By accessing our website, creating an account, purchasing, subscribing to, accessing, reselling, integrating with, or otherwise using any NodeMaven services, including proxy, API, dashboard, infrastructure, data-access, account-management, or related services, you agree to be bound by these Terms of Service, all applicable laws and regulations, and you agree that you are solely responsible for compliance with all applicable laws, regulations, third-party rights, platform rules and contractual restrictions applicable to your use of the Services.
Introduction
Last Updated 09/07/2026
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required “legalese”.
Your Acceptance of This Agreement
These terms of service are entered into by and between You and NodeMaven FZ LLC, (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of nodemaven.com, including any content, functionality, and services offered on or through nodemaven.com (the “Website”), whether as a guest or a registered user. We offer NodeMaven services, including access to residential, mobile, ISP, datacenter or other proxy infrastructure, APIs, dashboards, account tools, usage management tools, support services, and related products or features made available by us from time to time (collectively, the “Services”). References in these Terms of Service to the “Website” include, where the context requires, the Services.
Please read the Terms of Service carefully before you start to use the Website.
By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.
You must be at least 18 years old, or the age of legal majority in your jurisdiction, whichever is higher, to create an account, purchase, access or use the Services. The Services are not intended for minors. By accessing or using the Services, you represent and warrant that you have legal capacity to enter into a binding agreement with us and, where you act on behalf of a company or other legal entity, that you are duly authorized to bind that entity.
BY ACCESSING AND USING THIS WEBSITE, YOU:
- ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
- REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND
- AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
Updates to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter.
Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITY CONDUCTED THROUGH YOUR ACCOUNT, API KEYS, CREDENTIALS, ASSIGNED PROXY ACCESS, SUB-USERS, INTEGRATIONS, AUTOMATION TOOLS, SCRIPTS, BOTS, AGENTS, EMPLOYEES, CONTRACTORS, CUSTOMERS, RESELLERS, OR ANY OTHER PERSON OR SYSTEM THAT ACCESSES THE SERVICES THROUGH YOUR ACCOUNT OR ON YOUR BEHALF.
YOU AGREE TO MAINTAIN APPROPRIATE SECURITY CONTROLS OVER YOUR ACCOUNT, CREDENTIALS, API KEYS, SYSTEMS AND INTEGRATIONS, AND TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED ACCESS, CREDENTIAL COMPROMISE, SUSPECTED ABUSE, SECURITY INCIDENT, OR UNLAWFUL USE OF THE SERVICES.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES, INCLUDING ANY DATA COLLECTION, SCRAPING, AUTOMATION, ACCOUNT MANAGEMENT, TESTING, RESEARCH, ADVERTISEMENT VERIFICATION, BRAND PROTECTION, MARKET RESEARCH OR SIMILAR ACTIVITY, COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, THIRD-PARTY RIGHTS, PLATFORM TERMS, ROBOTS.TXT INSTRUCTIONS WHERE APPLICABLE, CONTRACTUAL RESTRICTIONS, PRIVACY REQUIREMENTS AND DATA PROTECTION OBLIGATIONS.
Prohibited Activities and Acceptable Use Policy
You may use the Website and Services only for lawful, legitimate and authorized purposes, and strictly in accordance with these Terms of Service. You may not use, attempt to use, assist, enable, facilitate, resell, sublicense, route traffic for, or permit any third party to use the Website or Services for any prohibited, unlawful, abusive, deceptive, harmful or high-risk activity.
