NYM NODE OPERATORS AND VALIDATORS
TERMS & CONDITIONS
Welcome to Nym Ecosystem.
The present Terms & Conditions (hereinafter: the "Terms") aims to establish the legal framework and conditions governing the relationship between Nym Technologies SA, place Numa-Droz 2, 2000 Neuchâtel, Switzerland (hereinafter: the "Nym", "we" or "us") and Node Operators (hereinafter: "Node Operator", "Node Operators" or "you") concerning the services you will provide for the deployment, utilization, and management of any Applications running on NYM Network through Nym Mixnet and Nyx Blockchain (the foregoing services, "Node Operator Services").
I. DEFINITIONS
Applications refers to any Software that uses, runs on or otherwise interoperates with the NYM Network whether developed by Nym Technologies SA or an independent third party.
Gateways are the nodes that serve as the entrance to the Nym Mixnet and exit from the Nym mixnet and possibly directly allow users to enter and exit from Gateways, including without mixing. They may check bandwidth credentials before sending traffic on to three layers of mix nodes. Gateways will be rewarded through a share of user fees, and optionally the mixmining pool.
Mixmining Pool Mixmining Pool is the incentivized process within the Nym Mixnet, where Mix Nodes are rewarded for their role in mixing packets, effectively preserving user privacy.
Mix Nodes means the nodes on the Nym Mixnet that mix encrypted data packets and add micro timing delays making internet traffic untraceable. Mix nodes are rewarded based on their work of providing privacy by mixing packets and their reputation (their total bonded and delegated stake).
Network Requester means the nodes on the Nym Mixnet that allow Nym users to send outbound requests from their local machine through the Nym Mixnet to a server, which then makes the request on their behalf, shielding them (and their metadata) from clearnet, untrusted and unknown infrastructure, such as email or message client servers.
Node Operators means individual or entity that runs and operates Nym Node(s) as specified in these Terms.
Nym means Nym Technologies SA, place Numa-Droz 2, 2000 Neuchâtel, Switzerland.
Nym Mixnet means the multi-purpose mixnet that is designed to prevent traffic analysis by an adversary capable of watching the entire network, including the NSA.
Nym Node refers to a network endpoint or computing device within Nym's infrastructure. Nodes may encompass servers, routers, or any other designated computing entities forming part of the network. It designates specifically four node types: i) Mix Nodes, ii) Gateways, iii) Network Requesters, iv) Validators.
NYM Token means the identically named tokens, issued by Nym Technologies SA, designed to ensure fees are paid and rewarded proportionally to the amount of stake and work done mixing and signing.
Nym Network means a network of Nym Nodes that are used to run applications and provide the encryption and sending of traffic through the networks, including usage of the Nyx Blockchain, usage of the Nym Mixnet, and the usage of the network for VPN services without the mixing of traffic, as well as any other purpose.
NymVPN means the Nym VPN Application developed by Nym Technologies SA, which provides virtual private network services that incorporate blockchain technology to enhance online privacy and security by encrypting internet traffic and leveraging blockchain for secure authentication and record-keeping.
Nyx Blockchain means the Inter-Blockchain Communication Protocol and CosmWasm-enabled Cosmos blockchain that allows the usage of zk-nym anonymous credentials. The Nyx Blockchain supports the Nym network, hosts both the NYM and NYX cryptocurrencies, the CosmWasm smart contracts keeping track of the network, and facilitating zk-nym credential generation.
Software refers to any computer program, code, scripts, algorithms, and related materials, whether in object code, source code, or any other form, that are utilized in the operation, functioning, or management of the Nym Mixnet whether developed by Nym Technologies SA or an independent third party.
Validators means the whitelisted nodes that secure the Nyx blockchain via Proof of Stake consensus. The Nyx Blockchain records the ledger of NYM transactions and executes the smart contracts for distributing NYM rewards; the validators are run via the nyxd binary (codebase), maintaining a CosmWasm- and IBC-enabled blockchain.
