Bitnoder.com’s Terms of Service

1. Purpose

These Terms of Service ("Terms," "Terms of Service") govern your relationship with Bitnoder.com website (the "Service", „Site”) operated by Bitnoder Inc. ("us," "we," or "our"). Bitnoder is a blockchain node hosting and monitoring platform. By accessing or using the Service or clicking a button or checking a box marked "I Agree," you indicate that you have read, understood, and agree to be bound by these Terms of Service, and to the collection and use of your information as outlined in the Bitnoder Privacy Policy. These Terms apply to all visitors, users, and others who register for or otherwise access or use the Service ("You", “User”, “Users”). Certain services may be subject to additional terms and conditions specified by us, and your use of such services is subject to those additional terms and conditions. By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences.

Bitnoder is not a cryptocurrency exchange. We do not endorse or recommend any particular digital asset, transaction, or purchasing strategy. No Content on the Bitnoder website nor communications with company personnel constitutes purchase or investment advice. Independent advice should be sought where appropriate. You acknowledge and agree that all transaction decisions are made solely by you, and Bitnoder bears no responsibility or liability for the outcome of your decisions.

2. Definitions

“Account Information” means information about you that you provide to us in connection with the creation or administration of your Account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Account.

“API” means an application program interface.

“Content” means data, text, source code, files, software, processes, interfaces, settings, media, or other information for storage, hosting, or processing by the Services or images and any documentation we offer for the Services. Content also means all media, images, folders, data, text, and other types of works you as a User will host on the Services.

“Documentation” means the manuals, specifications, and other materials describing the functionality, features, and operating characteristics, and use of the Site and Nodes.

“Fees” means the fees we charge for your access to and use of the Services, on a per Node per month basis.

“Node” means an individual database instance in a blockchain containing a copy of the full ledger of such database, and capable of validating transactions within such database.

“Third-Party Content” means Content made available to you by any third-party on the Site or in conjunction with the Services.

3. Terms of the Agreement

   1. Services

Bitnoder offers a number of products (each a “Service”). Services are accessed through the Site, unless otherwise agreed in writing or otherwise offered. The Service allows you to host and monitor Nodes, through the medium of the Bitnoder platform. To access the hosting or monitoring functionalities of the Service, you must register to create an account.

Subject to these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for your personal use only and as permitted by the features of the Service. You are prohibited from using Bitnoder for any illegal or fraudulent purposes or for the purpose of concluding transactions for any other parties. Bitnoder may terminate this license at any time for any reason or no reason.

With the User account you will be able to:

• control your or other entity’s digital assets;

• provide your wallet address;

• use the LND Manage CLI Tool;

• generate QR Codes for connecting wallets;

• manage VPN and Tor remote access;

• promptly update your account information with any changes that may occur.

1. 2. Change of Service

At our sole discretion, we reserve the right to modify, discontinue, replace, temporarily or permanently the Service or its parts at any time with or without notice. What constitutes a change will be determined at our sole discretion. You agree that Bitnoder will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain Your account for any period of time beyond what may be required by applicable law.

1. 3. Third-Party Services

In certain Services, Third-Party Content may be used by you at your election. Third-Party Content is governed by these Terms of Service and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges. When you use our Services, you may also be using the services of one or more third-parties. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third-parties. We are not responsible for losing access to those services or software, changes to them that make other services meaningless or unnecessary, or if any of the changes result in parts or complete losses.

1. 4. Acceptance

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox), use or access a Services (the “Date”). These Terms do not have to be signed in order to be binding.

If you are accepting on behalf of your employer or another entity, you represent and warrant that:

• you have full legal authority to bind your employer or such entity to this Agreement;

• you have read and understand these Terms of Service;

• you agree to this Agreement on behalf of the party that you represent.

If you don’t have the legal authority to bind your employer or the applicable entity, please do not click “I agree” (or similar button or checkbox) that is presented to you.

1. 5. Term

We may offer you the ability to purchase subscriptions via the Site. By purchasing the subscription you are agreeing to those terms. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

1. 6. Disclaimer

The Services are not an exchange for buying, selling, or trading digital or virtual currency or assets (an “Exchange”), and Bitnoder is not a bank or other financial institution. The Services do not and cannot sell, hold, invest, send or receive money or cause or effect any digital or virtual currency or asset transactions.