Without limiting the foregoing, you agree not to use the Website or Services, directly or indirectly, for any of the following:
- malware, botnets, command-and-control infrastructure, ransomware, spyware, credential theft, phishing, social engineering, malicious redirects, malicious payload delivery, exploit delivery, unauthorized vulnerability scanning, unauthorized penetration testing, or any other cyberattack or cybercrime activity;
- credential stuffing, password spraying, brute-force attacks, account takeover, session hijacking, unauthorized login attempts, creation or use of fake accounts, automated sign-ups, mass registrations, evasion of platform enforcement, or circumvention of identity verification, fraud detection, rate limits, bans, blocks, CAPTCHAs or similar controls, except where expressly permitted by the relevant platform and applicable law;
- spam, unsolicited communications, illegal marketing, fake engagement, click fraud, ad fraud, affiliate fraud, review manipulation, traffic manipulation, marketplace manipulation, scraping or harvesting of personal data in violation of applicable law or third-party terms, or any activity that infringes intellectual property, privacy, publicity, database, contractual or other rights;
- DDoS attacks, traffic flooding, stress testing, load testing, denial-of-service activity, port scanning, vulnerability scanning, exploit testing, network probing or similar security testing against systems that you do not own or do not have express written authorization to test;
- accessing, collecting, processing, storing or transferring personal data, sensitive data, financial data, health data, children’s data, credentials, authentication tokens or confidential information without all required rights, notices, consents and lawful bases;
- activity involving child sexual abuse material, exploitation of minors, human trafficking, terrorism, extremist activity, illegal gambling, illegal drugs, weapons trafficking, sanctions evasion, money laundering, terrorist financing, fraud, scams, market manipulation, crypto fraud or any other unlawful activity;
- use in, by, for the benefit of, or in connection with any person, entity, wallet, address, service, jurisdiction, country, region or sector subject to sanctions, embargoes, export controls, trade restrictions or similar measures, including any person or entity listed on applicable sanctions lists;
- routing traffic to, from or through compromised devices, infected devices, unauthorized devices, malware-infected devices, botnets, hidden proxy SDKs, undisclosed bandwidth-sharing software, non-consensual residential devices, or any device or network enrolled without clear, informed, lawful and revocable consent of the relevant owner or user;
- reselling, sublicensing, sharing, white-labeling, pooling, brokering or otherwise making the Services available to third parties, including customers, affiliates, sub-users or downstream users, unless expressly authorized by us in writing;
- using the Services in a manner that may expose NodeMaven, its affiliates, suppliers, infrastructure providers, customers, users, payment providers, partners or other third parties to legal, regulatory, cybersecurity, reputational, sanctions, fraud, abuse, platform-enforcement or financial risk;
- interfering with, disrupting, degrading, reverse engineering, benchmarking without authorization, probing, scraping, attacking, bypassing usage limits of, or attempting to gain unauthorized access to the Website, Services, infrastructure, APIs, dashboards, systems, networks, suppliers, or accounts of NodeMaven or any third party; or
- any activity that we determine, in our sole discretion, is unlawful, abusive, harmful, suspicious, high-risk, inconsistent with these Terms of Service, or otherwise inappropriate for the Services.
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Customer Verification, KYC/KYB and Use-Case Review
We may, at any time before or after providing access to the Services, request information and documentation from you to verify your identity, business, beneficial ownership, payment method, source of funds, intended use case, target websites or platforms, compliance controls, authorization to conduct the relevant activity, or any other information reasonably required for legal, regulatory, sanctions, fraud-prevention, cybersecurity, abuse-prevention, payment, tax or risk-management purposes.
You agree to provide complete, accurate, current and non-misleading information promptly upon request. We may refuse onboarding, restrict access, suspend or terminate your account, withhold or cancel orders, deny refunds, block payment methods, block wallets, restrict traffic, or report activity to relevant authorities if you fail to provide requested information, provide false or misleading information, or if we determine that your account, payment method, wallet, use case, traffic, identity, business, jurisdiction, or activity presents unacceptable risk.
You may not conceal your identity, misrepresent your business, use nominee accounts, use third-party payment methods without authorization, create multiple accounts to avoid controls, or attempt to bypass our verification, compliance, risk or abuse-prevention measures.
Monitoring, Logs and Abuse Prevention
To protect the Services, our users, suppliers, partners, infrastructure, payment channels, and third parties, we may monitor, collect, analyze, retain and disclose account information, usage data, technical logs, API activity, proxy session metadata, assigned endpoint information, bandwidth usage, timestamps, authentication events, payment information, wallet information, support communications, abuse complaints, destination metadata, security events, threat indicators and other information reasonably necessary for service delivery, billing, security, fraud prevention, abuse detection, sanctions compliance, law-enforcement cooperation, dispute resolution, legal compliance, and the establishment, exercise or defense of legal claims.