VPN Services means the NymVPN's virtual private network services that incorporate blockchain technology to enhance online privacy and security by encrypting internet traffic, providing anonymity, and leveraging blockchain for secure authentication and record-keeping.
II. ACCEPTANCE
By becoming a Node Operator, you acknowledge and agree to comply with these Terms and all applicable laws and regulations.
You understand and agree that by accepting these Terms, either by clicking to signify acceptance, or by taking any one or more of the following actions, downloading, installing, running, and/or using the applicable Software, you agree to be bound by these Terms effective as of the date that you take the earliest of one of the foregoing actions.
In particular, you acknowledge that you have read and understood the clauses in these Terms relating to: Confidentiality; Intellectual Property; Representations And Warranties; Disclaimer Of Warranties; Limitations Of Liability; Indemnification.
By accepting these Terms, you confirm that your level of English is sufficient to understand the meaning of the terms contained in the English version of the Terms as well as all the commitments, warranties, waivers and obligations contained in the English version of the Terms.
Moreover, you represent and warrant that you are 18 years old or older and have the right and authority to enter into and comply with the Terms. If you are becoming a Node Operator on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
If you do not agree with these Terms, you should refrain from becoming a Node Operator of the Nym Network.
III. NODE OPERATOR SERVICES
Nym Node Operators provide network, validation, and authentication services to the Nym ecosystem that may incorporate mixnet technology to enhance online privacy and security by encrypting internet traffic to provide anonymity, and leveraging blockchain for secure authentication and record-keeping, and employing a set of entry and exit gateways to provide censorship-resistance for network traffic even when there is no mixing of traffic. Applications use the Nym mixnet to split and encrypt data into smaller packets, which can be mixed, rebuilt and decrypted on the receiving side and, additionally, may protect data and metadata with cover traffic and time delays.
In this context, you may take part in the running of Nym's infrastructure by implementing and providing Node Operator Services pursuant to these Terms. The Node Operator Services include the features and functionality applicable to the version of corresponding Software installed by Node Operator, including but not limited to Nym Nodes, Mix Nodes, Gateways, Network Requesters and Validators services. Nym may update the content, functionality, and user interface of the Node Operator Services from time to time.
Subject to these Terms, Nym grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable and royalty free license to (a) install the Software and (b) use such Software to participate in the Node Operator Services pursuant to these Terms. Software consists of open-source code and is made available to you pursuant to these Terms. Your use of Software is always conditioned upon your compliance with the terms of all applicable open-source license(s), including without limitation all provisions governing access to source code, modification, and/or reverse engineering.
IV. NODE OPERATORS' RESPONSIBILITIES
At all times during the term of these Terms or the period when you are running Nym Nodes, whichever is longer:
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You will use commercially reasonable efforts to set up a Nym Node on the Nym Network after your acceptance of these Terms (subject to extension by Nym in its sole discretion);
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You agree that your Nym Node will meet the minimum standards provided by Nym in the Nym Operators Guide and any other applicable documentation;
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you will comply with these Terms and our Privacy Policy and any other terms and conditions required by Nym in connection herewith, which may change from time to time, and the terms of all other agreements to which you are a party in connection with your performance under these Terms including, without limitation, any agreement you have with a third-party Internet service provider;
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you will operate the Nym Node(s) in strict compliance with these Terms and Nym will not be responsible for any action you may take that is not expressly authorized hereunder;
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you will comply with any applicable documentation, meaning any information provided by Nym or otherwise made available, and for satisfying all technical requirements;
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you will comply with the Nym Operators Guide and any related preliminary steps, prerequisites and recommendations, including but not limited to memory requirements and disks requirements;
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you will not disrupt or attempt to disrupt the Software or any other Nym ecosystem service for any reason, and you will not otherwise interfere with the operation of Software or any other Nym ecosystem software.