1. 7. Changes to the Terms

As we add new features, we may revise or supplement these Terms of Service. We will provide you with advance notice of material revisions to these Terms of Service. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other Users of the Services. Your continued use of the Services after the revision or the supplement constitutes your acceptance of these Terms of Service, as amended.

1. 8. Additional terms

Certain features of the Services may be subject to additional terms (“Supplement”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Supplements before using the features of the Services to which they apply. Unless otherwise specified in the Supplements, all additional terms are incorporated into these Terms of Service. If you do not agree to the Supplements, then you may not use the Services to which they relate. These Terms of Service and the Supplements apply equally but, if any additional term is inconsistent with any provision, the additional term will prevail for the Services to which the additional terms apply.

4. Customer rights and responsibilities

   1. User registration

To use the Services, you may be required to register for an account on the Services (an “Account”). To register an Account, you may be required to enter personal information such as your first name and email address (collectively, “Account Information”).

When creating your Account, you must provide accurate and complete Account Information, and you must keep this information up to date. Your access to the Service and the limits that apply to your use of the Service may be altered as a result of information collected about you on an ongoing basis.

1. 2. Your Account

Your Account gives you access to the Service and any other functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.

By providing us your email address, you consent to our using your email to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and newsletters. If you do not want to receive such email messages, you may opt-out by clicking "unsubscribe" or something similar in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, updates to our services, and other offers.

1. 3. Your Security and Backup

Except to the extent caused by our breach of these Terms of Service, (a) you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third-party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your Account.

You agree to keep your password confidential and will be responsible for all use of your account and password. You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup your Accounts and your Content in a manner that will provide appropriate security and protection, which might include use of encryption.

To the extent we provide you with log-in credentials (password, private keys, admin macaroon, etc.) and API authentication generated by the Services, such log-in credentials and API authentication are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

1. 1. 1. Private Keys

You acknowledge that you have sole and exclusive control over any and all private cryptographic keys created and controlled by you through the Services (“Private Keys”), and that Bitnoder is unable to access or discover your Private Keys and unable to replace them in the event of their loss or theft. You further acknowledge and agree that you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorized Devices”).

Bitnoder shall not be responsible for your acts or the acts of any third-party with respect to the Private Keys or Authorized Devices and you shall not, under any circumstances, provide or make available to Bitnoder any of the Private Keys.

Bitnoder cannot and will not restore or attempt to restore your log-in credentials and or your Private Keys. You agree that you have the knowledge and skills to operate the Services, and you agree that Bitnoder is not responsible for any losses arising from negligence or incompetence.

1. 4. Your Use

      1. Notices and Restrictions

The Services may contain Content specifically provided by us, our partners or our Users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

1. 1. 2. Use License

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third-party right.

1. 1. 3. Third-Party Materials

In connection with the Services, Bitnoder may use, or may provide you with access to, hardware devices, software, source code or other technology licensed to Bitnoder from third-parties, and which may be owned by such third-parties (collectively, “Third-Party Materials”). You acknowledge and agree that Bitnoder does not make any warranties or guarantees regarding Third-Party Materials and is not responsible for the operation or failure of any Third-Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third-Party Materials. You further acknowledge and agree that any Authorized Devices are each subject to their own terms and conditions separate. You agree to waive any claim against Bitnoder with respect to such Third-Party Materials.

1. 5. Restrictions on Use

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not:

• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;

• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

• bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);

• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

• harvest or scrape any Content from the Services;

• otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly):

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;

• modify, translate, or otherwise create derivative works of any part of the Services;

• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

5. Bitnoder rights and responsibilities

   1. Noncustodial agreement

Bitnoder is a noncustodial platform. This means that the Site does not keep backups or copies of your passwords, seed phrases, or any other material that would allow access to our Users funds. Because of this, in no way can we assist in the event of losing a seed phrase or losing a password to a Service. By using the Site, you agree to keep full copies of all sensitive material in case of any kind of failure, regardless of the type of failure. The Site take no responsibility for your losing any of these materials, and you hereby releases and hold harmless Bitnoder from any liability resulting from loss.

1. 2. Availability of Content

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

1. 3. Site management

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Service and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities

We reserve the right to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without limitation, notice, or liability and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

6. Use and restriction of the Services

   1. System Availability

      1. Service Level Commitment

Bitnoder commits to provide 99.5% uptime with respect to the Services during each calendar month of the Term, excluding regular maintenance times.