We do not undertake to monitor all activity and we do not guarantee that we will detect, prevent or block all unlawful, abusive or unauthorized activity. However, we reserve the right, in our sole discretion and without prior notice, to investigate, block, throttle, suspend, terminate, restrict, report or preserve any account, traffic, endpoint, wallet, payment method or activity that we believe may violate these Terms of Service, applicable law, third-party rights, platform rules, security standards, sanctions requirements or acceptable-use requirements.
You acknowledge that we may receive and act upon abuse reports, threat intelligence, complaints, requests or notices from third parties, platforms, hosting providers, infrastructure providers, payment processors, cybersecurity researchers, regulators, law-enforcement agencies, rights holders or affected parties.
IP Pool, Suppliers and Network Availability
The Services may rely on infrastructure, IP addresses, connectivity, software, systems, data centers, carriers, suppliers, partners, or other third-party resources. The availability, location, quality, speed, cleanliness, reputation, performance, routing, latency, success rate, compatibility, classification, or continued availability of any IP address, proxy endpoint, ASN, country, city, carrier, network, protocol or feature is not guaranteed.
We may add, remove, replace, rotate, suspend, restrict or discontinue any IP address, proxy endpoint, supplier, network, location, feature, protocol or service at any time where we consider it necessary or appropriate for legal, compliance, security, operational, supplier, abuse-prevention, platform, payment, sanctions or business reasons.
You must not use the Services in a manner that assumes or requires that any specific IP address, endpoint, network, supplier, geolocation, carrier, ASN, device type or classification will remain available.
Lawful IP Sourcing and Network Integrity
NodeMaven is committed to maintaining a lawful, secure and responsible proxy network. To the extent the Services include residential, mobile, ISP, datacenter or other proxy resources obtained from suppliers, partners or third-party infrastructure providers, NodeMaven may require such suppliers, partners and providers to confirm that the relevant resources are lawfully sourced, authorized, malware-free, not derived from botnets, compromised devices, hidden proxy SDKs, undisclosed bandwidth-sharing software or non-consensual device enrollment, and are operated in accordance with applicable law and required user consent.
NodeMaven reserves the right to suspend, remove, replace, restrict, investigate or discontinue any supplier, IP range, proxy endpoint, network, location, carrier, ASN, device category or infrastructure resource where NodeMaven reasonably believes that such resource may present legal, cybersecurity, consent, abuse, sanctions, platform, regulatory, supplier, reputational or operational risk.
Nothing in these Terms of Service shall be construed as a representation or warranty that any particular IP address, proxy endpoint, network, location, supplier, carrier, ASN, classification or device category will remain available, uninterrupted, suitable, accepted by any third-party platform, or free from third-party blocking, restrictions, complaints or enforcement action.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to access and use the Website and Services only in accordance with these Terms of Service, your applicable subscription, order, plan, or written agreement with NodeMaven. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use the Website, Services, or materials available through the Website for any purpose other than as expressly permitted under these Terms of Service, your applicable subscription, order, plan, or written agreement with NodeMaven.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our Rights
We have the right, without notice and without liability, to:
- Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website;
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service;
- suspend, restrict, throttle, block, terminate, investigate, preserve, delete, disable or refuse any account, order, subscription, API key, credential, endpoint, traffic, wallet, payment method, refund request or use case;
- request additional information, documentation, KYC/KYB, sanctions, payment, wallet, source-of-funds, beneficial ownership or use-case information;
- block, blacklist or restrict any customer, user, sub-user, domain, destination, wallet, payment method, ASN, traffic pattern, protocol, endpoint, jurisdiction, use case or category of activity;
- cooperate with, notify, disclose information to, or respond to requests from law-enforcement authorities, regulators, courts, payment processors, banks, infrastructure providers, cybersecurity researchers, affected platforms, rights holders, complainants or other relevant third parties where we believe it is legally required or appropriate to protect our rights, users, services, infrastructure, suppliers, partners, or the public; and
- take any other action we consider necessary or appropriate to protect NodeMaven, its affiliates, suppliers, infrastructure providers, payment providers, partners, users, third parties or the public from unlawful, abusive, fraudulent, harmful, suspicious or high-risk activity.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
Third Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Payment and Fees
You may be required to purchase or pay a fee to access our services. We accept Stripe, Coinbase and BTCPay for all purchases. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company’s sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in EUR or USD or any other agreed upon currency at the Company sole discretion.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
If your purchase is subject to recurring charges, you must keep a valid payment method on file with Company to pay for all incurred and recurring fees. Company will charge applicable fees to any valid payment method that you have provided and you will be invoiced automatically as outlined in the order. You authorize such payment of recurring fees without requiring your prior approval for each recurring charge, until you notify us of your cancellation, or the Company terminates in writing in accordance with these Terms of Service, or until the recurring contract ends, and any and all outstanding fees and charges have been paid in full.
