1.1 These Terms & Conditions ('Terms') are a contract between you and Nodana ('the Company', 'we', 'us'). They govern your use of the application programming interface (the 'API'), the command line interface tool (the 'CLI') and any associated or connected services, features, content, or applications we offer (collectively, the 'Service').
1.2 IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NODANA. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 'CHOICE OF LAW AND JURISDICTION' WILL APPLY INSTEAD.
1.3 By using Nodana, you agree to these Terms. If you don't agree to any of the Terms, you can't use Nodana. Nodana reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be shared on our Service. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms of Service as modified.
2.1 In order to use our Service a payment in Bitcoin is required over the Lightning network. By making payment for our Service, you confirm that you own the Bitcoin being used as payment and the wallet from which the Bitcoin is being transferred.
2.2 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 our Service.
2.3 All payments are non-refundable.
2.4 Price per month means price per 30 day period and per minute rates are calculated using this 30 day period.
2.5 Charges are rounded to the nearest cent and the minimum charge is $0.01 for running/stopped services and $0.05 for any deleted services.
3.1 You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to: attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service; circumvent, disable, or otherwise interfere with security-related features of the Service; use the Service in a manner inconsistent with any applicable laws or regulations; use the Service as part of any effort to compete with us; Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service. This is by no means a complete or exhaustive list.
3.2 It is also your responsibility to keep safe any credentials that provide access (programatic or otherwise) to the Service or any software that you run on the Service.
4.1 We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
4.2 We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
5.1 THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NODANA MAKES NO GUARANTEE THAT YOUR USE OF THE SERVICE WILL COMPLY WITH ANY APPLICABLE LAW OR REGULATION.
6.1 Nodana won't be liable to you for any damages that arise from your using the Service or any connected or associated services. This includes if the Service or any connected or associated services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special, or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
7.1 Nodana's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Nodana. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
8.1 You may use the Service only if you are 18 years or older and capable of forming a binding contract with Nodana, and not otherwise barred from using the Service under applicable law. By using the Service, you affirm that you are over 18.
9.1 You are responsible for any applicable national, state, local, sales, or use taxes, value-added taxes, or similar taxes or fees payable in connection with your use of the Service. If you do not pay such taxes, you will be responsible for the tax liability if the transaction is later determined to be taxable, and Nodana reserves the right to collect taxes or other fees from you at any time.
10.1 These Terms are governed by United Kingdom Law. You agree that any suit arising from the Service must take place in a court located in the United Kingdom.
11.1 If you have any questions about these Terms or the Service, please get in touch via Nostr in the first instance.
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