If in any calendar month this uptime commitment is not met by Bitnoder and you were negatively impacted, Bitnoder shall provide, as the sole and exclusive remedy, a credit note equal to 50% of a monthly fee for the use of the Services.

1. 1. 2. Scheduled and Unscheduled Maintenance

Scheduled maintenance times does not count as downtime. Unscheduled Maintenance will be counted against the uptime guarantee unless such maintenance is preformed when it’s necessary to ensure a higher level of security and stability of the Services.

Maintenance time is scheduled if it is communicated with you, by email or thru notification on the site at least two full business days in advance of the maintenance time. All other Maintenance is regarded as unscheduled.

1. 2. Modifications

We reserve the right to modify the Site, the Services or Nodes from time to time by adding, deleting, or modifying features to improve the user experience or for other business purposes. We further reserve the right to discontinue any feature of the Site, the Services or Nodes or portion thereof at any time during the Term at our sole and reasonable discretion, including, without limitation, discontinuing support for any digital asset.

You acknowledge and accept the risks of operating changes to digital asset protocols and agree that we are not responsible for such operating changes and not liable for any loss of value or missed rewards you may experience as a result of such changes in operating rules. You acknowledge and accept that we have sole discretion to determine the response to any operating change and that we have no responsibility to assist you with unsupported assets or protocols. We will try to give you notice when we make a material change that would adversely affect you, but this may not be practical.

1. 3. Service Levels and Support

      1. General support

During the Term, Bitnoder, or our contractors, shall host the Services, periodically monitor them to optimize performance thereof, and shall use commercially reasonable efforts to minimize any downtime, other than for scheduled maintenance or downtime caused by reasons beyond our reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, fire, flood, strike or other labour disturbance, unavailability of or interruption or delay in telecommunications or third-party services, or virus attacks or hackers

1. 1. 2. Technical support

We provide technical support for issues related to functionality of any Service. Our technical support is available for all Users and is provided on an as-is, as available basis. We cannot guarantee that inquiries will be handled within any statistical average time.

If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform to address your technical support issue may affect the functionality of your Services. It is your responsibility to ensure that the Services are configured to your needs once we complete work on your request.

1. 1. 3. Scope of free technical support

The provision of free technical support is subject to limitations. Each User is entitled to up to 2 hours a month of free support on issues and problems related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services.

If your request for free technical support exceeds the hours provided to you or it is outside the scope mentioned above, we reserve the right to deny service related to such request. We may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

1. 1. 4. Waiver

To the maximum extent applicable under national law and without affecting your rights as a User, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these Terms of Service. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

1. 4. Limiting API Requests

      1. Generally

We may suspend Your right to access or use any portion or all of the Services immediately upon notice to you if we determine:

• Your use of the Services

  • poses a security risk to the Services or any third-party

  • could adversely impact our systems, the Services or the systems of any other user

  • could subject us, our affiliates, or any third-party to liability

  • could be fraudulent;

• you are, or any User is, in breach of these Terms of Service;

• you are in breach of your payment obligations and such breach continues for 30 days or longer;

1. 1. 2. Effect of Suspension

If we suspend your right to access or use any portion or all of the Services you remain responsible for all Fees and charges you incur during the period of suspension and you will not be entitled to any Service credits for any period of suspension.

1. 1. 3. Limiting API Requests.

If applicable to a particular Service, we retain sole discretion to limit your usage of the Services (including without limitation by limiting the number of API requests you may submit (“API Requests”)) at any time if your usage of the Services exceeds the applicable threshold for your plan of Service.

7. Proprietary Rights

   1. Bitnoder Materials

The Content hosted on the Services, the Site and Nodes may be owned by us or licensed to us by third-parties. You have no rights in or to the Content and will not use the Content except as permitted under these Terms of Service. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

1. 2. Suggestions/Feedback

You grant us and our Affiliates a royalty free, worldwide, perpetual, irrevocable, transferable right to use, modify, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you or any Users related to the operation or functionality of the Services.

1. 3. Trademark

The trademarks, service marks, and logos used and displayed on the Site may be registered and/or unregistered trademarks or service marks of ours or of our licensors (collectively, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.

8. Privacy and Information

   1. Confidentiality

      1. Definition of Confidential Information

“Confidential​ Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

1. 1. 2. Exceptions

Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third-party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

1. 1. 3. Protection of Confidential Information

As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care).

Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under these Terms of Service, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law.

Notwithstanding the foregoing, we may disclose any applicable information to a subcontractor or Third-party Developer to the extent necessary to perform our obligations.

1. 1. 4. Compelled Disclosure

The​ Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

1. 2. Privacy

Bitnoder provides a variety of web hosting products and related services to its international customer base. It is our policy to respect and protect our customers’ privacy. This privacy section begins applying to visitors and Users as soon as they visit our Site.

Bitnoder main goal is to offer secure and anonymous Node hosting thru a web hosting offering. We as a company believe in the free and unrestricted flow of goods and money, and as such we strive to give you maximum freedom, with minimum strings attached.

1. 1. 1. Anonymity

We have chosen Bitcoin as our main and only payment method as to guarantee your privacy is protected. The only personal information we need and collect is an email address, which we use to contact you regarding your account (support, billing, etc.) and support-related purposes. We do not require you to enter any personal details.

1. 1. 2. Website Visitors

We collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request, for the purpose to better understand how our visitors use its website.

1. 1. 3. Gathering of Personally-Identifying Information

The nature of some cases requires to gather personally-identifying information. The amount and type of information that we gathers depends on the nature of the interaction. In each case, Bitnoder collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction. Bitnoder does not disclose personally-identifying information other than as described below.

1. 1. 4. Protection of Certain Personally-Identifying Information

Bitnoder discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Bitnoder’s behalf or to provide services available to Bitnoder’s users, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using Bitnoder’s products and services, you consent to the transfer of such information to them.

Bitnoder will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Bitnoder discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request.

1. 1. 5. Marketing e-mails

If you have supplied your email address and you have given your explicit consent, we may occasionally send you an email to tell you about new products or services, solicit your feedback, inform you of an outage or interruption in service, or just keep you up to date with what’s going on with our products and services. We primarily use our blog, forums, Twitter, Facebook account, and similar presences to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or through our billing system), we reserve the right to publish it (with personally identifiable information removed as necessary) in order to help us clarify or respond to your request or to help us support other customers.

1. 1. 6. Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Bitnoder uses cookies to help identify and track visitors, their usage of the website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website or using its products or services, with the drawback that certain features of the websites, products, and services may not function properly without the aid of cookies.

9. Invoices and Payment

   1. Payment method

The primary and only payment method is Bitcoin. All other payment methods (Bank cards, wire transfer, etc.) can be accepted at our express discretion only by exception in unusual case. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges or fees at the prices then in effect for your purchases.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

1. 2. Purchasing Nodes subscriptions

You or your Users may purchase any number of Nodes subscriptions to be developed, launched, and managed. Fees are based on a per Node per month subscription, as set forth on our price list.

1. 3. Recurring Payments

Unless otherwise provided in your order, at the time of your first purchase on the Site, you will be required to provide valid payment information. Unless otherwise provided in an order, by purchasing a subscription to a Node, you acknowledge and agree that each Node has an initial and recurring payment charge at the then-current per Node per month Fee, and you agree that Bitnoder, or its third-party payment processor, may submit monthly charges, unless and until you provide written notice to us that you wish to cancel your subscription. You may cancel a subscription on a per Node basis at any time upon notice to vie email, and the effective date of such cancellation shall be the last day of the month during which you provide such notice. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Bitnoder or its third-party payment processor after the expiration date of your payment card.

1. 4. No Refunds 

Cancellations and Refunds are not offered because they are not possible due to the inherent nature of the blockchain.  All blockchain-based transactions are final and are non-refundable, non-reversible, non-cancellable and non-creditable, except as otherwise provided in these Terms of Service or as required by law. Bitnoder reserves the right to refuse or cancel purchases or sales at any time, in its sole discretion, before completing such purchase or sale.

If you are entitled to a refund of your payment, we reserve the right to refund to you either the exact Bitcoin amount that you provided to us at the time of purchase or an amount of U.S. Dollars that is equivalent to the U.S. Dollar price of the product that you purchased, at our sole and absolute discretion, taking into consideration operational efficiency.

1. 5. Suspension for Non-Payment

In addition to Bitnoder’s other rights and remedies under these Terms of Service and at law, Bitnoder may suspend your access to Services if we are unable to process any payment due to an expired or invalid payment card. We will use commercially reasonable efforts to notify you and provide you an opportunity to provide updated payment card information prior to suspending access.