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you will not collect, monitor, record, log, store, retain, or pass on to any third party Nym Node information or any information or data relating to the activities of end users of NymVPN or the VPN Services.
V. REWARD SYSTEM
The detailed calculation, accessible at https://nymtech.net/operators, as updated from time to time, outlines the specifics of the NYM Tokens and rewards system for Nym Node Operators and Validators. The token document linked above is an integral part of the present Terms and is collectively binding upon all parties involved. In order to receive a reward, you may need to connect a separate cryptocurrency wallet that is supported by Nym (a "Wallet"). You will not be eligible to receive any NYM Tokens if you are (a) located in the United States or (b) a Prohibited Person (as defined in Section IX below). By reviewing a NYM Token, you represent and warrant that (a) you are not located in the United States and (b) are not a Prohibited Person.
Nym is not a custodian of or responsible for any of the digital assets in your Wallet. The rewards system described herein is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. You are solely responsible for your Wallets and we are not liable for any acts or omissions by you in connection with or as a result of your Wallet being compromised.
These Terms are not intended to, and do not create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
[The use of NYM Tokens on the Nym Network is to (a) provide access services by Node Operators including retrieval of data from off-chain data feeds, formatting of data into blockchain readable formats, and off-chain computation of data, or (b) serve as collateral for Node Operators when entering into certain agreements with smart contract users (collectively, "Token Utility"). You understand and agree that NYM Tokens received pursuant to these Terms (i) are intended to be and will be used in connection with Token Utility, (ii) are being earned solely in connection with their Token Utility and not earning NYM Tokens for any other purposes, including, but not limited to, investment or speculative purposes, and (iii) confers no rights of any form with respect to any entity associated with the Nym Network or any corporate affiliates of any such entity, including, but not limited to, any ownership, voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.]
VI. PROHIBITED ACTIONS
You will operate the Nym Nodes in strict accordance with these Terms and in no other manner. Without limiting the generality of the foregoing, you will not:
a. alter or remove, or permit any third party to alter or remove, any proprietary trademark or copyright markings incorporated in, marked on, or affixed to the Nym Mixnet, Nym Nodes, NymVPN or VPN Services;
b. access or use Software, Nym Mixnet, Nyx Blockchain or Nym Nodes: (i) in violation of applicable laws; (ii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; or (iii) in a manner that interferes with or disrupts the integrity or performance of the NymVPN, VPN Service, Nym Mixnet or Nyx Blockchain (or the data contained therein).
c. not to engage in any actions aimed at manipulating network responses in a manner that could compromise the integrity and security of the Nym Mixnet or Nyx Blockchain.
d. manipulate or otherwise falsify bandwidth allocation messages;
e. attempt to manipulate or falsify NodeID or otherwise bypass the proof of stake or proof of mixing process or any other messages used to verify the integrity and functioning of the Nym Network; and
f. in any other way attempt to interfere, impede, alter, or otherwise interact in any manner not expressly authorized hereunder with Nym Nodes, and;
g. engage in any activity that is illegal, unlawful, or prohibited by laws applicable in your jurisdiction or internationally.
Please note that this list is not exhaustive and additional actions may be considered inappropriate or unlawful.
VII. INTELLECTUAL PROPERTY
Except as expressly set forth herein, and except for any rights expressly granted under the Terms, Nym and its licensors own and shall retain all right, title, and interest in and to the NymVPN, VPN Services, Nym Mixnet, Software (including any improvements, enhancements, customizations, and modifications thereto), including, without limitation, all related intellectual property rights therein in accordance with the software publishing license. No rights are granted to Node Operators hereunder other than as expressly set forth in these Terms.
All Intellectual property rights not expressly granted herein are reserved by Nym. All copyright and other proprietary notices shall be retained on all reproductions.
