Instant Nodes – Terms of Service
Set forth below are the Terms of Service (the “ Terms ”) governing your access and use of this website (instantnodes.io) (the “ Website ”), provision and use of various services provided via the Website through web and/or any mobile applications (jointly or severally) effective as of 11 June 2024.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING TO ACCEPT THESE TERMS (WHERE APPLICABLE), OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms incorporate the following policies and any policies/descriptions as may be referred to herein or otherwise within the Applications or published thereon (“ Policies ”):
By accepting these Terms, you agree with and accept all the Policies published as amended or supplemented or varied by us from time to time.
References in these Terms to “your” or “you” are to the person/entity who accepts these Terms and agrees to create account(s) and use the services as set out in these Terms. References in these Terms to the “ Company ”, “ We ”, “ Us ” or “ Our ” refers to Best Architects L.L.C-FZ, company number 2 307 052, registered in U.A.E. at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E. You and us shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.
1. Definitions and Interpretation
1.1 Definitions
In these Terms, unless the context otherwise requires, capitalised words and expressions shall have the following respective meanings:
“ Account ” means an account created for an Account Holder via any of the Applications in order to use the Services
“ Account Holder ” means a person or an entity with an account opened via any of the Applications who uses the Services and agrees to follow these Terms.
“ Applicable Law ” means law or regulation applicable to the relations of the Parties hereunder, or, where the context requires, the laws and regulations applicable to us and/or to the Account Holder, any other laws, rules or regulations of other territories or jurisdictions (as the case may be) and as may be amended from time to time
“ Applications ” means any web and/or any mobile applications, APIs (jointly or severally) offered by us to get access to the RPC services on these Terms.
“ Blockchains ” means any public transaction ledgers, such as Solana.
“ Duration ” means a duration (period of service) applicable to any of the Packages offered by us as specified in the description of the relevant Package on our Website.
“ Packages ” means any packages of Services offered by us at any time on the Website.
“ Prohibited Jurisdiction ” means any jurisdiction which is set out in Annex 1.
“ Services ” means any services offered by us on the Website, including the use of, and access to, the Applications.
1.2 Interpretation
References in these Terms to:
Headings are for ease of reference only and should be omitted in construction of these Terms.
Where the context so admits, words importing the singular number only shall include the plural and vice versa, and words importing neuter gender shall include the masculine or feminine gender.
2. Services
Subject to your compliance with the Terms, we hereby grant you (i) the right to use the Services solely for your internal business purposes in accordance with, and subject to, the Packages; and (ii) a limited, non-exclusive, non-sublicenseable, non-transferable license to use the software underlying the Services (subject to Section 5 below). The Services are deemed delivered to you upon the provision of access to any of the Applications for your benefit. This license does not include a right to use any of the content and information. Your license shall be automatically terminated by any unauthorized use.
Certain features within the Services may allow you to interface or interact with, access, or use compatible third-party services, products, software, technology, and content (collectively, “Third-Party Services”) through or integrated with the Services. We do not provide the Third-Party Services and are not responsible for any compatibility issues, errors, or bugs in the Services or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. Your use of any Third-Party Service is at your own risk. You are solely responsible for obtaining any associated licenses and consents to the extent necessary for you to use the Third-Party Services in connection with the Services. Your use of the Third-Party Services may be subject to separate terms and conditions set forth by the provider (including disclaimers or warnings), separate fees or charges, or a separate privacy notice. You are responsible for understanding and complying with any such terms or privacy notice.
Except for the Services provided within the Beginner Package, we will provide support services according to our standard support terms, which we may update from time to time. We may procure service level commitments for the users of the Tailored Package.
Details of the Services available for purchase from us are set out on the Website. All features, content, specifications, Packages and prices of Services described set out on the Website are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
The inclusion of any Packages, products or Services in the Website at a particular time does not imply or warrant that these Packages, products or Services will be available at any time.
