These Terms of Service ("Terms") govern your use of the dexopticon.io website and the services provided by DexOpticon ("DexOpticon," "we," "us," or "our"), including dedicated blockchain RPC nodes and related infrastructure (the "Services"). By using the website or the Services, or by accepting a quote or invoice from us, you agree to these Terms. If you're agreeing on behalf of a company, you confirm you have authority to bind it, and "you" means that company.
1. The Services
We provision and operate dedicated blockchain nodes and endpoints as described in the quote, invoice or written order you accept (an "Order"). Each Order sets out the network(s), node type, region, fees and any special terms. If an Order conflicts with these Terms, the Order controls for that deployment.
We may change how we deliver the Services, for example by upgrading node clients, changing hardware or migrating infrastructure, as long as the change doesn't materially reduce what your Order describes.
2. Your account and credentials
- You're responsible for keeping your endpoint URLs, tokens and other credentials confidential, and for all use of the Services through them.
- Tell us promptly at hello@dexopticon.io if you believe your credentials have been compromised. We can rotate them for you.
- You must give us accurate contact and billing information and keep it up to date.
3. Acceptable use
You may not use the Services to:
- break any applicable law or regulation, including sanctions, export control and anti-money-laundering laws;
- provide services to, or act on behalf of, any person or country subject to U.S. sanctions;
- attack, disrupt or attempt to gain unauthorized access to any network, system or blockchain, including our infrastructure;
- distribute malware, run phishing or fraud schemes, or infringe anyone's rights;
- resell or sublicense access to the Services to third parties without our written consent.
We may suspend the Services immediately if we reasonably believe you've breached this section, or if suspension is needed to protect the Services, other customers or third parties. Where practical, we'll tell you first and give you a chance to fix the problem.
4. Fees and payment
- Fees are set out in your Order and billed monthly in advance unless the Order says otherwise.
- Invoices are due within 7 days unless the Order says otherwise. We accept the payment methods listed on the invoice, which may include card, bank transfer and approved stablecoins. For payments in digital assets, you're responsible for sending the correct amount to the correct address on the correct network.
- If payment is more than 7 days overdue, we may suspend the Services after giving you notice. Suspension doesn't stop fees from accruing.
- Fees don't include taxes. You're responsible for any applicable sales, use, VAT or similar taxes, other than taxes on our income.
- Fees are non-refundable, including for partial months, except where these Terms or your Order say otherwise.
5. Term and cancellation
Unless your Order sets a minimum term, the Services run month to month. Either party can cancel by written notice (email is fine), effective at the end of the current paid billing period. We may terminate the Services on notice if you materially breach these Terms and don't cure the breach within 10 days, or immediately for breaches of Section 3. When the Services end, we'll decommission your nodes and delete associated configuration and logs in line with our normal practices.
6. Service levels and maintenance
We monitor and maintain your nodes and work to keep them available and in sync. Unless your Order includes a written service-level agreement, we don't guarantee any specific uptime, latency or throughput. We may perform maintenance, including client upgrades required by network changes. We'll try to schedule planned maintenance outside your peak hours and give notice where practical.
Blockchain networks are run by third parties. We aren't responsible for network halts, forks, reorganizations, congestion, client software bugs, protocol changes, or the actions of validators, block producers or other network participants.
7. No financial advice; blockchain risks
The Services are infrastructure. Nothing we provide, including any data, analytics, risk scores or token analysis, is financial, investment, legal or tax advice, or a recommendation to buy, sell or hold any digital asset. You alone are responsible for your trading decisions, transactions, strategies and private keys.
We don't guarantee that any transaction will be propagated, included in a block, included in any particular order or within any particular time, or that any data returned by a node is complete, accurate or current. Digital assets are volatile, and transactions are usually irreversible.
8. Your data
We don't sell your data. We process request metadata, such as source IP addresses, methods called, timestamps and volumes, to operate, secure, troubleshoot and bill for the Services. We don't inspect the contents of your requests except as needed for those purposes or as required by law. Our Privacy Policy explains how we handle personal information.
9. Intellectual property and feedback
We own the Services, our software, configurations, documentation and website, including all related intellectual property. These Terms don't transfer any of it to you. If you send us suggestions or feedback, we may use them without obligation to you.
10. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL.
- WE WILL NOT BE LIABLE FOR ANY TRADING LOSSES, MISSED OR FAILED TRANSACTIONS, LIQUIDATIONS, OR LOSS OR DEVALUATION OF DIGITAL ASSETS, HOWEVER CAUSED, INCLUDING AS A RESULT OF SERVICE DOWNTIME, LATENCY OR INACCURATE DATA.
- OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits don't apply to your payment obligations or your obligations under Section 12.
12. Indemnification
You'll defend and indemnify DexOpticon against any third-party claims, damages and costs, including reasonable legal fees, arising from your use of the Services, your breach of these Terms, or your violation of any law or third-party rights.
13. Changes to these Terms
We may update these Terms from time to time. We'll post the updated version here and change the "Last updated" date. For material changes, we'll give active customers at least 30 days' notice by email. Continued use of the Services after changes take effect means you accept them.
14. Governing law and disputes
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Georgia, and both parties consent to that jurisdiction. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally for at least 30 days.
15. General
These Terms and any Orders are the entire agreement between us about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
16. Contact
Questions about these Terms? Email hello@dexopticon.io.