1. 6. Billing

We do not use third-party payment processors, and all transactions are bill to you directly. If you use exchange or other payment provider to make your purchase, you acknowledge that we are not responsible for error by the exchange or other payment provider, and reserve the right to correct any such errors or mistakes even if payment has already been requested or received.

1. 7. Free Trials and Other Promotions

Any rules, policies, or procedures presented to you in connection with a free trial or promotional offer, shall govern such free trial and promotional offer and shall be incorporated into these Terms of Service. Any free trial or other promotion that provides access to a Service must be used within the specified time of the trial. You must stop using a Service before the end of the trial period in order to avoid being charged for that Service.

10. Tax

Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All Fees payable by you are exclusive taxes unless otherwise noted.

You will pay all Fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If we qualify for a tax exemption, or a reduced treaty withholding rate, we will provide you with reasonable documentary proof. You will provide us reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.

11. Termination and Cancellations

    1. Termination

       1. Termination for Cause

Either party may terminate this Agreement if the other party (a) fails to cure any material breach of this Agreement within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

1. 1. 2. Termination for Convenience

Each Party may terminate this Agreement for any reason by providing you at least 30 days’ written notice.

1. 2. Consequence of termination

All your rights under this Agreement immediately terminate and each party remains responsible for all Fees and charges it has incurred through the Term and are responsible for any Fees and charges it incurs during the post-termination period.

12. Liability and Indemnities

    1. Warranties

       1. Our Warranties

We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Services (but we are not responsible for harmful materials submitted by you or Users).

1. 1. 2. Warranty Remedy

We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Warranty. If we determine corrections to be impracticable, either party may terminate the Agreement. The Warranty will not apply: (i) unless you make a claim within thirty (30) days of the date on which you first noticed the non-conformity, (ii) if the non-conformity was caused by misuse, unauthorized modifications or third-party products, software, services or equipment. Our sole liability, and your sole and exclusive remedy, for any breach of the Warranty are set forth in this Section.

1. 1. 3. Warranty disclaimer

YOU AGREE THAT Bitnoder HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER CONTENT MAINTAINED OR UPLOADED BY THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT Bitnoder RESERVES THE RIGHT TO CHANGE THESE GENERAL PRACTICES AND LIMITS AT ANY TIME, IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.

THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS BITCOIN. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

1. 2. Liability

      1. Limitation of Liability

IN​ NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT USER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS.

1. 1. 2. Exclusion of Consequential and Related Damages.

IN​ NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

13. Communication

All notices and communication will be addressed to the emails set forth on the Site or in the User Account. This correspondence shall be deemed as binding on the Parties. The Parties shall consider all correspondence / statements sent by e-mail as written. Papers, documents and emails received by the Parties before 6:00 pm Eastern European time on the respective business day shall be deemed to have been received on the same day. Papers, documents and emails received by the parties after 06:00 pm on the respective business day are considered to be received on the next business day.

14. Governing Law and Jurisdiction

    1. Informal Resolution

In the event of any controversy or claim arising out of or relating to this Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under this Agreement. All negotiations pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

1. 2. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the applicable laws of the England and Wales. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the courts in England and Wales, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in London, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

1. 3. Injunctive Relief/Enforcement

Notwithstanding the provisions of the above Sections, nothing in this Agreement will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

1. 4. Exclusion of UN Convention

The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement.

15. Miscellaneous

    1. Severability

As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of the Agreement is held to be invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of the Agreement.

1. 2. No Waiver

A waiver of any breach of the Agreement is not deemed a waiver of any other breach.

1. 3. Electronic Signature

Signatures in any electronic form (including email or dedicated signature solutions) are deemed original signatures.

1. 4. Force Majeure

Any delay in performance (other than for the payment of amounts due) caused by conditions beyond the reasonable control of the performing party is not a breach of the Agreement. The time for performance will be extended for a period equal to the duration of the conditions preventing performance.

1. 5. Entire Agreement

The Agreement constitutes the complete and exclusive statement of the agreement between Bitnoder and you in connection with the parties’ business relationship related to the subject matter of the Agreement. All previous representations, discussions, and writings (including any confidentiality agreements) are merged in and superseded by the Agreement and the parties disclaim any reliance on them. The Agreement may be modified solely in writing signed by both parties.