Effective Date: January 1, 2024
These Terms of Service ("Terms") govern the use of the cloud node management dashboard and related services "SKYNODE" (the "Service") provided by SKYHASH Paraguay S.A., a company organized and existing under the laws of the Republic of Paraguay ("Company").
By accessing or using the Service, you ("User") agree to be bound by these Terms.
The primary legal relationship between the User and the Company is governed by the Node Hosting Agreement ("Hosting Agreement"). These Terms supplement the Hosting Agreement and apply specifically to the dashboard and online functions. In the event of any conflict between these Terms and the Hosting Agreement, the Hosting Agreement shall prevail.
1.1 The Service is an infrastructure participation and management support service. It does not constitute, and shall not be construed as, an investment, equity participation, profit-sharing arrangement, asset management service, or performance-based contract.
1.2 All descriptions, statistics, displayed values, simulations, and information provided by the Company are for informational purposes only and do not constitute investment advice, solicitation, or guarantees of any kind.
1.3 The User assumes full responsibility for all usage decisions made in connection with the Service.
2.1 All numbers, histories, statistics, and notifications displayed on the dashboard constitute reference information only. They do not constitute proof of performance, proof of service provision, accounting records, or the creation of payment claims.
2.2 The existence of service performance and payment obligations shall be determined exclusively on the basis of the Company's internal records and the Hosting Agreement.
2.3 The Company shall use commercially reasonable efforts to ensure the accuracy of displayed information but assumes no liability for discrepancies between dashboard data and actual service records.
3.1 SCU (SKYNODE Compute Unit) is an internal workload indicator used solely within the Service.
3.2 SCU does not directly represent actual computational processing, blockchain activity, revenue, or any external economic value.
3.3 SCU has no monetary value, is not redeemable for cash or cryptocurrency, and is not transferable between Users or to third parties.
4.1 Payment obligations are deemed established only upon completion of the Company's settlement processing. Displayed values, operational indicators, or SCU generation do not, in and of themselves, create payment obligations.
4.2 Displayed rewards represent settlement amounts for service usage and do not constitute profit distribution, yield, dividends, or investment returns.
4.3 The Company shall process settlements in accordance with the schedule and methodology set forth in the Hosting Agreement.
5.1 If payment is made in cryptocurrency, the User acknowledges and expressly accepts the following risks:
5.2 Tax handling, reporting, and legal compliance related to cryptocurrency transactions are the sole responsibility of the User.
5.3 The Company shall not be liable for any loss arising from the risks described in Section 5.1.
6.1 The User represents and warrants that:
6.2 The Company reserves the right to request identity verification documents at any time and to suspend or terminate the User's account pending satisfactory completion of such verification.
6.3 The User shall promptly notify the Company of any change in circumstances that would affect the accuracy of the representations in Section 6.1.
7.1 Users shall not:
7.2 Violation of this Article may result in immediate suspension or termination of the User's account, without prejudice to the Company's right to pursue legal remedies.
8.1 The User is solely responsible for maintaining the confidentiality and security of their authentication credentials, including passwords, API keys, and two-factor authentication devices.
8.2 The User shall immediately notify the Company of any unauthorized use of their account or any other breach of security.
8.3 The Company shall not be liable for any loss or damage arising from the User's failure to comply with this Article.
9.1 The Company may suspend, restrict, or limit access to the Service, in whole or in part, in the following circumstances:
9.2 Except where prohibited by law or where immediate action is required to prevent harm, the Company shall endeavor to provide the User with prior notice of any suspension and an opportunity to address the underlying concern.
9.3 The Company shall not be liable for any loss or damage arising from a suspension carried out in good faith under this Article.
10.1 The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Without limiting the generality of the foregoing, the Company does not guarantee:
11.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, opportunity loss, or business interruption, regardless of the theory of liability.
11.2 The Company's total aggregate liability arising out of or in connection with these Terms and the Service shall not exceed the total fees paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
11.3 The limitations set forth in this Article shall not apply to liability arising from gross negligence, willful misconduct, or fraud by the Company.
12.1 The Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond the Company's reasonable control, including but not limited to: acts of war, terrorism, or civil unrest; natural disasters; epidemics or pandemics; changes in applicable law or regulation; power outages; communication or internet failures; governmental actions; or cyberattacks.
12.2 In the event of a force majeure event, the Company shall use commercially reasonable efforts to resume performance as soon as practicable and shall notify affected Users of the situation.
13.1 The Company maintains anti-money laundering (AML) and know-your-customer (KYC) procedures in compliance with applicable laws and regulations, including Paraguayan Law No. 1015/97 and related regulations of SEPRELAD (Secretaria de Prevención de Lavado de Dinero o Bienes).
13.2 The Company may investigate and report suspicious transactions to relevant authorities as required by law.
13.3 The User shall cooperate fully and promptly with any investigation conducted by the Company or competent authorities, including providing requested documentation and information.
14.1 The Company processes personal data in accordance with its Privacy Policy, which forms an integral part of these Terms.
14.2 The Company complies with applicable data protection legislation, including Paraguayan Law No. 6534/2020 on the Protection of Personal Data.
14.3 The User has the right to access, rectify, and request deletion of their personal data, subject to the Company's legal obligations to retain certain information.
15.1 The User may terminate their use of the Service at any time by providing written notice to the Company. Termination of the Service does not affect obligations arising under the Hosting Agreement.
15.2 Upon termination:
15.3 The Company may terminate the User's account for material breach of these Terms, subject to providing reasonable notice and an opportunity to cure, except where immediate termination is required by law or to prevent ongoing harm.
15.4 Articles 3, 4, 5, 10, 11, 14, and 17 shall survive termination.
16.1 The Company may modify these Terms from time to time. Any material modifications shall be communicated to the User at least thirty (30) days prior to taking effect, via email to the User's registered email address and/or through a prominent notice on the dashboard.
16.2 Continued use of the Service after the effective date of the modified Terms constitutes the User's acceptance of such modifications.
16.3 If the User does not agree to the modified Terms, the User may terminate their use of the Service in accordance with Article 15.
17.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Paraguay, without regard to its conflict of laws principles.
17.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration administered by the Centro de Arbitraje y Mediación Paraguay (CAMP) in accordance with its rules then in force.
17.3 The arbitration shall be conducted as follows:
17.4 The arbitral award shall be final and binding. Judgment upon the award may be entered in any court having jurisdiction.
17.5 Nothing in this Article shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm.
18.1 These Terms, together with the Hosting Agreement and the Privacy Policy, constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings.
18.2 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
SKYHASH Paraguay S.A.
Registered in the Republic of Paraguay
For questions about these Terms or the SKYNODE service, please contact us through the contact information provided in your Node Hosting Agreement.