These Terms of Service (“Terms”) apply to the mobile “Pocket Node” application (“App”), www.pocketnode.net (“Site”) and other digital services offered by or on behalf of Distributed Labs OÜ (“Node”), a company duly incorporated under the laws of Estonia (collectively, the “Services”). In these Terms, you are referred to as “you” or “your” and Pocket Node is sometimes referred to as “we,” “our” or “us.”
The Services provide software tools for users to access and manage various features and functions related to digital assets including tokens, cryptocurrencies, virtual currencies or any other digital assets you own that are supported by the Services (collectively, “Digital Assets”), including interfacing with third party sources for certain information regarding the value of Digital Assets. The Services do not purchase, sell, store or exchange Digital Assets. We do not recommend that you use the Services unless you are familiar with Digital Assets, Blockchain technology and can securely store your own private key. The App includes information about various Digital Assets, however, such inclusion or availability of information does not imply endorsement by Node of such Digital Assets or any association with the operators of the Digital Assets. Node includes or makes such information available for your convenience only. You understand and accept the inherent security risks of using the Internet.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT:
If you are using our Services on behalf of a business, then you affirm to Node that you are authorized to agree to these Terms on behalf of the business.
If you do not agree to these Terms, then you must not use the Services.
The Effective Date of these Terms is set forth at the top of this page. As we add new features or for other legal, business, or regulatory reasons, we may revise or supplement these Terms, at which time we will update the Effective Date. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of agreements, notices or statements about these Terms.
Node and its licensors retain full and complete title to all information and materials provided by Node and its licensors on or through the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Pocket Node Content”). For purposes of clarification, Pocket Node Content is part of the Services. All trademarks are the property of their respective owners.
If you agree to these Terms, then you may download, print and/or copy the Services solely for your own personal use.
Except for content that is in the public domain or unless Node provides you with written authorization to do so, you may not:
Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the Services are accurate, complete or up to date. Except as required by law, Pocket Node disclaims any duty to update the information included on the Services. All information on the Services is subject to change without notice.
You do not acquire any right or interest in the Services, except for the limited use right expressly stated in these Terms. If you access and use the App, then Pocket Node grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile smartphone and/or tablet device owned or controlled by you (your “Device”) on the terms and conditions set forth in these Terms.
You are responsible for the software, Device and other hardware, Internet service and mobile data service (and all associated fees) that you need to access and use the Services. We do currently charge a fees for the Services and reserve the right to increase or decrease it in the future.
To access and use the Services, you must be a resident of a country that permits cryptocurrency and blockchain use. This is your individual responsibility and not Pocket Node’s. While also being the age of majority or older in your state or country of residence.
You may be required to create an account (“Account”) to use certain features of the Services. When you create an Account, you must comply with the verification and setup process in order to use these Service features. You agree you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
Once you create an Account, the Services will allow you to create one or more masternodes that will enable you to review information and track the value of your Digital Assets (each, a “Masternode”). The Masternode is part of the Services. You may create more than one Masternode and may store such Masternode(s) on your Device(s).
You agree to protect the security of your Account and your Device. You are also solely responsible for placing security measures on your Device. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Pocket Node treats access to the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Please immediately notify Pocket Node using the contact information below if you believe that information you provided to us is no longer secure or if you need to deactivate your Account or password.
As long as you are in compliance with these Terms, you may store your private key on your Device. Pocket Node does not have access to or store your private key, and it is not stored on any system or server owned or controlled by Pocket Node. For this reason, you must back up your private key information, including your 24 word passphrase. If you lose your private key, since Pocket Node does not have access to it, Pocket Node cannot recover it for you without having the 24 word passphrase. As such, if you lose your private key, you may permanently lose access to your Digital Assets.
The Services do allow you to hold, receive, store, transfer, and transmit many cryptocurrencies. The Services do not allow you to buy, sell, or exchange Digital Assets or permit Pocket Node to do so on your behalf. While Pocket Node provides the Services for you to review and track value information regarding the Digital Assets associated with your Masternodes and to store your private key on your Device, it is your responsibility to make sure they are protected. You agree not to attempt to deposit with a Wallet/Masternode any cryptocurrency, token or other digital asset that is not a Digital Asset or is not otherwise supported by the Services.
