Helioq NodeX Terms of Service
Last updated
Last updated
Last Updated: Jan 16, 2025
These Terms of Service (“Terms”) govern your access to and use of Helioq NodeX (“NodeX” or “Product”), which may include any hardware devices, firmware, software, or services provided by Helioq Inc. (“Helioq,” “we,” “us,” or “our”). By purchasing, deploying, or otherwise using NodeX, you (“user,” “you,” or “your”) agree to be bound by these Terms. If you do not agree with these Terms, you may not use NodeX.
1.1 Binding Agreement These Terms constitute a legally binding agreement between you and Helioq Inc. regarding your use of NodeX. By installing, operating, or otherwise using NodeX, you acknowledge that you have read, understood, and agree to abide by these Terms as well as our and any other applicable Helioq policies.
1.2 Updates & Amendments We reserve the right to modify or update these Terms at any time. In the event of a material change, we may post a notice on our website or within associated software interfaces. Your continued use of NodeX after these notices go into effect constitutes acceptance of the updated Terms.
“NodeX” refers to the hardware, software, firmware, and services associated with Helioq’s NodeX product line.
“Node Operator” refers to an individual or entity that deploys and manages NodeX.
“Services” refers to Helioq’s infrastructure, APIs, websites, or cloud-based tools that support NodeX.
3.1 Legal Capacity You must be at least 18 years old (or the age of majority in your jurisdiction) to operate NodeX. By using NodeX, you represent and warrant that you meet this requirement.
3.2 Compliance with Laws You are responsible for complying with all applicable local, state, federal, and international laws and regulations that govern the use of NodeX, including but not limited to those related to data privacy, export controls, cryptocurrency operations, and hosting services.
3.3 Business Entities If you are deploying NodeX on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
4.1 Limited License Subject to these Terms, Helioq grants you a limited, non-exclusive, non-transferable license to use NodeX (including any software or firmware) solely for its intended purposes as defined by Helioq. You may not distribute, sublicense, rent, lease, or otherwise commercialize NodeX without our prior written consent.
4.2 Authorized Use You agree to use NodeX in a manner consistent with:
The documentation and instructions provided by Helioq.
Any additional user agreements or acceptable use policies we may provide.
4.3 Prohibited Activities You agree not to:
Reverse Engineer: Disassemble, decompile, or otherwise attempt to derive source code or underlying technology.
Tamper or Modify: Alter, bypass, or disable any security or digital rights management features.
Illegal or Harmful Purposes: Use NodeX for any purpose that is unlawful, fraudulent, or infringes on the rights of others.
Abusive Network Use: Interfere with or disrupt any networks, servers, or third-party services used by or connected to NodeX.
5.1 Hardware Requirements Certain NodeX products may require specific hardware components, power and cooling, or internet connectivity. You are responsible for providing and maintaining these requirements. Helioq is not liable for performance issues caused by inadequate infrastructure.
5.2 Software Updates & Maintenance Helioq may periodically release software or firmware updates for NodeX. You agree to install such updates promptly to ensure optimal performance and security. Failure to install updates may result in reduced functionality or security risks, for which you assume full responsibility.
5.3 NodeX Performance & Rewards In some deployments, NodeX may participate in a decentralized network, blockchain, or Web3 ecosystem. Any rewards or cryptocurrencies generated (e.g., “mining rewards,” “staking rewards,” “transaction fees”) are not guaranteed and may vary based on network conditions, NodeX performance, and other external factors beyond Helioq’s control.
5.4 Resource Consumption Operating NodeX may increase your usage of electricity, bandwidth, or other resources. You are solely responsible for any associated costs.
5.5 Backup & Data Protection You are responsible for backing up any data, configurations, or wallet credentials stored on or related to NodeX. Helioq is not liable for lost data or the inability to recover wallet access due to user negligence or hardware failure.
6.1 Volatility & Risk Cryptocurrencies and blockchain-based assets are subject to substantial volatility and uncertainty. You acknowledge that the value of any rewards or tokens earned from NodeX may fluctuate or become worthless, and Helioq has no control or liability regarding these fluctuations.