VIII. REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant, and covenant that: (i) you own or control your device(s), and have the right to install Software pursuant to these Terms, and otherwise comply with all of your obligations under there Terms; (ii) you have full power and authority to enter into these Terms and comply with all terms hereof, and that doing so will not conflict with any obligation you may owe to any third party; (iii) you have the qualifications, skill, and ability to perform and will perform your obligations hereunder without the advice, control, or supervision of Nym; and (iv) you will at all times comply with applicable foreign, federal, state, and local laws, orders, rules, and regulations currently in effect or that may come into effect, including but not limited to those regarding data privacy and protection.
IX. EXPORT CONTROL AND SANCTIONS LAWS
You hereby represent, warrant, and covenant that:
a. neither you, nor any of your affiliates, nor, as applicable, any director, officer, employee, shareholder, agent, or representative of you or any of your affiliates is or shall become a Prohibited Person;
b. you, your affiliates, and, as applicable, your directors, officers, employees, agents, and representatives and those of your affiliates are and have been in full compliance with Export Control and Sanctions Laws, and shall not directly or indirectly engage in or facilitate any transaction, act, dealing, or practice in the provision of Node Operator Services or otherwise in connection with these Terms that could cause any party to these Terms, including Nym, to violate or be subject to penalty or any other adverse consequences under any Export Control and Sanctions Laws; and
c. you shall promptly notify Nym (i) in the event that you, any of your affiliates, or, as applicable, any of your directors, officers, employees, shareholders, agents, or representatives or those of your affiliates becomes a Prohibited Person; or (ii) of any other changes to or noncompliance with any representation, warranty, or covenant provided herein.
For purposes of this Section:
"Export Control and Sanctions Laws" means all applicable export control and economic sanctions laws and regulations imposed, administered, or enforced from time to time by (i) the U.S. government, including the Export Administration Regulations, the International Traffic in Arms Regulations, and the trade and economic sanctions regulations administered by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") and the U.S. Department of State; and (ii) the United Nations Security Council, the European Union, any European Union member state, the United Kingdom, and any other applicable governmental authority;
"Prohibited Person" means (i) any individual, entity, or wallet address that is the subject or target of any prohibition or restriction under Export Control and Sanctions Laws; (ii) the government, including any political subdivision, agency, or instrumentality thereof, of any Sanctioned Jurisdiction or Venezuela; (iii) any individual or entity located, organized, operating, or residing in any Sanctioned Jurisdiction; (iv) any individual, entity, or wallet address that has been identified on the OFAC Specially Designated Nationals and Blocked Persons List or Consolidated Sanctions List, or designated on any similar list or order published by the U.S. government or any other applicable governmental authority pursuant to Export Control and Sanctions Laws; and (v) any individual, entity, or wallet address owned or controlled by, or that acts for or on behalf of, any of the foregoing; and
"Sanctioned Jurisdiction" means, at any time, any country, region or territory which is itself the subject or target of comprehensive economic sanctions or embargoes under Export Control and Sanctions Laws, including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions of Ukraine.
X. DISCLAIMER OF WARRANTIES
NYM MIXNET, NYX BLOCKCHAIN, SOFTWARES AND OTHER APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "UNDER DEVELOPMENT" BASIS AND NYM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT AVAILABLE ON THE NYMVPN, NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE AND APPLICATIONS ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONTRACTUAL OR BINDING IN ANY WAY FOR NYM. YOU SHOULD NOT RELY UPON THIS CONTENT IN ANY WAY. NYM DOES NOT GIVE ANY WARRANTY IN RELATION TO ANY SOFTWARE OR APPLICATIONS INCLUDING NYM MIXNET, NYX BLOCKCHAIN, AND ASSOCIATED CONTENT NOR WITH ANY INFORMATION PUBLISHED, DISTRIBUTED OR MADE AVAILABLE BY NYM, IT'S AFFILIATED PARTIES OR ANY THIRD PARTY. NYM DOES NOT GUARANTEE THE ACCURACY OR LAWFULNESS OF ANY INFORMATION, SOFTWARE OR APPLICATIONS MADE AVAILABLE. NYM SHALL HAVE NO OBLIGATION TO VERIFY, UPDATE OR CORRECT SUCH SOFTWARE, APPLICATIONS, CONTENT OR INFORMATION. NYM RESERVES THE RIGHT TO DISCONTINUE ANY SOFTWARE AND/OR APPLICATIONS CONTROLLED BY NYM WITHOUT NOTICE. NYM DOES NOT REPRESENT OR WARRANT THAT THE USAGE OF THE NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE OR APPLICATIONS WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR ANY DEFECTS WILL BE CORRECTED. NYM DOES NOT REPRESENT OR WARRANT THAT NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE OR APPLICATIONS MADE AVAILABLE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE AND APPLICATIONS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR NODE OPERATOR SERVICES.