Requests counted are any responses produced from making a request to the node using HTTP with any return status. Websocket subscriptions may be limited as shall be specified in the description of the relevant Package.
3. Fees; Billing
You will pay us non-refundable fees according to the Package (including fees to renew the Duration expired) chosen by you and reflected in your Account profile, in accordance with the terms therein (“Fees”) and without offset or deduction. For clarity, the Fees do not include any fees owed to any third party or for Third Party Services, including any fees payable to your hosting provider in connection with the download, upload, or transmission of your data.
Payments due to us for the Services may be made using any methods specified in “ Pricing and Payment Methods ” on the Website. All payments are non-refundable and neither Party will have the right to set off, discount, or otherwise reduce or refuse to pay any undisputed amounts due to the other Party under these Terms. If you fail to make any payment when due, we may, in our discretion, suspend your access to the Services. You will reimburse us for all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting any late payments or interest ((if applied, according to the terms of the Package).
You are responsible for all sales, use, ad valorem and excise taxes, value added, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, multinational, or local governmental regulatory authority on any amount payable by you to us hereunder, other than any taxes imposed on our income. In the event that you are required to deduct or withhold any taxes from the amounts payable to us hereunder, you will pay an additional amount, so that we receive the amounts due to us hereunder in full, as if there were no withholding or deduction.
We may offer you subscriptions to the Packages. Terms specific to the relevant subscriptions will be disclosed to you at or prior to the time at which you purchase the subscription at “ Pricing and Payment Methods ” on the Website, and by purchasing the subscription you are agreeing to those terms.
Durations begin with the date we receive your payment for the selected Package and may be extended upon expiry of the prepaid Duration subject to the availability of the selected Package on the date of extension.
4. Your Representations/Warranties/Covenants
By agreeing to these Terms, creating an Account and/or using the Services you hereby agree, represent and warrant that:
a) you have read, understood and therefore accept these Terms;
b) you have the power, authority and consent to accept these Terms, to enter into a binding agreement with us and perform the obligations set out herein;
c) your jurisdiction or country of residence allows you to register an Account via Applications and use the Services;
d) you have provided correct and accurate information when creating an Account or any interaction with us. If your details change, you will notify us immediately and you shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information;
e) you agree that it is your sole responsibility to ensure your compliance with the laws of your jurisdiction or country of residence and you agree to indemnify us for all consequences of failure to do so;
f) you have sufficient understanding of the functionality, usage, storage, transmission mechanisms, risks and intricacies associated with Blockchains and blockchain-based software systems;
g) if you are an individual, you are at least 18 years of age, you have sufficient legal capacity to use the Services on these Terms;
h) you are not a politically exposed person and you have no relationship (e.g. relative, associate etc.) with a person who holds or held during the last 12 months any public position;
i) you are not a citizen of, resident or domiciled in any Prohibited Jurisdiction or using the Services from a location in any Prohibited Jurisdiction, nor are you an entity (including, but not limited to, any company or partnership) incorporated, established or registered in or under the laws of a Prohibited Jurisdiction, nor are you using the Services for or on behalf of any such person or entity;
j) you shall not use the Services for any purpose that is illegal, and you shall not introduce any funds whose origin is such as but not limited to:
k) you shall not use any Services to finance, engage in, or otherwise support any unlawful activities;
l) you shall not interfere with or attempt to interrupt the proper operation of the Applications or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking or any other means;
m) you will monitor all and any changes to your Account and take all steps to maintain and ensure the confidentiality and security of your Account’s credentials, including, but not limited to, Account name, user ID, passwords, API keys, tokens, and emails and/or usernames;
n) you are responsible for any and all damages caused, and all liability actions brought against us for any breach infringement of these Terms or of any third-party rights or violation of any applicable laws;
o) nothing in these Terms excludes or limits your liability for fraud, misconduct or potential losses caused by their negligence, breach of the Terms implied by operation of law or any other liability which may not be limited or excluded by law; and
p) you will provide us with correct and relevant documents and personal information upon request. In case you provide counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.