6.2 Regulatory Compliance Cryptocurrency and blockchain activities may be regulated in your jurisdiction. You are responsible for understanding and adhering to all applicable legal and regulatory requirements, including securities, money transmission, taxation, and anti-money laundering laws.
6.3 No Financial or Investment Advice Helioq does not provide any financial, investment, or legal advice. Any data or analytics provided by NodeX are for informational purposes only. You assume full responsibility for any decisions you make based on such information.
7.1 Ownership All intellectual property rights in NodeX (including software, documentation, and branding) belong to Helioq or our licensors. Nothing in these Terms transfers ownership of any Helioq intellectual property to you.
7.2 Feedback If you provide feedback, suggestions, or ideas regarding NodeX, you grant Helioq a non-exclusive, royalty-free, worldwide, irrevocable license to use, reproduce, modify, and otherwise incorporate such feedback into our products and services.
8.2 NodeX Telemetry & Usage Data NodeX may collect telemetry or usage data (e.g., performance metrics, error logs) that could be transmitted to Helioq’s servers for diagnostics and improvement purposes. By using NodeX, you consent to such data collection and processing.
8.3 User-Generated Data You are responsible for ensuring that any data you process or transmit through NodeX (including personal or sensitive data) is handled in accordance with all applicable laws, including data protection and privacy regulations.
9.1 “As Is” & “As Available” NodeX is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. Helioq expressly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
9.2 No Guaranteed Uptime or Rewards We do not guarantee NodeX’s uninterrupted or error-free operation, nor do we guarantee the accrual of any rewards, tokens, or cryptocurrencies.
9.3 External Integrations NodeX may interface with external networks, blockchain protocols, or third-party services. Helioq is not responsible for any failure, security breach, or downtime caused by these third-party integrations.
To the maximum extent permitted by law, Helioq Inc., its affiliates, and their respective officers, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use (or inability to use) NodeX. In no event shall our cumulative liability exceed the amount you paid to Helioq (if any) for NodeX in the six (6) months preceding the event giving rise to liability.
You agree to indemnify, defend, and hold harmless Helioq Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your breach of these Terms.
Your misuse or unauthorized use of NodeX.
Your violation of any applicable law, regulation, or third-party right (including intellectual property rights).
12.1 Termination by You You may stop using NodeX at any time. However, if you have an active subscription or service plan, termination may be subject to any applicable cancellation policies or fees.
12.2 Termination by Helioq We reserve the right to suspend or terminate your license and access to NodeX at any time for any reason, including if we believe you have violated these Terms, if required by law, or if continuing to provide services to you poses an unacceptable risk to Helioq or its users.
12.3 Effect of Termination Upon termination:
You must cease all use of NodeX, including removing or disabling any related software or services.
Sections related to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive any termination.
13.1 Governing Law These Terms are governed by and construed in accordance with the laws of State of Delaware, without regard to its conflict of law principles.
13.2 Arbitration Any dispute arising out of or relating to these Terms or the use of NodeX shall be resolved by final and binding arbitration administered by American Arbitration Association (AAA), and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
13.3 Class Action Waiver You agree that disputes against Helioq will be handled on an individual basis. You will not join a class action, consolidated action, or representative action in arbitration or otherwise seek to bring claims on behalf of others.
14.1 Entire Agreement These Terms, along with any referenced policies (e.g., Privacy Policy), constitute the entire agreement between you and Helioq regarding NodeX and supersede any prior agreements or communications.
14.2 Severability If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 No Waiver Helioq’s failure or delay in enforcing any provision of these Terms does not constitute a waiver of such provision or any other provision.
14.4 Assignment You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
14.5 Force Majeure We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, such as natural disasters, governmental actions, or internet disruptions.
If you have any questions or concerns about these Terms or NodeX, please reach out to us at:
Email: support@helioq.com
By purchasing, installing, or operating Helioq NodeX, you acknowledge that you have read, understood, and agree to these Terms of Service.
8.1 Privacy Policy Your use of NodeX is also governed by our , which describes how we collect, use, store, and share your personal data.