THE NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE OR APPLICATIONS MIGHT BE SUBJECT TO TEMPORARY DOWNTIME FROM TIME TO TIME, WHICH WILL RESULT IN THE NODE OPERATOR SERVICES NOT BEING AVAILABLE FOR A CERTAIN PERIOD OF TIME. WE DO NOT WARRANT NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE AND APPLICATIONS OPERATE UNINTERRUPTED OR ERROR FREE.
XI. LIMITATIONS OF LIABILITY
THESE TERMS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE NYM MIXNET, NYX BLOCKCHAIN, SOFTWARE AND APPLICATIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECOMING A NODE OPERATOR IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT POSSIBLE BY LAW, THE NYM PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF RESPONSIBILITY OR LIABILITY, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF DATA, USE, OR PROFITS; BUSINESS INTERRUPTIONS; OR ANY OTHER DAMAGES OR LOSSES), FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES, OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS' FEES), WHETHER UNDER THESE TERMS OR OTHERWISE, ARISING IN ANY WAY IN CONNECTION WITH YOUR NODE OPERATOR SERVICES OR THESE TERMS, WHETHER ARISING AT LAW, IN EQUITY, OR OTHERWISE, AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), COMMON LAW, STATUTE, EQUITY, OR OTHERWISE, EVEN IF THE NYM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, NYM SHALL NOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE, LOSS, DELAY, OR INCONVENIENCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO WAR, THREAT OF WAR, RIOTS, CIVIL STRIFE, OR TERRORIST ACTIVITY, INDUSTRIAL DISPUTES, NATURAL OR NUCLEAR DISASTERS, FIRE, AIRPORT CLOSURES, BAD WEATHER CONDITIONS, INTERRUPTION OR FAILURE OF A UTILITY SERVICE OR THE ACTS OF ANY LOCAL OR NATIONAL GOVERNMENT.
XII. INDEMNIFICATION
To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless Nym, and any parents, subsidiaries, or third-party contractors and each of their respective directors, officers, employees and agents (collectively, the "Nym Parties") from and against all third party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys' fees) caused by, arising out of or related to (a) your use of Software; (b) your participation in the Node Operator Services hereunder; (c) any feedback you provide; (d) your breach and violation of any of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by Nym; or (e) your violation of any applicable law or any rights of any third-party. Nym reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Nym's defense of such matter. You may not settle or compromise any claim against the Nym Parties without Nym's written consent.
XIII. RELEASE OF CLAIMS
You expressly agree that you assume all risks in connection with your access and use of the Software, Applications, Nym Network, Nyx Blockchain, any of Nym's products or services hereunder. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Software, Applications, Nym Network, Nyx Blockchain, or any of Nym's products or services hereunder.
XIV. RESERVATION OF RIGHTS
If you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for Nym. Nym reserves the right to initiate legal proceedings against any person for fraudulent use of the Node Operator Services and any other unlawful acts or acts or omissions in breach of these Terms.
