LYONODES Terms of Use
Last Updated: October 2022
These Terms of Service and any terms expressly incorporated herein (“the Terms”) governs access to and use the products and services of all parts of the website(s), platform(s) and application(s) branded as LYONODE (hereinafter referred as “LYONODE”, “we”, “our”, “us”) and referring to the domain https://lyonodes.io/ (“the Platform”) and all documents, data, materials or other information made available on the Platform
User(s) (hereinafter referred as “User”, “you”, “your”) access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users and others who access or use the Platform. You implicitly acknowledge and agree to be legally bound by these Terms and Privacy and Cookie Policy as published on the Platform at the time of each use. If you do not agree to the Terms and Privacy and Cookie Policy, please refrain from using the Platform.
These Terms may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
1. DEFINITION
1.1. “LYONODE” is the Platform of the full nodes and block explorers. LYONODE provides access to Users over 40 most popular blockchain networking including BTC, ETH, DOGE and BSC, which is almost every single coin and token from the top 100 Coin Market Cap.
1.2. “Node (full node)” Any computer connected to the blockchain network is referred to as a node. A full node is a computer that can fully validate transactions and download the entire data of a specific blockchain.
1.3. “API” means Application Programming Interface. A software intermediary that allows two separate applications to communicate with one another. APIs define methods of communication between various components.
1.4. “User” refers to any person who is an individual above eighteen (18) years of age and/or an entity with legal capacity
1.5. “PoW” means proof-of-work which is a form of adding new blocks of transactions to a cryptocurrency’s blockchain. A consensus mechanism in which each block is ‘mined’ by a group of individuals or nodes on the network. Hashing a block, which is in itself an easy computational process, under PoW requires each miner to solve for a set, difficult variable. PoW is significantly more energy-intensive than other consensus mechanisms, such as Proof of Stake.
1.6. “PoS” means a consensus mechanism in which an individual or “validator” validates transactions or blocks.
1.7. “Collaboration Partner” permits LYONODE to deliver the Services to the User. Through the confirmation of the present Terms, the User agrees to the Terms of Use and Privacy Policies of each Collaboration Partner, without prejudice that any of these may require additional consent or validation necessary for the part of the service they are in charge of. Collaboration Partners may restrict their services to Users who do not comply with Collaboration Partner’s risk appetite. All services regulated as e - money and/or payments services are exclusively provided by the Collaboration Provider and never by LYONODE.
1.8. “Smart Contracts” refers to programs whose terms are recorded in computer code. While they often contain agreements or sets of actions between parties that emulate a traditional legal contract, they are not, in and of themselves, legal documents. Smart contracts are automated actions that can be coded and executed once a set of conditions is met, and are the dominant form of programming on the Ethereum Virtual Machine.
2. LEGALITY & ELIGIBILITY
2.1. These Terms constitute a legal agreement and creates a binding contract between you and LYONODE.
2.2. User shall be any natural person and/or a legal entity who has sufficient legal capacity to enter into these Terms and in case of a natural person, the User shall have attained the age of eighteen [18] or above.
3. ACCOUNTS & ACCESS
3.1. In order to access LYONODE services you must register in our Platform. By using the LYONODE account, you agree and represent that you will use your LYONODE account for yourself and not on behalf of any third party, unless you have obtained prior legal approval from LYONODE.
3.2. You shall agree to treat your access credentials as confidential information and you shall not disclose such information to any third party. You shall be solely responsible for all use that occurs under your account including activities by you or any third parties that have your access to your account information whether authorized or not.
3.3. You understand and acknowledge to provide your accurate information about you and when you ensure to update us on any changes in the information.
4. RIGHTS AND OBLIGATION
4.1. We reserve the right to change, suspend or discontinue the Platform in whole or part, at any time including the availability of any services. Users shall be responsible to check the API documentation regularly to ensure proper configuration and usage. You acknowledge and agree that any modification or update in the Platform may adversely affect your application accesses in the Platform.
4.2. User agree and acknowledges that User shall
5. SERVICES
5.1. LYONODE provides Nodes for each blockchain with complete API documentation to the Users. Details of the products and services (“Services”) available for purchase are set out in our Platform.
5.2. We reserve the right to change or modify any and/or all features, content, specifications, package plans and Services in the Platform at any time without notice.
5.3. You shall select a package from LYONODE to begin using the Nodes and we agree to provide you the package that you select in our Platform. Please note that your use of the Node package shall be subject to the limitations specified in the description of each package.
6. PAYMENTS
6.1. The use of LYONODE Services is based on pre-payment. Please check the pricing table for pricing information of the packages available.
6.2. We will provide you an invoice for the package you chose at the beginning of the usage period. The initial invoice must be paid within 7 working days and upon the payment your API key will be activated.
6.3. In any circumstances if LYONODE suspends or terminates your account and/or you voluntarily terminate your account in LYONODE and/or your account is dormant, you understand and agree that LYONODE will not refund or exchange the payment or Services.