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 the Website. We may refuse, suspend, cancel or reverse any order, subscription, payment, renewal, wallet transaction or refund where we believe the transaction, customer, payment method, wallet, source of funds, jurisdiction, use case or activity may involve fraud, sanctions risk, money laundering, terrorist financing, chargeback abuse, refund abuse, unlawful activity, cybersecurity abuse, breach of these Terms of Service, or unacceptable legal, regulatory, payment or reputational risk.
From time to time, Company may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
If you choose to pay using cryptocurrency via Coinbase or BTCPay, you acknowledge and agree that any refunds for such payments will be made only in USDT (Tether), sent on the Ethereum (ERC-20) or Tron (TRC-20) networks, regardless of the original cryptocurrency or token used at the time of payment. This policy is due to automatic currency conversions performed via third-party providers, and we do not perform reverse conversions to the original cryptocurrency. You are solely responsible for providing a compatible wallet address to receive the USDT refund.
Refunds: Same Payment Method Requirement
All refunds, when applicable, will be processed exclusively to the same payment method and to the same wallet or account used for the original transaction. Refunds to third-party wallets, unrelated accounts, or any destination that does not match the original payer are strictly prohibited.
Exchange Wallet Payments
If the original payment was made through a cryptocurrency exchange (for example, Binance, Bybit, or KuCoin) that does not permit incoming refunds to the originating address, the customer must complete a Refund Verification Procedure. Under this procedure, the customer must provide proof of the original transaction (including the transaction hash), a screenshot from the exchange showing that the payment originated from an account owned by the customer, an Ethereum (ERC-20) or Tron (TRC-20) wallet address belonging to the same customer, and any additional identity verification information requested by the Company. Refunds will not be issued until this verification process is successfully completed, and the Company reserves the right to reject any refund where ownership of the refund destination cannot be conclusively established.
Prohibited Refund Destinations
Refunds cannot and will not be sent to wallets or accounts owned by third parties, wallets unrelated to the original payment, wallets repeatedly appearing in suspected refund-abuse patterns, or wallets flagged for AML, fraud, or suspicious activity. Any such request will be automatically denied.
Currency of Refunds
Cryptocurrency refunds are issued exclusively in USDT Ethereum (ERC-20) or Tron (TRC-20), regardless of the cryptocurrency used for the original payment. If the customer paid using a different cryptocurrency, the verified Ethereum (ERC-20) or Tron (TRC-20) refund wallet must still belong to the same individual who made the initial payment.
Fraud Prevention and Compliance
The Company reserves the right to freeze, deny, or further investigate any refund request that raises AML/CTF concerns, involves mismatched payment and refund wallets, fails the Refund Verification Procedure, or shows indicators of refund-abuse, multi-wallet cycling, or identity manipulation. In such cases, the Company may, at its sole discretion, suspend the user’s account, block associated wallets, or report suspicious activity to relevant authorities.
No Refunds for Misuse or Compliance Holds
Notwithstanding anything to the contrary, you are not entitled to any refund, credit or compensation where your account, order, subscription, traffic, payment method, wallet, use case or activity is suspended, restricted, terminated, frozen or investigated due to suspected or actual breach of these Terms of Service, unlawful activity, abuse, fraud, sanctions risk, AML/CTF concern, chargeback abuse, refund abuse, cybersecurity risk, platform abuse, third-party complaint, law-enforcement request, payment processor request, infrastructure provider request, or any other compliance or risk concern.
Cancellation
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing period.
Subscription purchases are non-refundable, have no monetary value (for example, they are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the subscription.
