to pay all fees due and owing through the date of termination.

2.3.1 Termination for Cause. Either party may terminate the Service if the other party (a) fails to cure a material breach under the Terms within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. Geomys may immediately terminate provision of the Services if You fail to pay Subscription Fees in accordance with your Subscription and as provided in Your Account.

2.3.2 Termination for Convenience. Unless otherwise noted under any applicable Order Form, either party may terminate the Service and the applicable Subscription (including all Agreements relating thereto) at any time for any reason upon 30 days’ notice to the other party, provided (a) You will not be entitled to a refund of any pre-paid Subscription fees and (b) if You have not already paid all applicable fees for the then-current Subscription Term, any such Subscription Fees that are outstanding (including Subscription Fees and any additional payable for the remainder of the Subscription Term) will become immediately due and payable.

2.3.4 Effect of Termination. Upon expiration or termination of the Services for any reason, all Subscriptions and any other rights granted to You under this Section 2 will immediately terminate, and You will immediately cease all use of the Services. Upon termination by either party for cause as described above, Geomys will refund to You a prorated amount of prepaid, unused fees applicable to the remaining portion of the Subscription Term measured from the effective date of termination. In no event will any termination relieve You of the obligation to pay any fees accrued or payable to Geomys for the Services in the period prior to the effective date of termination.

2.4 Subscription Definitions: The defined terms in this Section 2 shall have the following meanings:

“Order Form” means an ordering document, or an online order entered into between You and Geomys specifying the terms of the Service to be provided to You by Geomys.
“Subscription” means the type of subscription package that you have purchased for access to the Service provided by Geomys as set forth under your Account.
“Subscription Start Date” means the date on which your Subscription and billing cycle commences.
“Subscription Term” means the term and duration of your Subscription, including any renewal term, during which You are permitted to use the Service.

3. Your Account. To access some features of the Service, You must register for an Account. When You register for an Account, You may be required to provide us with some information about Yourself (such as Your name and e-mail address). You agree that the information You provide to us is accurate, current, and complete, and that You will keep it up-to-date at all times. When You register, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your Account and any verification code and/or password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under Your Account. If You have reason to believe that Your Account is no longer secure, You must immediately notify us at fips140@geomys.org.. Geomys will not be liable and You may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Geomys or a third party arising from someone else using Your Account due to Your conduct regardless of whether You have notified us of such unauthorized use. You understand and agree that we may require You to provide information that may be used to confirm Your identity and help ensure the security of Your Account.

4. Ownership; Intellectual Property. Geomys retains all rights and ownership in and to the Service and the content thereof (including all Intellectual Property rights therein). “Intellectual Property” shall refer to all types of intellectual property, including but not limited to copyright interests, patent interests, mask work rights, moral rights, trade secret rights, trademark rights, and other intellectual property and proprietary rights recognized in any country or jurisdiction in the world. We always appreciate suggestions for enhancements and new features and functionality in our Service (“Feedback”), but if You communicate Feedback to us in any way, You hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing You anything.

5. Consent to Receive Communications. By using the Service, You agree and consent to be contacted by, and to receive and accept communications from Geomys and authorized partners via email(s). By consenting to being contacted, You understand and agree that You may receive communications sent by or on behalf of Geomys on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your Account, (2) communications provided as part of the Service, including our newsletter; and (3) Account verification communications.

6. Prohibited Usages. Use of our Service in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give You an idea of the sorts of things that are not allowed):

Further, You agree that You will not use the Service in any way that would violate any laws, infringe on any rights of others (including, without limitation, intellectual property rights or otherwise create liability for Geomys.

7. Disclaimer of Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY GEOMYS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. GEOMYS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. GEOMYS DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GEOMYS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

8. Limitation of Liability. IN NO EVENT SHALL GEOMYS’ TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. IN NO EVENT SHALL GEOMYS OR ANY OF OUR AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OUR SERVICE, EVEN IF WE AND/OR OUR LICENSORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification. You are responsible for Your use of the Service, and You agree to defend (a Geomys’ option), indemnify, and hold harmless Geomys and its agents, successors, and assigns, officers, directors, employees, contractors, consultants, investors, and service providers from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; or (ii) Your violation of any third-party right, including any Intellectual Property right or publicity, confidentiality, other property or privacy right.

