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Legal - Terms of Service

Please read these terms carefully before using our services.

Last Updated: October 26, 2024

1. Introduction

Welcome to NodeShift Nigeria ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your use of our website located at https://nodeshift.tech (the "Website") and any related services, including but not limited to, the various software applications provided by us (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy (available at /privacy-policy). If you do not agree to these Terms, do not use our Services.


2. Acceptance of Terms

By using the Services, you affirm that you are of legal age to enter into this agreement or, if not, that you have obtained parental or guardian consent. You agree to comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.


3. Use of Services

License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes, as applicable to the specific Service used.

Prohibited Activities: You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
  • Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • Transmitting spam, chain letters, or other unsolicited email;
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
  • Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Uploading invalid data, viruses, worms, or other software agents through the Services;
  • Collecting or harvesting any personally identifiable information, including account names, from the Services;
  • Using the Services for any commercial solicitation purposes;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • Interfering with the proper working of the Services;
  • Accessing any content on the Services through any technology or means other than those provided or authorized by the Service;
  • Bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

Service Availability: We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.


4. User Accounts

To access certain features of our Services (e.g., specific applications), you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. NodeShift Nigeria will not be liable for any loss or damage arising from your failure to comply with this requirement.


5. Intellectual Property Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other Users ("Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of NodeShift Nigeria and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content.


6. Data Privacy and Deletion

Your privacy is important to us. Please review our Privacy Policy at /privacy-policy to understand how we collect, use, and share information about you.

Data Deletion Instructions: You have the right to request the deletion of your personal data that we hold, subject to certain exceptions under applicable law. To request deletion of your data associated with our Services or specific applications:

  • Please send an email to legal@nodeshift.tech with the subject line "Data Deletion Request".
  • In the body of your email, please clearly state your name and the email address associated with your user account(s).
  • Specify which Service(s) or application(s) you are requesting data deletion for, or if you request deletion from all our records.
  • We may need to verify your identity before processing your request. This may involve asking for additional information to confirm you are the owner of the account and associated data.
  • We will process your request in accordance with applicable data protection laws (e.g., NDPR, GDPR) and will confirm once the deletion process is complete or if we are unable to fulfill the request due to legal obligations or other permitted exceptions.
  • Please note that deleting your data will result in the permanent closure of your associated user account(s) and loss of access to the related Services.

For more detailed information on your data rights, please refer to our Privacy Policy.


7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NodeShift Nigeria OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NodeShift Nigeria, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.


8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLNodeShift Nigeria, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL NodeShift NigeriaBE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NodeShift Nigeria ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NodeShift Nigeria, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NodeShift NigeriaHEREUNDER OR $100.00 USD, WHICHEVER IS GREATER (OR THE EQUIVALENT IN LOCAL CURRENCY).


9. Governing Law

These Terms shall be governed by the laws of Nigeria, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located within Nigeria for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.


10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.


11. Contact Us

If you have any questions about these Terms, please contact us at legal@nodeshift.tech.