You may not transfer, sell, purchase, barter, or trade your subscriptions or attempt or offer to do so. Any attempted transfer will be null and void. Except as required by applicable law, we are not responsible for any refunds or credits in connection with any modified, suspended or terminated subscriptions. Cancellation does not affect any accrued rights, payment obligations, indemnities, limitations of liability, compliance obligations, investigation rights, data retention rights, or any obligation that by its nature should survive termination.
Disclaimers, Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL ENABLE YOU TO ACCESS ANY PARTICULAR WEBSITE, PLATFORM, APPLICATION, MARKETPLACE, SERVICE, NETWORK, COUNTRY, CITY, CARRIER, ASN, IP RANGE OR ONLINE RESOURCE, OR THAT THE SERVICES WILL AVOID DETECTION, BLOCKING, RATE LIMITS, CAPTCHAS, BANS, RESTRICTIONS, FRAUD CONTROLS, COMPLIANCE CONTROLS OR OTHER TECHNICAL OR LEGAL MEASURES IMPLEMENTED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS LAWFUL, AUTHORIZED AND COMPLIANT WITH APPLICABLE THIRD-PARTY TERMS AND REQUIREMENTS.
How We Limit Our Liability to You
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE, THE SERVICES, ANY SUBSCRIPTION, ANY ORDER, ANY ACCOUNT, ANY SUSPENSION OR TERMINATION, OR ANY RELATED MATTER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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: (a) your breach of these Terms of Service; (b) your use or misuse of the Website or Services; (c) any activity conducted through your account, credentials, API keys, sub-users, customers, employees, contractors, agents, resellers or integrations; (d) your violation of applicable law, regulation, sanctions, export controls, third-party rights, platform terms, privacy obligations or data protection requirements; (e) fraud, abuse, cybersecurity incidents, unlawful scraping, unauthorized access, credential attacks, spam, malware, botnet activity, phishing, account takeover, DDoS, ad fraud, payment fraud, refund abuse or similar activity associated with your account or use of the Services; (f) any data, content, instructions, traffic, targets, domains, platforms, systems or use cases supplied or initiated by you; or (g) any claim made by a regulator, law-enforcement authority, payment processor, bank, infrastructure provider, platform, rights holder, data subject, customer, supplier or third party in connection with your use of the Website or Services.
Privacy Policy
Your provision of personal information through the Website or Services, and our collection and processing of account information, KYC/KYB information, payment information, wallet information, technical logs, usage data, proxy session metadata, abuse-prevention data, security data and related information, is governed by our Privacy Policy located at nodemaven.com/privacy-policy.
Governing Law
The Website, the Services and these Terms of Service shall be governed by and construed in accordance with the laws of the United Arab Emirates and, to the extent applicable, the laws and regulations applicable in the Emirate of Ras Al Khaimah and the relevant free zone in which NodeMaven FZ LLC is incorporated, without giving effect to any choice or conflict of law provision, principle or rule. Any action or proceeding arising out of or relating to the Website, the Services and/or these Terms of Service shall be instituted before the competent courts of Ras Al Khaimah, United Arab Emirates, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Abuse Reporting
If any person, platform, rights holder, infrastructure provider, cybersecurity researcher, regulator, law-enforcement authority or other affected party believes that the Services are being used in connection with unlawful, abusive, fraudulent, harmful, unauthorized or suspicious activity, they may report the matter to NodeMaven at legal.public@nodemaven.com or any dedicated abuse-reporting address made available by NodeMaven from time to time.
Abuse reports should, where possible, include sufficient information to allow NodeMaven to investigate the matter, including relevant timestamps, IP addresses, domains, URLs, logs, screenshots, headers, transaction identifiers, account information, wallet addresses, descriptions of the alleged abuse and any other supporting evidence.
NodeMaven may review, investigate, preserve, disclose, restrict, suspend, terminate, block or otherwise act upon abuse reports in its sole discretion, taking into account applicable law, security, privacy, proportionality, technical feasibility, contractual obligations, third-party rights and the protection of the Services, users, suppliers, infrastructure providers and affected parties.
Notice
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
For legal notices or inquiries, you may contact us at: legal.public@nodemaven.com