1. Introduction

Welcome to Nodeplug Inc.! These Terms of Service (“Terms”) govern your access to and use of the services provided by Nodeplug Inc. (“Nodeplug,” “we,” “us,” or “our”). By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Definitions

• “Services”: The cloud computing and related services provided by Nodeplug Inc.
• “User”: Any individual or entity using the Services.
• “Content”: Any data, software, or applications uploaded, submitted, or created by Users using the Services.
• “Agreement”: This Terms of Service agreement.

3. User Accounts

3.1 Account Registration: To use our Services, you must create an account. You agree to provide accurate, current, and complete information and to keep your account information updated.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Eligibility: You represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Use of Services

4.1 Permitted Use: You may use the Services in accordance with these Terms and applicable laws and regulations. You agree not to misuse the Services or help anyone else do so.

4.2 Prohibited Activities: You may not use the Services to:

• Engage in any illegal activities or conduct that is harmful, fraudulent, deceptive, or offensive.
• Distribute viruses, malware, or any other harmful code.
• Infringe on intellectual property rights or the privacy of others.
• Interfere with or disrupt the integrity or performance of the Services or any third-party data.

4.3 Service Modifications: We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time with or without notice.

5. Fees and Payment

5.1 Service Fees: You agree to pay all fees for the Services as specified at the time of order. Fees are non-refundable except as required by law or as otherwise stated in this Agreement.

5.2 Payment Terms: All fees are due in advance and will be billed according to the plan you select. Payments must be made in U.S. dollars. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.

5.3 Taxes: You are responsible for all applicable taxes, except for those based on our income. If you are exempt from taxes, you must provide us with valid documentation.

6. Service Levels and Support

6.1 Service Level Agreement (SLA): We strive to maintain an uptime of 99.9%. In case of downtime, you may be eligible for service credits as described in our SLA. The SLA does not apply to downtime caused by factors beyond our control, scheduled maintenance, or beta services.

6.2 Support: We offer customer support via our online support center. Support levels and response times vary based on the plan you choose.

7. User Content

7.1 Ownership: You retain ownership of your Content. We do not claim any rights to your Content.

7.2 License to Nodeplug: By using the Services, you grant us a worldwide, royalty-free license to host, store, and transmit your Content as necessary to provide the Services. This license is necessary for us to operate and improve the Services.

7.3 Content Responsibility: You are solely responsible for the accuracy, quality, and legality of your Content and the means by which you acquired your Content.

8. Data Privacy

8.1 Privacy Policy: Our collection and use of your information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of your data as described in the Privacy Policy.

8.2 Data Security: We implement reasonable security measures to protect your data. However, you are responsible for securing your own systems and data, including implementing appropriate encryption, backup, and access control measures.

9. Term and Termination

9.1 Term: This Agreement will commence on the date you first use the Services and will continue until terminated in accordance with these Terms.

9.2 Termination by You: You may terminate your account at any time by following the account termination process on our website. Termination will be effective immediately upon your completion of the process.

9.3 Termination by Nodeplug: We may suspend or terminate your access to the Services at any time for any reason, including if:

• You violate these Terms.
• Your use of the Services poses a security risk.
• You fail to pay fees when due.
• We discontinue the Services.

9.4 Effect of Termination: Upon termination, you must cease all use of the Services. Any outstanding fees will become immediately due and payable. We will delete your Content after a reasonable period unless we are required to retain it by law.

10. Limitation of Liability

10.1 No Indirect Damages: To the maximum extent permitted by law, Nodeplug shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

10.2 Cap on Liability: Our total liability to you for any claim arising out of or relating to the Services or this Agreement will not exceed the amount you have paid us for the Services in the six months preceding the claim.

10.3 Essential Basis: The limitations of liability are an essential basis of the bargain and reflect a fair allocation of risk between the parties.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nodeplug, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your Content.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles.

12.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in Las Vegas, Nevada, except that either party may seek injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access to the Services.

13. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website and updating the “Effective Date” at the top of this policy. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

14. Miscellaneous

14.1 Entire Agreement: These Terms, along with our Privacy Policy and any applicable SLA, constitute the entire agreement between you and Nodeplug regarding your use of the Services.

14.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at contact@nodeplug.com.