5. IP Rights
In these Terms, “ IP Rights ” means in relation to us, the Applications and Services, all: (i) patents, inventions, designs, software, copyright and related rights, database rights, know-how and confidential information, trademarks and related goodwill, trade names (whether registered or unregistered), and the rights to apply for registration; (ii) all other rights of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognized in the future; and (iii) all applications, extensions and renewals in relation to any such rights.
Except as expressly set out in these Terms, you are not entitled, for any purpose, to any IP Rights. We shall at all times retain ownership, including all rights, title and interests in and to the IP rights and you understand and accept that by using the Services pursuant to these Terms you shall not:
You may view, download, store and print any copies of the copyrighted material for personal and non-commercial use. You agree not to adjust or try to circumvent or delete any notices contained on the Website or the Applications (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Website and/or the Applications.
Subject to our Privacy Policy, you hereby grant, and agree to grant to us the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels) and otherwise exploit in any manner whatsoever, all or any portion of the content, information or data submitted to the Website or the Applications (including logos and trademarks), and derivative works thereof, for any purpose whatsoever in all formats and technologies, and to advertise, market, and promote the same. You warrant that you are entitled to and have all necessary rights to the content, information or data submitted to the Website or the Applications.
You acknowledge all responsibility for all direct or indirect consequences of linking to the Website and agree to indemnify us for all losses, liabilities, expenses, costs and fees, including attorney fees arising from or in any connection with that link, unless that link is explicitly mandated by us.
6. User Accounts
To become an Account Holder and use the Services you must first complete the following registration process at the link. These Terms shall be terminated should you not complete the registration process set out therein. We reserve the right to refuse or reject an Account setup at its own discretion based on its internal compliance policies and procedures.
It is your sole responsibility to protect access to your Account. We may reasonably assist you with restoring access to your Account, but we are not obliged in any way to restore any access to an Account, including in the case of theft or any loss of control of the means of access to the Account. You agree that we are not liable for any damage or losses that result from such theft or any loss of control of your Account.
We reserve the right to block or terminate your Account if we have reason to believe or suspect that you are in breach of these Terms or other legal obligation (including fraudulent activity) without prior notice or liability. Should your Account be blocked or terminated you will not be able to login to the Application(s) and use the Services. If the cause of the blocking is resolved by us, we shall restore your Account and your access to your Account. We shall not be liable to you for any loss you may incur as a result of your Account being blocked.
We further reserve the right, at our sole discretion, to refuse or cancel any of our Services and/or access to the Applications, for legitimate reasons, including, without limitation:
We also have the right to block the Account, if you do not use the Services for one hundred and eighty (180) consecutive calendar days.
Your Account will be closed either following a request by you by providing a minimum of 14 (fourteen) calendar days’ notice in writing via email or closure by us due to any other reasons as may arise in accordance with these Terms and/or Applicable Law.
You accept that after your Account has been closed, we will store Personal Data about you and your Account for a period of five years.
Unless otherwise expressly provided herein, we may close your Account upon expiration of 180 (one hundred and eighty) calendar days following blocking of your Account.
7. Termination of Services
We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. We may, in our sole discretion, terminate these Terms with you at any time, by giving you 14 (fourteen) calendar days’ notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to such termination.
Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, either party may at any time terminate these Terms with immediate effect by giving written notice to the other party if:
Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if:
If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of the Services (in whole or in part); and/or if appropriate, seek damages from you.
Termination of these Terms requires the closing of your Account.
Any terms which by their nature should survive, will survive the termination of these Terms.
8. Notices and communications
You hereby agree to the use of electronic communication to enter into contract, electronic delivery of notices, policies and any records initiated or completed through our Applications. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
We treat any email you provide while opening your Account as a primary means of communication with you. It is your responsibility to ensure that you log onto the Website and your Account regularly and open and review communications that we deliver to you through those means. You are obligated to review your notices, and to promptly report any questions, apparent errors, or unauthorized use of your Account. Failure to contact us in a timely manner may result in loss of funds, data or important rights, for which we shall not be liable to you.
