This document contains the complete list of definitions applicable to all other sections of the DithX legal
document series. These definitions are intended to minimise any form of interpretation and to provide legal
clarity in an international context.
1.1 'Application'
The digital environment known as 'DithX', including but not limited to all software, source code, object
code, front-end, back-end, APIs, databases, graphical elements, user interfaces, documentation, manuals,
updates, patches, and all technical, functional, visual and interactive components, regardless of whether
they are delivered via a web browser, mobile app, desktop software or any other method of distribution.
1.2 'Operator'
The natural or legal person holding copyright, ownership rights, and management control over the
Application, including but not limited to its shareholders, directors, employees, representatives, agents,
contractors, subcontractors, partners, suppliers, licensors, hosting providers, network security providers
(including but not limited to Cloudflare), open-source authors, and all directly or indirectly involved
third parties. The term also includes future legal successors or acquiring entities.
1.3 'User'
Any natural or legal person, regardless of location, nationality, age or legal form, who visits, accesses,
loads, installs, uses, tests, or otherwise interacts with any part of the Application. This also includes
visitors with only temporary access and parties using the Application through automated systems or via
third parties.
1.4 'Terms of Use'
The entirety of legal provisions, statements, clauses, and policies applicable to the use of the
Application, as described in this document series. This includes but is not limited to: the legal
disclaimer, privacy statement, licence terms, restrictions, indemnity clauses, and all applicable annexes.
1.5 'Third Parties'
All parties, natural or legal persons, who do not fall under the definition of 'Operator' or 'User', but
who may in any way be involved in the operation of the Application. This may include, among others:
technical suppliers, content providers, network providers, payment systems (if applicable), and
regulators.
1.6 'Content'
All data, images, texts, graphics, multimedia, audiovisual material, code, algorithms, settings, and other
forms of digital information uploaded, processed, generated, displayed, or distributed through the
Application. This includes both content provided by the user and results generated by the Application.
1.7 'Intellectual Property
Rights'
All copyrights, database rights, trademark rights, design rights, patents, trade secrets, know-how, and
other intellectual property rights applicable to the Application and the works derived therefrom, whether
registered or unregistered, including international registrations and applications.
1.8 'Misuse'
Any act or omission in violation of the Terms of Use, applicable laws or regulations, or generally
accepted ethical and technical standards, including but not limited to: the distribution of malicious
software, conducting denial-of-service attacks, infringing copyrights, or using the Application for
criminal purposes.
1.9 'International
Law'
All binding treaties, conventions, directives, and private international law that are in force at any time
and relevant to the use of the Application, including but not limited to: the Convention on Cybercrime
(Budapest 2001), the General Data Protection Regulation (EU 2016/679), the e-Commerce Directive
(2000/31/EC), the Digital Services Act (EU 2022/2065), the United Nations Convention on Contracts for the
International Sale of Goods (CISG) – unless excluded – and WIPO treaties.
1.10 'Indemnity'
A contractual obligation whereby the user undertakes to protect and hold harmless the Operator and all
involved third parties against, and to indemnify them for, any and all claims, damages, losses, costs, and
legal proceedings arising from or related to the user's use of the Application. This indemnity includes,
but is not limited to, third-party claims for (alleged) infringement of intellectual property rights,
tort, or breach of any law or agreement by the user.