NODECONNECT TERMS OF SERVICE

Last Updated: March 2025

1. DEFINITIONS

  • "Agreement" means these Terms of Service
  • "NodeConnect," "we," "us," or "our" means NodeConnect and its affiliates, officers, directors, employees, agents, and representatives
  • "Software" means any software products developed or distributed by NodeConnect
  • "Service" means any services provided by NodeConnect, including but not limited to the Software
  • "User," "you," or "your" means any individual or entity that accesses or uses the Service
  • "Effective Date" means the date you first access or use the Service

2. ACCEPTANCE OF TERMS

By using the NodeConnect software products ("Software") and services ("Service"), you are entering into a legally binding agreement with NodeConnect based on these Terms of Service ("Terms").

  • If you do not agree to these Terms, you must not install, access, or use our Software or Service
  • If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity

3. ACCESS TO THE SERVICE

You must be at least 18 years of age to use our Service. By using our Service, you affirm that you are at least 18 years old.

  • Our Software is not intended for children under 13 years of age or minors without parental consent
  • We reserve the right to refuse service to anyone for any reason at any time

4. USE OF THE SERVICE

You agree to use our Service only for lawful purposes and in accordance with these Terms.

You must not use our Service in any way that is unlawful, or harms us or any other person or entity.

You are responsible for compliance with all applicable export laws and will not export the Software to prohibited countries.

4.4. You agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service
  • Use any robot, spider, or other automatic device to access the Service
  • Introduce any viruses, Trojan horses, worms, or other harmful material
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service
  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation

5. PRIVACY

Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and protect information when you use our Software and Service.

  • As outlined in our Privacy Policy, we only collect basic account information, billing information, and support communication records
  • We do not collect your operational data, business information, analysis results, or any data processed within your environment
  • All data processing occurs within your environment, and we have no access to your operational data
  • By accepting these Terms, you expressly consent to our collection and use of information as described in our Privacy Policy

6. USER RESPONSIBILITIES

You are responsible for your use of the Service and any data you provide, and you must ensure that all data provided is accurate.

  • You are also responsible for maintaining the security of your account credentials and reporting any suspicious activity
  • You must immediately notify NodeConnect of any unauthorized use of your account or any other breach of security
  • NodeConnect will not be liable for any loss or damage arising from your failure to comply with these requirements

7. USER CONDUCT AND RIGHTS

You agree to use our Service responsibly and within the bounds of the law, as well as these Terms.

We reserve the right, at our sole discretion, to terminate or suspend your access to our Service for any reason, including but not limited to, a breach of these Terms, without prior notice.

7.3. You have the right to:

  • Access your personal information
  • Correct inaccurate data
  • Request data deletion
  • Opt-out of communications
  • Export your data

To exercise these rights, please contact us at the email address provided in Section 26.

8. LICENSE SCOPE

8.1. Subject to your compliance with these Terms, NodeConnect grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Deploy and use the Software on authorized platforms
  • Use the Software for its intended purpose as specified in the documentation
  • Process and analyze data within your designated environment

8.2. You may NOT:

  • Copy, modify, or distribute the Software
  • Reverse engineer or decompile the Software
  • Remove or modify any proprietary notices
  • Transfer your license to another party
  • Use the Software outside its designated platform or environment
  • Create derivative works based on the Software
  • Sublicense, rent, or lease the Software

9. INTELLECTUAL PROPERTY RIGHTS

All Software products are licensed, not sold.

  • NodeConnect and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights therein
  • You own all data and results generated through your use of the Software
  • Any feedback or suggestions you provide may be used by us without obligation to compensate you
  • Nothing in these Terms grants you any right, title, or interest in the Service or its content, other than as specified in these Terms

10. DATA SECURITY

10.1. Our Security Measures:

  • Industry-standard encryption protocols
  • Secure data transmission
  • Regular security audits
  • Access controls and authentication

10.2. Your Data Protection:

  • All processing occurs within your environment
  • No access to your operational data
  • No storage of your analysis results
  • Your data remains under your control

While we implement and maintain commercially reasonable security measures, we cannot guarantee absolute security of your information.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NODECONNECT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NODECONNECT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NODECONNECT FOR THE SERVICE DURING THE PERIOD OF 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NodeConnect, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of or inability to use the Service
  • Any user data provided by you
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Your violation of any applicable laws, rules, or regulations

13. PAYMENT AND SUBSCRIPTION

13.1. Fees:

  • Payment is processed through respective platform marketplaces
  • Fees are as specified in your purchase agreement
  • No refunds unless required by law or platform policies

You agree to provide current, complete, and accurate billing information and to promptly update all billing information to keep your account current.

If you dispute any charges, you must notify NodeConnect within thirty (30) days after the date of the disputed charge.

14. SUPPORT AND UPDATES

14.1. Technical Support:

  • Support provided via email: support@nodeconnect.org
  • Support hours: 9 AM - 5 PM IST, Monday-Friday
  • Response times as specified in your service agreement

14.2. Updates:

  • Provided through respective distribution platforms
  • Included during active subscription periods
  • May require acceptance of updated terms

NodeConnect reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.

15. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NODECONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NODECONNECT DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NODECONNECT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. CHANGES TO THE TERMS

  • NodeConnect reserves the right, at its sole discretion, to modify or replace these Terms at any time
  • We will provide notice of any significant changes by posting the new Terms on our Service and/or by sending you an email
  • Your continued use of the Service after the effective date of the new Terms constitutes your acceptance of such changes
  • If you do not agree to the revised Terms, you must stop using the Service

17. GOVERNING LAW AND JURISDICTION

  • This Agreement is governed by and construed in accordance with the laws of India, without regard to its conflict of law principles
  • Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts located in Maharashtra, India
  • You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts

18. DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Mumbai Centre for International Arbitration, which rules are deemed to be incorporated by reference into this clause.

  • The seat of arbitration shall be Mumbai, India
  • The language of the arbitration shall be English
  • The number of arbitrators shall be one

19. COMPLIANCE

19.1. We comply with:

  • GDPR (General Data Protection Regulation)
  • CCPA (California Consumer Privacy Act)
  • Local data protection laws
  • Industry privacy standards

You agree to comply with all applicable laws and regulations in connection with your use of the Service.

20. FORCE MAJEURE

NodeConnect shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failures of telecommunications or Internet service providers.

21. ASSIGNMENT

  • You may not assign or transfer these Terms, by operation of law or otherwise, without NodeConnect's prior written consent
  • Any attempt by you to assign or transfer these Terms without such consent will be null and void
  • NodeConnect may freely assign or transfer these Terms without restriction

22. SEVERABILITY

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

23. WAIVER

  • No waiver by NodeConnect of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition
  • Any failure by NodeConnect to assert a right or provision under these Terms shall not constitute a waiver of such right or provision

24. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and NodeConnect regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

25. SURVIVAL

Sections 9 (Intellectual Property Rights), 11 (Limitation of Liability), 12 (Indemnification), 15 (Warranty Disclaimer), 17 (Governing Law and Jurisdiction), 18 (Dispute Resolution), 22 (Severability), 23 (Waiver), 24 (Entire Agreement), and 25 (Survival) shall survive the termination of these Terms.

26. CONTACT US

For any questions about these Terms, please contact us at support@nodeconnect.org.

BY USING ANY NODECONNECT SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.

Last Updated: March 2025