Effective date: May 1, 2023.
The platform accessible through the Nodeio.xyz domain name (the “Platform”) is provided by Nodeio INC. (hereinafter referred to as “us”, “we” or the “Company”), a U.S. C Corp with registered address at 5261 Red Flower Ln, South Lebanon, OH 45065. You may contact us by sending an email to hello@Nodeio.xyz.
2. Purpose of the Platform
The purpose of the Platform is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of online forms—the “Nodeios”— interacting with our platform (the API), and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
The Platform is not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 16 years old to access and use the Platform and use the Services. If you are between 14 and 16 years old, you may only use the Platform under the supervision of a parent or legal guardian.
3. Information available on the Platform
We make our best efforts to ensure that all general and business information available on the Platform is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included on the Platform. However, you acknowledge and accept that all data available on the Platform is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. We recommend you that you search from time to time for updates of, or amendments to, the contents of the Platform.
4. Your use of the Platform
You must use the Platform complying with law and public order. In particular, you undertake to not use the Platform to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Platform or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Platform or the Services.
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Platform in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
6. Limitation of liability
We make our best efforts to ensure that the Platform is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Platform will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
-Technical errors preventing a regular use of the Platform and caused by force majeure circumstances, acts of God, or otherwise;
-Maintenance works impacting the availability and access of the Platform;
-Damages based on the contents of the Platform;
-Wrongful use of the Platform, or use contrary to the law, these ToU, or any other agreement between you and the Company;
-Unauthorized third party access to the Platform or the Services;
-Conflicts that arise between you and other users of the Platform; or
-Contents uploaded by you to the Platform.
7. Intellectual property
All works, trademarks, software, or other contents and creations displayed on the Platform or otherwise provided or made available by us through the Platform or the Services are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Platform and/or the Services under the terms and conditions described in these ToU. Therefore, except when authorized in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
9. Links to third parties’ webpages
We are not liable for webPlatforms and contents provided by third parties that are linked or embedded in the Platform or the Services, either as advertisement banners or otherwise included in any of the Platform’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked webPlatforms, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and webPlatforms, and that you are responsible for reviewing and accepting them.
10. Amendments to the Platform
We may update, delete, amend or modify the Services, the Platform, and the information provided through the Platform from time to time. Likewise, we may delete access to the Services or the Platform from time to time, by providing prior reasonable notice.
11. Governing law and dispute resolution
The rights and obligations of the parties under these ToU shall be governed by United States of America law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.