Geomys reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations) and You agree to cooperate with our defense of that claim. If the defense or settlement is assumed by You, Geomys may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that You are defending on behalf of Geomys without Geomys’ prior written consent.

This provision does not require You to indemnify Geomys for any unconscionable commercial practice by such Geomys, or for Geomys’ gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

You agree that the provisions in this Section 9 will survive any termination of Your Subscription and Your access to the Service.

10. Confidentiality. You acknowledge and agree that when using the Service, You may have direct or indirect access or exposure to Geomys’ confidential information ("Confidential Information"). Confidential Information includes Geomys information, identities, qualifications, general characteristics, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Geomys designates as being proprietary or confidential or that You should reasonably know to treat as confidential.

Without limiting any other or additional obligations of confidentiality, You acknowledge and agree that: (i) all Geomys Confidential Information shall remain the exclusive property of Geomys; (ii) You shall not use Confidential Information for any purpose except in furtherance of Your use of the Service; (iii) You shall not disclose Confidential Information to any third party; and (iv) You shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of Your use of the Service or at Geomys’ request. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain through no action or omission by You; (ii) was possessed by You prior to Your use of the Service without an obligation of confidentiality; or (iii) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.

11. Links to third-party websites. If the newsletter provides links to third-party websites, it does not imply that we endorse these websites or their products or services. We will not be held liable or accept any responsibility for the content, use, or availability of third-party websites that we may share in the newsletter. The use of said links is at the user’s own risk. We cannot be held accountable or responsible for any information provided on third-party websites.

12. General Terms

12.1. Governing Law. These Terms are governed by the laws of the State of Delaware. regardless of Your country of origin or where You access the Service, and without regard to conflict of law principles. Nothing in this Section, however, shall be construed to create new or additional substantive rights or obligations for the parties, which otherwise would not be available or applicable to them in their respective place of residence or incorporation.

12.2 Waiver and Severability. if any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The failure of Geomys to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Geomys in writing.

12.3 Headings. Paragraph titles and headings are provided for reference only and do not affect the substantive provisions of this Agreement

12.4 Modifications to the Service. Geomys reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Geomys shall not be liable to You or to any third party for any modification, suspension or discontinuance of the the Service.

12.5 Notices. Geomys may give notice by any means of communication reasonably anticipated to notify You of the information provided. You agree that all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent via first class mail or pre-paid post) or upon dispatching (if sent via electronic communication). Unless a more specific method of notice applies, You may give notice to Geomys and such notice shall be deemed given when received by Geomys by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to Geomys at 9450 SW Gemini Dr PMB 52960, Beaverton, Oregon 97008-7105 US.

12.6 Voluntary Nature of Agreement. You acknowledge and agree that You are executing this Agreement voluntarily and without any duress or undue influence by Geomys or anyone else. You further acknowledge and agree that You have carefully read this Agreement and that You have asked any questions needed for You to understand the terms, consequences, and binding effect of this Agreement and fully understand it. Finally, You agree that You have been provided an opportunity to seek the advice of any attorney of Your choice before signing this Agreement.

12.7 Assignment. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without Your notice or consent. Any purported assignment by You in violation of this section shall be void.

12.8 Term and Termination. These Terms are effective until terminated by You or Geomys as described below. Your rights under these Terms will terminate automatically without notice from Geomys if You fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Geomys may in its sole discretion terminate Your Account or suspend or terminate Your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by closing Your Account and ceasing use of the Service. The sections intended to survive termination survive termination of Your Account or these Terms.

12.9 Entire Agreement. These Terms comprise the entire agreement between You and Geomys and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms. You represent and warrant that You are not relying on any statement or representation not contained in these Terms. Except as permitted herein, no modification or amendment to these Terms will be effective unless in writing and expressly agreed upon by all parties.