Terms and Condition In-House Node
Explore the detailed terms and conditions governing your use of Homnifi's In-House Node. Stay informed about hardware policies and legal guidelines.
1. INTRODUCTION
These Terms and Conditions ("Terms") govern the use of the In-House Node (“Computer Device”) manufactured and provided by Horys Technologies LTD ("Company", "we", "us" or "our") and the connected services (“Services”) and made available through the Homnifi Platform (“Platform”, referring to the domain https://homnifi.com/), a web platform offered by Homnifi International LTD (“Homnifi”). By purchasing or renting our hardware, you ("User") agree to comply with these Terms. If you do not agree, you must immediately cease using the Computer Device and Service.
These Terms explain how the User may use the Computer Device and the Services. The User shall read these Terms carefully before using the Computer Device and the Services. By accessing or using the Computer Device and the Services, Users agree to abide by these Terms and explicitly acknowledge and accept the potential risks linked to the use of the Computer Device. The Company holds no responsibility for any adverse outcomes resulting from the Users Computer Device and Services usage.
These Terms apply in conjunction with Homnifi's Terms and Conditions, Privacy Policy and remaining relevant documentation available at https://docs.homnifi.com/. These Terms are governed by the laws of the British Virgin Islands.
Last Updated: October 2024
2. USER ACCESS AND COMPUTER DEVICE MANAGEMENT
2.1. Computer Device Access
Users will have access to their In-House Node through a virtual private server (“VPS”) environment. This access will be restricted to a secure shell environment that allows Users to view the status and technical information of their assigned Computer Device. Users will not have the ability to perform any administrative operations or changes to the root-level infrastructure.
2.2. Root Access Restrictions
For security reasons, root access to the Computer Device will not be provided. This measure ensures the protection and integrity of the system’s architecture and prevents any unauthorised alterations that may affect the operation of the Computer Device or the entire network.
2.3. Information Access Limitations
Certain system settings and configurations will be restricted from User access to maintain the security and operational stability of the server environment.
2.4. User Eligibility and Legal Capacity
To use the Computer Device and the Services, Users must be at least 18 (eighteen) years old (or the age of majority in your jurisdiction) and legally capable of entering into binding contracts. If you are a legal entity, you must have the necessary corporate authority to agree to these Terms. By using our Computer Device and Services, Users confirm that they meet this requirement.
3. HOSTING, MAINTENANCE, AND TECHNICAL SUPPORT
3.1. Hosting Service
The Company will provide the necessary infrastructure and support to ensure continuous operation of the Computer Devices and the Services with a target of 24/7 uptime. This uptime commitment applies solely to the Cloud Computing Service- and the associated operating environment and excludes, among others, any disruptions caused by external factors or third-party services, as well any Platform related support, Platform’s outages and Platform’s maintenance.
3.2. Third-Party Service Interference
The Company is not liable for any third-party services connected to the Computer Device or the Services. If any third-party services affect the performance or require manual intervention (such as restarting or reinstallation of the Computer Device), the Company will not be held responsible for any resulting downtime or Service disruptions.
3.3. Maintenance and System Outages
Regular system maintenance, software updates, and preventative measures will be implemented to minimise downtime. Users acknowledge and accept that technical disruptions, including system outages, may occur due to routine maintenance, technical faults, or force majeure events. The Company will make reasonable efforts to minimise the impact of such disruptions.
4. COMPUTER DEVICE AND SERVICE FEES
The following table outlines the fees associated with the In-House Node Service. Users are responsible for covering the costs as outlined below:
XK 100
Included
5 USD
XK 500
Included
25 USD
XK 1000
Included
50 USD
XK 5000
Included
100 USD
XK 10000
Included
250 USD
XK 25000
Included
500 USD
XK 50000
Included
1000 USD
These fees are reflective of the maintenance, operational support, and usage of the Computer Device and the Services provided by the Company. The first-year costs are included with the purchase, while the yearly costs are applicable from the second year onward.
5. PUBLIC IP ALLOCATION AND USAGE
5.1. IP Address Allocation
Each Computer Device will be assigned a unique public IP address for the duration of the rental period. The IP address remains the property of the Company, and Users are responsible for managing their allocated IP address in compliance with these Terms and applicable laws.
5.2. Lawful Usage
Users must ensure that their use of the public IP address complies with all applicable local and international laws, including but not limited to data protection, anti-spam, and intellectual property laws.
6. SECURITY AND PRIVACY
6.1. Security Measures
The Company is committed to providing a secure environment for all VPS services. This includes implementing firewalls, intrusion detection systems, encryption, and periodic security audits. However, Users are also responsible for ensuring that they follow best security practices, including using strong passwords and safeguarding their access credentials.
6.2. Reporting Security Breaches
Users are required to promptly report any suspicious activity or potential security breaches to the Company support@horystech.com. Any delays in reporting could affect the Company's ability to mitigate risks and address the issue efficiently.
7. ACCEPTABLE USE POLICY
7.1. Compliance with Laws
Users must adhere to all applicable laws and regulations when using the VPS services provided with the Computer Device. This includes complying with intellectual property, data protection, anti-fraud, and anti-spam regulations.
7.2. Prohibited Uses
The use of the Computer Device for unlawful purposes, including but not limited to hacking, spamming, distributing malware, or any unauthorised activities, is strictly prohibited. The Company reserves the right to investigate and take action against Users engaged in prohibited activities, including suspension or termination of Services.
8. SERVICE LIMITATIONS AND LIABILITY
8.1. Service Limitations
While every effort will be made to ensure the reliability and uptime of the Computer Device, disruptions may occur due to maintenance, technical faults, or factors beyond the Company’s control. The Company shall not be liable for any data loss, downtime, or damages resulting from user actions, misuse, or third-party interference.
