Terms of Use

opeNode Agreement

By signing up for opeNode, you are agreeing to be bound by the following terms and conditions (the “Agreement”).

By signing up, you hereby agree to the Agreement.

1. opeNode Services

In exchange for your payment of the applicable subscription fee, you may request opeNode services, as described on our website at http://www.opeNode.io/. We will provide the opeNode services in accordance with this Agreement and the other terms and conditions described on our website at http://www.openode.io/.

2. opeNode Account

To become a customer, you must complete an email address, password, and any other information indicated as required. We may reject any order form or application for an account for any reason, in our sole discretion. You acknowledge that we will use the email address provided by you as the primary method for communication. You are responsible for keeping your account password secure. We cannot and will not be liable for any loss or damage arising from any failure to maintain the security of the account and password.

If you place an order and sign up for an account on behalf of your employer, your employer will be deemed to be the customer for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each customer is responsible for assuring that its employees, agents and subcontractors comply with this Agreement.

3. Hosting Services and Support

At opeNode, we do our best that the opeNode are done under safe and reliable conditions. We are however not responsible of any kind of loss of data due to the application execution itself.

We always do our best to respond to support queries. However, the provided opeNode services, unless clearly stated, does not include that we do the configuration of your specific opeNode Services. The customer must do it by himself first by following the documentation available on opeNode.

4. Fees

You will pay a fee for your subscription as specified in your opeNode order form, depending on thead service plan you select. Fees are based on the subscription term. Fees paid are non-refundable. Extra fees might be applied when the consumption exceeds the limit of the selected plan.

5. Termination

Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written or electronic notice. Upon termination of this Agreement, all rights granted to you hereunder will immediately cease, including but not limited to the right to access the Account, unless otherwise determined in our sole discretion.

6. Intellectual Property Rights

You agree not to provide us with any confidential or proprietary information. Each party acknowledges and agrees that the other party may freely use and otherwise commercially exploit any ideas, feedback or suggestions provided by it to the other party.

7. Disclaimers and Limitation of Liability of Warranty

THE SERVICES ARE PROVIDED “AS-IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER PARTY WILL HAVE ANY LIABILITY WITH RESPECT TO THE SERVICES OR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSSES OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THE SERVICES. IN ANY EVENT, EACH PARTY’S LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. General Provisions

This Agreement sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof. We reserve the right to update and change the Agreement prospectively by posting updates and changes at http://www.openode.io/. You are advised to check the Agreement from time to time for any updates or changes that may impact you. If a significant change is made, we will provide reasonable notice by email and an opportunity to terminate this Agreement if you do not agree with the change.

The parties to this Agreement are independent contractors. Neither party is an agent, representative or related entity of the other party. Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the parties to this Agreement. This Agreement does not restrict either party from entering into similar arrangements with others. Each party understands that the other party may now or in the future be involved in developing or providing competitive products or services. Neither party is liability for any failure or delay caused by any circumstance or event beyond its reasonable control.