The list of Masternodes supported by the Services may be updated or modified from time to time in our sole discretion and is located here www.pocketnode.net.
We do not guarantee availability of the Services at all times of the day. We will make our best effort to have uninterrupted service. The availability of the Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications, blockchain network congestion or network issues, all of which are out of the control of Pocket Node.
Pocket Node may from time to time perform upgrades, updates, bug fixes, or error corrections to the Services ("Updates") or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to or stop providing any or all of the Services at any time and without notice. Except as expressly agreed in writing, Pocket Node has no obligation to provide access to or support for the Services and is not responsible for any delay, delivery failure or other damage resulting from use of the Services. Updates are part of the Services and subject to these Terms. Your continued use of the Services after the Effective Date constitutes your acceptance of the Updates.
Based on your Device settings, when your Device is connected to the Internet either the App will automatically download and install all available Updates or may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates to ensure that the App operates properly.
You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
The Services may offer text messaging (SMS or MMS) services for registered users. Message and data rates may apply. Once you opt-in to receive text messages from Pocket Node, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
By agreeing to receive text messages, you understand and agree that Node may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
Pocket Node may from time to time offer areas in the Services where you and other users can share with the Node team or other user’s suggestions, ideas or other user-created content (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. By submitting a Submission, you represent and warrant that:
You acknowledge and agree that Pocket Node has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allow posting of any Submission. NODE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
We may, at any time and in our sole discretion, add or remove functionalities or features of the Services. We may suspend or discontinue certain Services altogether.
You can stop using the Services at any time. You may terminate your Account at any time for any reason effective upon written notice to Pocket Node. Pocket Node reserves the right immediately to suspend or terminate your Account and access to the Services without notice if Pocket Node believes you violated these Terms. Upon termination, (a) all rights granted to you under these Terms will also terminate; and (b) you must cease all use of the Services and delete all copies of the App from your Device. Termination will not limit any of Pocket Node’s other rights or remedies.
Any provision that is by its terms intended to survive termination shall survive termination of these Terms.
Using Digital Assets-related software, applications and services necessarily entails many risks. We specifically disclaim and have no liability to you for the following risks: (a) operating system failures of your Device; (b) interactions between your Device and the Services; (c) viruses, malware or other malicious software on your Device; (d) communication delays between the Services and a node or relay service for Digital Assets asset (and vice versa); (e) failure to achieve a certain market value and/or price for Digital Assets; (f) theft of or inability to access Digital Assets; or (g) system or network availability or availability of or access to the Services.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POCKET NODE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, DISTRIBUTORS AND SERVICE PROVIDERS (“NODE PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, POCKET NODE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE NODE PARTIES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR POCKET NODE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Node Parties and their respective successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is: Distributed Labs OÜ of Estonia. If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of Legal Department.
The Services also may contain links to other websites or online services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of Pocket Node and Pocket Node is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Pocket Node of the Linked Services, any cryptocurrencies or Digital Assets, or any association with the operators of the Linked Services. Pocket Node does not investigate, verify or monitor the Linked Services. Pocket Node provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
If you download any of Node Enterprise’s Apps from a third-party app store (the “App Platform”), you acknowledge and agree that:
You agree that your electronic signature to these Terms is intended to authenticate this writing and to have the same force and effect as your manual signature. For purpose of these Terms, your electronic signature is any electronic sound, symbol or process attached to or logically associated with these Terms and executed and adopted by either party with the intent to sign these Terms.
The Services are based in Singapore and are provided for access and use only by persons located in certain states, countries, and territories (collectively, “Permitted Regions”). You acknowledge that you may not be able to access all or some of the Services or particular features of the Services outside of Permitted Regions and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside a Permitted Region, you are responsible for compliance with local laws.
These Terms are governed by and will be construed under the laws of Estonia without regard to the conflicts of laws provisions thereof. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Estonia in all disputes (a) arising out of, relating to, or concerning the Services and/or these Terms, (b) in which the Services and/or Terms is or are at issue or a material fact, or (c) in which the Services and/or Terms is or are referenced in a filing with a court, tribunal, agency or other dispute resolution organization.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND POCKET NODE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at: firstname.lastname@example.org