9. Indemnity
To the fullest extent permitted by Applicable Law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Service Provider Parties”) from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:
The indemnity set out in this clause is in addition to, and not in lieu of, any other remedies that may be available to us under Applicable Law.
10. Disclaimers
The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by Applicable Law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
Otherwise as may be expressly agreed with the Account Holders subscribed for the Tailored Package, we do not guarantee any particular uptime or availability of the Website, Services or any part of the Applications or that any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We explicitly exclude without limitation any direct or implied warranties, including any warranty of merchantability or fitness for a particular purpose, for the Website and any and all of its components, and Applications and any and all of its components.
11. Limitation of Liability
To the extent permitted by Applicable Law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of any data, goodwill, or reputation, profits, business opportunity, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from the use of our Services, howsoever arising, including but not limited to:
We use industry standard techniques to protect our Website and Applications and keep them free from viruses and attacks but cannot guarantee that either will be free from viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data or other proprietary material due to your use of our Website, or Services or to your downloading of any content on it, or on any website linked to it.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from us, you should login to your Account through the Applications and the secure site which shall always contain the prefix https, not by clicking links contained in emails.
Our aggregate liability, whether in contract, tort (including negligence), breach of statutory duty, restitution or any other legal or equitable basis, arising out of or relating to these Terms or the use of or inability to use the Services, shall not exceed the total amount paid by you for the particular Services for three (3) months prior to the date on which events occurred or became known (whichever is the latest) that are subject of the case of action.
12. Force Majeure
Neither we nor our officers, authorized representatives or associated entities or persons, are liable for delay or failure in meeting our respective obligations due to any cause outside of its reasonable control, including: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility or crash; any technological failure, including the failure within the virtual currency ecosystem; any infrastructure failure, including computer, server or network failures beyond our reasonable control; security breaches, acts or omissions of third parties; and any other events that cannot reasonably be foreseen or provided against (“Force Majeure Events”).
13. Miscellaneous
If any provision of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability; all other provisions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Any failure or delay in enforcing any part of the Terms by us does not in any way diminish your responsibility to comply with these Terms and shall not be construed as any kind of waiver to any extent.
We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
We may amend these Terms from time to time, including where there are changes to the functionality of the Services or as may be otherwise required by any laws or regulatory requirements to which we are subject. The changes will become effective and shall be deemed accepted by the Account Holder, the first time the Account Holder uses the Services after the publishing of the revised Terms and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that an Account Holder does not agree with any such modifications, the Account Holder sole and exclusive remedy is to terminate the use of the Services and close the Account.
Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates.
These Terms constitute the entire agreement between the Parties in relation to its subject matter. These Terms replace and extinguish any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the Parties, whether oral or written, public or private, in relation to that subject matter.
Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and us and/or other individuals or entities involved with the development and deployment of the Services.
These Terms and any information or notifications that we provide in accordance with these Terms shall be provided to you in English language. Any translation of these Terms or other documents to any other language may be provided for your convenience only but shall not form the basis of determining the prevailing language. In the event of any inconsistency between the English language version of thiese Terms or other documents and where the Terms or other document are to be used in a legal proceeding, the English language shall prevail.
Except as otherwise stated herein, these Terms shall be construed in accordance with the laws of the Emirate of Dubai. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (“DIAC”), which Rules are deemed to be incorporated by reference into this section. The number of arbitrators shall be three. The seat of arbitration shall be Dubai, UAE. The language to be used in the arbitration shall be English.
Annex 1 – Prohibited Jurisdictions
Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions. The list of Prohibited Jurisdictions is subject to change by us at any time and may include, inter alia, any sanctioned country or territory, or any country or territory which we cannot serve due to any reason whatsoever.