Terms and Condition
These Terms of Use were crafted to govern access and use of the services provided by S NODE B.V. The site, simplynode.io, is owned and operated by S NODE B.V. (Netherlans)
These Terms of Use constitute a legally binding agreement between you (referred to as "You" or the "User" of the S NODE B.V. services) and S NODE B.V. (referred to as "We," "Our," "Ours," or "Us" in the Terms of Use). In case of a conflict between these Terms of Use and any written contract between You and Us, the provisions of the written contract shall prevail.
S NODE B.V. has developed, owns, and offers a service that enables internet browsing by redirecting users' communication through other users' devices (referred to as the "System" and the "Service"). This service is available for commercial use under this agreement.
Please carefully read these Terms of Use as they regulate the relationship between You and Us in the course of Your use of this website, the System, and the Services. By using this Site and the System, You agree to be bound by the terms and conditions stated herein. You also declare and warrant that You have full legal authority to enter into these Terms of Use, be legally bound by them, and that You have reached the age of legal majority under the laws or regulations in Your jurisdiction.
Registration and User Account
To access the Services and the System, You must pass registration procedure and create Your Account. The registration procedure involves transferring User data to Us by filling in information in a designated registration form, and it is subject to the Privacy Policy.
By completing the registration procedure on the Site, You agree to use the Services in accordance with these Terms. You also agree to provide Us with accurate and complete registration information. You hereby represent and warrant to S NODE B.V. that You are not:
1. In violation of any Anti-Terrorism Law;
2. Conducting any business or engaging in any transaction with any Prohibited Person;
3. Dealing in or otherwise engaging in any transaction relating to any property blocked pursuant to Executive Order No. 13224;
4. Engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in any Anti-Terrorism Law;
5. A Prohibited Person, nor are any of its partners, members, managers, officers, or directors a Prohibited Person. "Anti-Terrorism Law" is defined as any law related to terrorism, anti-terrorism, money laundering, or anti-money laundering activities, including, without limitation, Executive Order No. 13224 and Title 3 of the USA Patriot Act.
As used herein, "Executive Order No. 13224" refers to Executive Order No. 13224 on Terrorist Financing effective September 24, 2001, relating to "Blocking Property and Prohibiting Transactions With Persons Who Commit, or Support Terrorism." "Prohibited Person" is defined as:
1. A person or entity listed in the Annex to Executive Order 13224;
2. A person or entity with whom You or S NODE B.V. is prohibited from dealing by any Anti-Terrorism Law;
3. A person or entity named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Assets Control and the UK Office of Financial Sanctions Implementation. "USA Patriot Act" is defined as the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001."
Failure to provide accurate information may affect Your use of the Services. For more information about the collection, storage, and transfer of User's Personal Data, please read our Privacy Policy and Cookie Policy.
You are solely responsible for all activity related to access to the Site and/or the Services through Your Account or using Your password, and for the security of Your computer systems. In no event shall We be liable for any loss or damages related to such activity.
Acceptable Use
By using the System, You represent and warrant that You will not use the System in violation of applicable laws or regulations or any third-party rights, including intellectual property rights, or for governmental purposes.
You agree not to use the System to:
1. Distribute cracking, warez, ROM, virus, adware, worms, trojan horses, malware, spyware, or any other similar malicious activities and products;
2. Cause any network resource to be unavailable to its intended users, including via "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attack;
3. Distribute any unlawful content or encourage any unlawful activity;
4. Cause any damage or service disruption to any third-party computers or service.
S NODE B.V. Right to Inspect and Suspend Account and Services
S NODE B.V. has the right, but not the obligation, to monitor Client's use of the System for billing purposes and to verify misuse or network abuse. S NODE B.V. may share the User's relevant information with any authority in case of a complaint or lawsuit, if S NODE B.V. determines that it is necessary to comply with the law, regulation, or court order.
S NODE B.V. may, at its sole discretion and at any time, suspend User's right to access or use the System immediately upon notice to User, if S NODE B.V. determines that:
1. User's use of or registration for the Service poses a security risk to the System or any third party, may adversely impact the System or any other S NODE B.V. customer, is in breach under any applicable laws or regulations, may be fraudulent, or may disparage or devalue S NODE B.V.'s reputation or goodwill; or
2. User is in breach of this Agreement, including if User is delinquent on payment obligations, fails to comply with providing true and accurate information requested by S NODE B.V. during the registration process, or is subject to S NODE B.V. periodic KYC requests.
Fees and Payments
To maintain constant access to the System, You should subscribe to our free annual Subscriptions and buy necessary data traffic amount (in GB). Data traffic has expiration term 12 month from the date of purchase.
You may be eligible for a refund if you meet the following conditions:
1. You have bought the product via our self-service;
2. Your payment was not made with cryptocurrency;
3. You requested the refund within 14 days of the original purchase date;
4. You have not used more than 20% of your purchased data traffic or 1 GB, whichever is reached first.
Intellectual property rights
You acknowledge that all rights in and to the Site and its content, including visual interface, graphics, design, text materials, compilations, computer code, software and all other elements of the Site are and shall remain Our sole property and is protected by intellectual property laws.
Except as expressly stated herein, these Terms do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site, and the System.
We confirm that We have all the rights in relation to the Site and the System that are necessary to grant all the rights We purport to grant under, and in accordance with these Terms.
Third Party Applications
The User may be able to access certain third-party links, applications, content, services or activities (“Third-Party Applications”) via our Services. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
Modification of the Site and the System
We may from time to time modify, alternate or change design, functionality or information contained on the Site at Our own discretion without any prior notice to You.
Termination
We reserve the right in any time without liability to You at Our sole discretion to limit, suspend or revoke Your access to the System in case of any breach of these Terms of use or any other written Agreement between You and Us.
Warranty, Disclaimer and Limitation of liability
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE OR LEGAL DOCUMENTS AT THIS SITE, NEITHER WE NOR OUR LICENSEES, VENDORS, AGENTS, AFFILIATES MAKE ANY SPECIFIC PROMISES, WARRANTIES, OR REPRESENTATIONS ABOUT THE SITE.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. S NODE B.V. DOES NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE RESULTS OBTAINED BY USING SITE AND SERVICES, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, ACCURACY, OR ABILITY TO MEET YOUR NEEDS.
WE DO NOT WARRANT THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
S NODE B.V. IS PROVIDING THE USE OF THE SYSTEM ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE CONDITION, VALUE, OR QUALITY OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. S NODE B.V. FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
S NODE B.V. AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
UNDER NO CIRCUMSTANCES SHALL WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Changes to Terms
S NODE B.V. reserves the right to modify or revise these Terms at any time. You are responsible for regularly reviewing these Terms.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Services. The Terms of Use constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms of Use without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms of Use and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms of Use. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
Contact Us
Questions regarding legal and copyright issues are to be sent to support@simplynode.io