7. LINKS TO OTHER WEBSITES
7.1. We may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and we assume no responsibility for, the information, content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods or services available on or through any such websites or services.
7.2. We do not accept liability for the content of any referenced or linked off-site page and are not liable for that content. The risk of injury rests entirely with You. Links from LYONODE to other websites do not constitute an endorsement from us. It is your responsibility to evaluate the content and usefulness of information obtained from other websites or services.
8. ASSUMPTION OF RISK
You understand and acknowledge that LYONODE does not control any blockchain protocol, nor any Smart Contract which is not offered by us as part of our Services. LYONODE shall not be responsible for the transition of any blockchain protocol from PoW to PoS consensus. In addition, you agree and acknowledge that LYONODE will not be responsible for any or all risks of accessing and using or interacting with blockchain protocols.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permissible by law, LYONODE, its affiliates, employees, directors, agents, board members, Collaboration Partners shall not be liable for any indirect, incidental, special, consequential or punitive damages or loses (even if LYONODE has been advised of the possibility of these damages or loses), including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the LYONODE; (ii) any conduct, content of any third party on the ; (iii) any content obtained from the LYONODE; and (iv) unauthorized access, use or alteration of your transmissions, content, whether based on warranty, contract, tort (including negligence) or (v) any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9.2. In addition, we shall not be liable for any errors, omissions, misstatements, or misrepresentations (whether expressed or implied) concerning any information on the Platform or Services.
9.3. We endeavor to ensure but cannot guarantee essentially uninterrupted availability of the LYONODE and the Services and error-free transmissions. Access to the LYONODE or the Services may also be suspended or restricted from time to time to allow for repairs and maintenance or the introduction of new services or tools.
10. INDEMNIFICATION
10.1. You shall indemnify, defend and hold harmless LYONODE and our affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of our Platform; (ii) your breach of the license to use our Platform; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this license; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of these Terms.
10.2. We shall indemnify and hold harmless you and your employees, officers, directors and representatives from and against any losses arising out of or relating to any claim concerning our material and intentional breach of these Terms.
11. NON-SOLICITATION & NO INVESTMENT ADVICE
The information and any material or content and/or Services contained in the Platform should not be considered as an offer or solicitation to buy or sell LYONODE Services. Further all information provided by the Platform is for informational purposes only and should not be construed as investment advice and it should not be construed as advice or any kind. You should not take or refrain from taking any action based on any information contained in the Platform.
12. FORCE MAJEURE
In no event we shall be liable for any inaccuracy, error, delay or omission, failure in performances or interruption of services of any transmission or delivery of information as in required by these Terms or caused by, directly or indirectly, forces beyond its reasonable control of LYONODE including but not limited to any act of God, action of government, act of terrorists, war, fire, interruptions in telecommunications or internet services or network provider services, software malfunctions, strikes, work stoppages, accidents, civil or military disturbances or other catastrophe or any other causes beyond our reasonable control.
13. TERMINATION
14.1. You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party.
14.2. We will have no liability to you for any failure or delay in performing any of our obligations under these Terms to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.
14.3. These Terms together with the Privacy Policy and Cookie Policy contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the same.
14.4. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.
14.5. Failure by either you or us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
14. GENERAL PROVISION
14.1. You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms to any third party.
14.2. We will have no liability to you for any failure or delay in performing any of our obligations under these Terms to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.
14.3. These Terms together with the Privacy Policy and Cookie Policy contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the same.
14.4. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.
14.5. Failure by either you or us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
15. GOVERNING LAW
These Terms are governed by and shall be construed in accordance with the laws of the British Virgin Islands (“BVI”). You irrevocably agree and acknowledge that subject as provided below, the courts of the British Virgin Islands shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms.
16. GENERAL PROVISION
16.1. In the event of any dispute, you may contact us and we shall amicably settle the dispute by negotiating. In any such circumstances, if you are not satisfied with the complaint resolution process made, you shall have the right to refer Your complaint to the arbitration process.
16.2. London Courts of International Arbitration (LCIA) shall be the Arbitrator and LCIA Arbitration Rule shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of these agreements to arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by LCIA.
16.3. The arbitration shall be conducted by a sole, neutral arbitrator and shall take place in BVI or LCIA London or another mutually agreeable location by both parties, in English Language.
16.4. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the BVI courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
17. MODIFICATION
We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any modifications, we will notify You by updating the date at the top of this Terms and by maintaining a current version of the Terms. All modifications will be effective when they are posted, and your continued accessing or use of the Platform will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing and using the Platform.
18. PRIVACY POLICY
We care about your data protection, its security and confidentiality. Please refer to our Privacy Policy to find information on how we will process your personal data when you visit or use our Platform or contact us.
19. CONTACT US
You may contact us via our email support@lyonodes.io