CipherNode (“CipherNode” or, “we”,or “us”) provides validator node management services, empowering validators through a simplified process. Except as otherwise indicated, Users using the Services shall be referred to as “you” or “your”. We provide these Services, subject to the terms of this document (“Terms”).
Your use of the Services or your registration with us constitutes your agreement to these Terms. When you access or use our Website and/or the Services, these Terms shall apply and shall be legally binding on you and to your access and use of the same even if not accepted by you separately. These Terms constitute a binding legal contract required to use our Website and Services. As such, you may only use our Website and Services if you agree to be bound by these Terms. These Terms are independent of any agreement you may have with your Cloud Service Provider or Protocol. We may modify these Terms at any time by posting a revised version of the same www.CipherNode.io , on our website (“Website”), and the amended version of these Terms shall become automatically binding on you if you continue to avail of the Services. The amended terms will be applicable even if not accepted by you separately.
If you do not wish to be bound by the updated Terms, we request you to stop accessing the Website and the Services and to reach out to us to deactivate your User Account. You shall have the responsibility to review these Terms on a regular basis.
Services:
CipherNode agrees to provide management of validator nodes in cloud service providers with access to its node facilities, including
- Validator node deployment and configuration.
- Real-time monitoring and management tools.
- Continuous support and assistance.
- Regular updates and security patches.
- Scalability options to meet evolving needs.
Fees:
- User agrees to pay CipherNode the subscription fees for the use of the validator node management services , as applicable and as published in the website or User account, from time to time.
- Payment for the services shall be made in advance before the commencement of service.
User Responsibilities: User agrees to
- Use the node facilities only for its intended purpose and in accordance with the terms of service of the relevant cloud service provider and CipherNode.
- Comply with all applicable laws and regulations.
- Not engage in any activities that could harm the CipherNode's network or reputation.
- Provide accurate and complete information when registering for the Service.
- Maintain the confidentiality of its account information.
CipherNode Responsibilities:
CipherNode as Infra Service Provider agrees to:
- Provide reasonable uptime and availability of the node facilities.
- Use commercially reasonable efforts to maintain the security and integrity of the node facilities.
- Notify User of any planned maintenance or downtime.
- Periodic technical and network upgradation , run security patches thereby facilitating the validators receive due reward and keep up the network uptime.
- Offer technical support to User in accordance with its support policies.
By utilizing CipherNode hosting services, validators and node operators acknowledge and accept that CipherNode has no role or liability regarding the issuance or management of rewards or incentives offered by the chosen cloud service provider or protocol, as the terms and conditions governing the services and/or distribution of rewards or incentives are exclusively determined by the agreement between the validator and the relevant cloud service provider or protocol.
Cancellation of User Account:
We may, in our sole discretion, suspend the Services, in whole or in part, without liability if:
- You fail to pay the Fees/Charges due and payable to us by the due date or credit term mentioned in the invoice/reminder emails.
- You are in violation of these Terms and/or the Company Policies.
- You fail to reasonably cooperate with our investigation of any suspected breaches of these Terms.
- We reasonably believe that the cloud platform has been accessed or manipulated by a Third Party without your consent or our consent.
- We reasonably believe that suspension of the Services is necessary to protect our environment generally.
- We are obligated to suspend Services pursuant to a subpoena, court order or otherwise as required by Applicable Law or by an order of a Government Authority made in accordance with Applicable Law, whether in writing or by oral communication.
- Your use of or access to the Services poses a security risk to us, the Services or to any Third-Party, or is fraudulent.
- You have ceased to operate in the ordinary course, or made an assignment for the benefit of creditors or effected a similar disposition of assets, or have become the subject of any insolvency, reorganisation, liquidation or similar proceeding.
Users may cancel if the Website materially fails to provide the Services as described in the Terms of Use.
Effects of cancellation:
- On cancellation of Services, we will remove all of your electronically stored data from our facilities, including all User Data and backups, if any, and this shall not give rise to any liability towards you.
- You shall be responsible for taking backup or moving the digital assets out of the network if necessary within the designated timeframe and according to established protocols to ensure data integrity and security.
- You shall remain responsible for all fees and charges till the date of deprovisioning of respective services irrespective of whether you have used them or not.
- You should immediately return or, if instructed by us in writing, destroy all Confidential Information pertaining to us, in your possession.
- All provisions that by their nature are intended to survive any termination of services shall survive.
Changes to Terms:
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Changes to Websites:
We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
User Conduct Guidelines:
The following terms apply to your conduct when accessing or using the Websites/Services
- You agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites.
- You agree not to engage in any activity that would constitute a criminal offence or give rise to a civil liability;
- You agree not to impersonate any person or entity, including, but not limited to, the CipherNode or any CipherNode employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
Intellectual Property Rights:
- All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the "look and feel", layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
- Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
- You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
Disclaimers:
CipherNode DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CipherNode MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Further, CipherNode does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability:
CipherNode and its affiliates, and their respective members, officers, managers, employees, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
Indemnification:
You agree to defend, indemnify and hold harmless the CipherNode , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Websites and/or services by you. CipherNode reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide CipherNode with such cooperation as is reasonably requested by the CipherNode.
General Provisions:
- Governing Law :These terms shall be governed by the laws of the State of Tamil Nadu without regard to its conflict of law provisions.
- Dispute Resolution: In the event of any dispute, claim or controversy arising under, or in relation to these Terms, such dispute shall be resolved amicably by the Parties. If not resolved within a period of 45 days, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The dispute shall be settled by a sole arbitrator to be appointed by the parties to the dispute and the seat of arbitration shall be Coimbatore India. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law.
- Severability: If any part of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Email Communication: You agree that any notices, agreements, disclosures, or other communications that we send to you electronically through email will satisfy any legal communication requirements, including that those communications be in writing. You agree to receive such electronic notices from us, which will be sent by email to the email address then associated with your User Account. You are responsible for ensuring that the email address associated with your Account is accurate and current. Any email notice that we send to that email address will be effective when sent, whether or not you actually receive the email.
- Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
- Assignment. You may not assign, transfer or delegate any of your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without notice or consent.