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TERMS.md

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Terms of Service

Last updated: November 3, 2023

This Terms of Service ("Agreement") is a legal agreement between you ("User" or "you") and NiceNode ("we", "us", or "our"). By accessing or using the NiceNode app or website (the "Services"), you agree to be bound by the terms and conditions of this Agreement, including any additional guidelines and future modifications. If you do not agree to the Agreement, do not use the Services.

1. License Grant

The Services are open source software, and the source code is made available under the terms of the MIT License. You are free to use, modify, and distribute the software in accordance with the license.

2. Age Restrictions

You must be of legal age in your jurisdiction to use the Services. You must also comply with any applicable age restrictions in your jurisdiction.

3. User Content

You are responsible for any content that you upload or post to the Services. You grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content in connection with the Services.

4. Privacy

Your use of the Services is subject to our Privacy Notice, which is incorporated herein by reference.

5. Termination

We may terminate this Agreement and your access to the Services at any time, without notice, for any reason.

6. Disclaimer of Warranties

The Services are provided "as is" and "as available", without any warranties of any kind, either express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

8. Third-Party Software

The Services may utilize third-party software components, libraries, and protocols that are not owned or maintained by us ("Third-Party Components"). While the Services integrate these Third-Party Components for the functionality and convenience they provide, we do not endorse and are not responsible or liable for any defects, errors, or issues that may arise from their use. We make no representations or warranties regarding the reliability, security, or performance of these Third-Party Components.

Users acknowledge that any problems, issues, or liabilities caused by the use of Third-Party Components are governed by the respective third-party terms and policies, and any recourse must be directed towards the third-party providers of those components. Users agree to comply with all applicable third-party terms when using the Services.

9. Protection of Open Source Contributors

Open-source contributors who submit contributions to the Services do so either on a compensated basis, under terms agreed upon separately by us, or on a voluntary and unpaid basis. Contributions may include, but are not limited to, code, documentation, graphics, and suggestions. In recognition of their valuable contributions, the same "Limitation of Liability" outlined in section 7 of this Agreement also extends to protect individual contributors. Neither we nor any of its open-source contributors shall be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses arising out of or in connection with the use or distribution of the contributions or the software.

10. Fees

The Services are provided free of charge.

11. Support and Maintenance

While we strive to provide regular updates and maintain the software for the Services, we and contributors are under no obligation to provide support or maintenance services, and you acknowledge and agree that you use the software at your own risk.

12. Restrictions

You may not use the Services for illegal activities or in a way that violates the terms of the MIT License or this Agreement.

13. Export Compliance

You agree to comply with all applicable export control laws.

14. Indemnification

You agree to indemnify and hold us harmless, and its affiliates, contributors, officers, directors, employees, and agents from any claims, damages, or losses arising from your use of the Services.

15. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Waiver

The failure of us to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision.

17. Compliance with Laws

You are responsible for complying with all applicable laws and regulations in your use of the Services, including but not limited to data protection, privacy, tax laws, securities laws, and any other relevant legislation. We make no representation that the Services are appropriate or available for use in any particular jurisdiction.

Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside our designated jurisdiction, you do so on your own initiative and are responsible for compliance with local laws, including but not limited to export and import regulations. It is your responsibility to ensure that your use of the Services does not contravene local laws, including laws relating to online conduct and acceptable content.

Furthermore, users of the Services are solely responsible for determining what, if any, taxes apply to their transactions. The owners of, or contributors to, the Services are not responsible for determining the taxes that apply to cryptocurrency or other transactions conducted through the Services.

18. Data Backup

You are responsible for backing up your data, and we are not responsible for any loss of data resulting from the use of the Services.

19. Software Updates

Updates will be available on our GitHub repository and may be downloaded upon user consent.

20. Governing Law

This Agreement shall be governed by the laws of our jurisdiction.

21. Changes to this Agreement

We may revise this Agreement at any time. Continued use of the Services means you accept those changes.

22. Contact Us

If you have any questions, please contact us at [email protected].

By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.