8.2. Third-Party Connections
The Company is responsible for ensuring the functioning of the Computer Device but is not liable for any connections or configurations made by third-party providers on the Computer Device. Users acknowledge that external connections may introduce risks or complications beyond the Company’s control.
9. COMPUTER DEVICE RELOCATION POLICY
9.1. Warehouse Access Restrictions
For security and safety reasons, Users are not permitted to physically visit the warehouse facilities where the Computer Devices are housed. These facilities operate within a highly advanced and secure environment, and access is restricted to authorised personnel only.
9.2. Computer Device Relocation Requests
Users wishing to relocate their Computer Device from the warehouse to their home or another location must submit a formal request to the Company. Upon approval, an identical version of the Computer Device in operation may be provided for relocation. The terms and conditions for such relocations will be provided upon request.
10. DATA PRIVACY
The collection and use of Users’ personal data is governed by the Privacy Policy available at https://docs.homnifi.com/legal-docs/privacy. By using the Computer Device and the Services, Users consent to our collection, processing, and use of personal data in accordance with the aforementioned Privacy Policy. The Company takes all necessary steps to protect User data but cannot guarantee that unauthorised third parties will not be able to circumvent our security measures.
11. WARRANTIES DISCLAIMER
11.1. The Company provides the Computer Device and the Services “as is” and “as available” and makes no warranties of any kind, express or implied, regarding its functionality, merchantability, security, reliability, fitness for a particular purpose or non-infringement. Users assume all risks associated with the use of the Computer Device and the Services.
11.2. The Company does not warrant that (i) the Computer Device will function uninterrupted, secure, or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Computer Device is free of viruses or other harmful components; (iv) any content and data will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Computer Device and the Services will be accurate or reliable; or (vi) the results of using the Computer Device and the Services will meet Users’ requirements or expectations. Users assume all risks associated with the use of the Computer Device or the Services, including but not limited to the risk of data loss or exposure due to security breaches or software bugs.
12. LIMITATION OF LIABILITY
12.1. To the fullest extent permitted by law, the Company and itsaffiliates, officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to Users use or inability to use the Computer Device or the Services, including but not limited to loss of revenue, profits, data or assets, even if the Company has been advised of the possibility of such damages.
12.2. In no event shall the Company’s total liability exceed the greater of the amount of fees a User has paid for the Computer Device and the Services in the last 12 (twelve) months regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.
13. INDEMNIFICATION
13.1. Users (herein referred to as the “Indemnifying Parties”) agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees and agents (herein referred to as the “Indemnified Parties”) from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to their (i) use of the Computer Device or the Services, (ii) violation of applicable laws, regulations, or governmental requirements or (iii) breaches of these Terms or infringement of any rights of another.
13.2. The Indemnifying Parties indemnification obligations are contingent upon the Indemnified Parties:
13.2.1. Promptly notify the Indemnifying Party of any claim or potential claim subject to indemnification;
13.2.2. Cooperating fully with the Indemnifying Party in the defence or settlement of any such claim; and
13.2.3. Allowing the Indemnifying Party to control the defence and settlement negotiations, provided that the Indemnifying Party acts reasonably and in good faith.
13.3. This indemnification clause shall survive the termination or expiration of these Terms. The Indemnifying Parties indemnification obligations herein are not subject to any limitation of liability or exclusion of consequential damages set forth in these Terms. This clause is a material provision of these Terms, and both parties acknowledge and agree to its significance.
14. FORCE MAJEURE
The Company shall not be held liable for any failure to comply with these Terms due to circumstances beyond its reasonable control, including but not limited to governmental actions, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labour disputes, accidents, civil or military disturbances, or other catastrophic events. In no Force Majeure event shall the Company be responsible for inaccuracies, errors, delays, omissions, service disruptions, or interruptions in the Computer Device or the Services, whether in transmission or delivery of information as required by these Terms.
15. TERMINATION OF SERVICE
15.1. User-Initiated Discontinuation
Users may discontinue their use of the Services by taking the Computer Device offline. If the Computer Device remains offline for a maximum period of 2 (two) months, the Company will consider the Service inactive and may suspend it.
15.2. Service Suspension and Abandonment
Following suspension, Users will have an additional 2 (two) months to reclaim their Computer Device. If the Computer Device is not reclaimed within this period, it will be considered abandoned,and the Company will assume ownership of the Computer Device, with the User forfeiting all rights to it.
15.3. Company-Initiated Termination
The Company reserves the right to terminate Services for Users found in violation of these Terms or engaging in illegal or unauthorised activities. Termination will result in the suspension of access to the Computer Device and any associated Services.
16. AMENDMENTS TO TERMS
16.1. Amendments and Updates to Terms
The Company is consistently engaged in the ongoing development and improvement of the Computer Device and the Services and reserves the right to unilaterally amend or update these Terms at any time. We will post any updates of the Terms to the Platform. Continued use of the Computer Device and the Services constitutes acceptance of the modified Terms.
16.2. Effective Date of Amendments and User Responsibility
Amendments to these Terms will take effect immediately upon posting on the Platform. It is the Users’ responsibility to review these Terms regularly to ensure they are aware of any changes.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. Governing Law
These Terms are governed by and construed in accordance with the laws of the British Virgin Islands without regard to conflict of law principles.
17.2. Jurisdiction
Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.
18. CONTACT INFORMATION
For any questions or concerns related to these Terms or the use of the Computer Device or the Services, please contact support@horystech.com.
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