Notwithstanding anything to the contrary, Nym may in its sole discretion discontinue its ongoing support for the Software and/or Applications. You agree and acknowledge that (i) any discontinuance of support for the Software and/or Applications and/or (ii) any restriction or termination of your Node Operator Services due to a violation of these Terms may be effected without prior notice and at Nym's sole discretion. Further, you agree that Nym will not be liable to you or any third party for any such discontinuance, termination or restriction.
XV. NO WAIVER
Nym's failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
XVI. NOTICES
Notices to Nym made under these Terms shall be made by email to legal@nymtech.net or in writing to Nym Technologies SA, place Numa-Droz 2, 2000 Neuchâtel, Switzerland. For notices sent via email, you must promptly request a read or delivery confirmation from the recipient and the notice shall be deemed effective upon such confirmation.
You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Node Operator Services. We may provide such communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on the Nym's website. You agree that all such communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XVII. CHANGES TO THE TERMS
Nym may, at its sole discretion, change or modify these Terms from time to time and will post the most current version on its website and Github. Your continued use of Nym Mixnet, Nyx Blockchain, Software and Node Operator services after the date any such changes or modifications become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you will stop providing Node Operator services and cease all use of the Software and Applications.
XVIII. ENGLISH VERSION
If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy are provided only for your convenience.
XIX. SURVIVAL
Notwithstanding any provision of these Terms to the contrary, the
following sections shall survive any change in the Node Operator's
status, including but not limited to suspension, blocking, or cessation
of running Nym Nodes: all defined terms and Sections VI. PROHIBITED
ACTIONS; VII. INTELLECTUAL PROPERTY; VIII. REPRESENTATIONS AND
WARRANTIES; IX. EXPORT CONTROL AND SANCTIONS LAWS, X. DISCLAIMER OF
WARRANTIES; XI. LIMITATIONS OF LIABILITY; XII. INDEMNIFICATION;
XIII. RELEASE OF CLAIMS; XIV. RESERVATION OF RIGHTS; XV. NO WAIVER;
XVII. CHANGES TO THE TERMS; XIX. SURVIVAL; XX. JURISDICTION AND
GOVERNING LAW.
XX. JURISDICTION AND GOVERNING LAW
These Terms and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.
XXI. DISPUTE RESOLUTION BY ARBITRATION
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NYM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Agreement to Arbitrate
This Dispute Resolution by Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Nym, whether arising out of or relating to these Terms (including any alleged breach thereof), the Software, Applications, Nym Network, Nyx Blockchain, any of Nym's products or services hereunder, or any aspect of the relationship or transactions between us, except any dispute or claim in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Nym are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND NYM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NYM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Nym is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at legal@nymtech.net. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Nym should be sent to Nym Technologies SA, place Numa-Droz 2, 2000 Neuchâtel, Switzerland ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Nym and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Nym may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Nym or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Nym is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force (collectively, the "Swiss Rules"), as modified by this Arbitration Agreement. There shall only be one arbitrator. The language to be used in the proceedings shall be English. If there is any inconsistency between any term of the Swiss Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Nym and you agree otherwise, any arbitration hearings will take place in Neuchâtel, Switzerland. If your claim is for $10,000 or less, Nym agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Swiss Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the Swiss Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the Swiss Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Nym or you under the Swiss Rules, Nym and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Nym will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nym will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the Swiss Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Nym agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are participating as a Node Operator hereunder, you may reject any such change by sending Nym written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
XXII. ASSIGNMENT
You may not assign these Terms without the prior written consent of Nym, but Nym may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, these Terms will be binding on the parties and their successors and assigns.
XXIII. CONTACT
To ask questions or make comments on these Terms or to make a complaint about our compliance with applicable laws, please contact us through:
a. our contact form available on our website: https://nymtech.net/
b. our email address: legal@nymtech.net; or
c. our address: Nym Technologies SA, place Numa-Droz 2, 2000 Neuchâtel, Switzerland.
We will use commercially reasonable efforts to acknowledge and investigate any legitimate complaint pursuant to these Terms.
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