Welcome to OpenNode!
This agreement was written in English (USA), to the extent any translated version of this agreement conflicts with the English version, the English version controls.
OpenNode is a multi-layered bitcoin payment processor for merchants. Easily accepting bitcoin with instantly confirmed transactions and low fees has not been possible… until now. We're here to put bitcoin adoption into overdrive by allowing everyone to seamlessly experience Lightning.
These Terms of Service ("Terms") govern the use of the OpenNode services, including OpenNode's website, OpenNode's mobile applications, and any websites (or portions thereof) or mobile applications that are operated by OpenNode (collectively, the "Services"), and are entered into by system Users, ("System User, or Members") and OpenNode inc., a Delaware corporation.
"OpenNode" is a platform which makes possible for merchants and individuals to process and receive payments in bitcoin. OpenNode is under the management of OneNote Inc. with a Delaware Corporation registered at address 251 Little Falls Drive, Wilmington, Delaware, New Castle county. Depending upon the context, "OpenNode" may also refer to the services, products, website, content or other materials (collectively, "Services") provided by OpenNode.
OpenNode allows merchants and individuals processing payments in bitcoin. The purpose is essentially to remove all barriers for anyone looking to participate in the future of currency exchange. Cryptocurrency types are subject to change without notice. Registered Users of OpenNode ("Members") may also transfer their bitcoins outside of the System.
By opening an Account with OpenNode, you expressly warrant:
You have accepted these Terms and Conditions;
You are at least 18 years of age and have complete capabilities to accept these Terms and enter into a transaction involving cryptocurrencies;
To use our services, or to access this site or some of the resources it has to offer, you may be asked to provide registration details in order to register a User account (" User Account" or " account"). It is a condition of use of this site and our services that all the details you provide are correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account;
You may only act on your own behalf. You may not use your account to act as an intermediary or broker for any person or entity. You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself;
Your account must not contain misleading or fraudulent information, including, but not limited to having a non-personal phone number. Creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents is prohibited.
To use Services provided by OpenNode you may need to fulfil certain legal obligations in your country and/or state of residence. Depending on your country of residence, there may be restrictions in the legal jurisdiction of your residence that may affect your capacity use some, any or all the functions of the System. By accepting these terms and services, you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations.
OpenNode does not offer the use of its services in certain jurisdictions so by accepting these terms of service, you confirm that you are not a resident or governed by the laws the United States and regulations of any of the following countries Click here
You agree to pay OpenNode the fees for processing transactions completed via our Services ("Fees"). Such Services are made available via the fee schedule available at https://opennode.co/pricing. The Fees are subject to change without notice, at any time and User is responsible with keeping abreast of any changes prior to transacting.
OpenNode is hereby authorized by You to charge or deduct funds from the custodian wallet hosted on OpenNode in connection with the exchange transactions or Services rendered on the OpenNode System.
User is responsible with safekeeping the privacy, confidentiality and security of account information including but not limited to the User's password, email address used for registration, the number and transactions received. To aid in keeping your account information secure, we request that you use a unique password for OpenNode implement second-factor authentication and use IP/Address white-listing.
We may take the initiative and request further information from you and take action in the case of suspicious activity being detected. This includes but is not limited to: request for authenticating documents and freezing of further usage until our approval. In these instances, you will need to fulfill aforementioned security requests or face the termination of the Account. It is your obligation to give notice to OpenNode at any instance of unauthorized use of your OpenNode Account, or a breach of any confidential information related to your Account. These notifications must be addressed to email@example.com. Any Member and affiliated Account which is in violation of these rules is liable to be terminated and losses incurred as a result of violations will be the liability of aforementioned Members.
All services are provided without warranty of any kind, either express or implied. We do not guarantee that the Site or Service will be available at all times. Having said that, it is our aim to provide the Service with maximal uptime - but interruptions, failures and errors are possible.
OpenNode makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the OpenNode platform may provide references or links to other websites ("External Websites"). We do not control these External Websites or third-party sites or any of the content contained therein. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
By agreeing to these Terms and Services, you agree that OpenNode is in no way responsible or liable for the External Websites referenced or linked from the OpenNode System, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
"Personal Information" refers to information that identifies an individual, such as name, address, e-mail address and banking details.
We may share your Personal Information with law enforcement, government officials, and other authorities when and if:
We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
We may also share information concerning US citizens who are OpenNode customers with other financial institutions, as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act ("FATCA"), to the extent that this statute may be determined to apply to.
OpenNode grants System Users a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to their compliance with these Terms and OpenNode's policies. System Users may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or System Users have OpenNode's written permission, System Users may not reverse engineer or attempt to extract the source code of the Services. System Users may only access the Services through the interfaces that OpenNode provides for that purpose (for example, System Users may not "scrape" the Services through automated means or "frame" any part of the Services), and System Users may not interfere or attempt to disrupt the Services.
Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify OpenNode immediately of any unauthorised use of your Account or password, or any other breach of security, by email to firstname.lastname@example.org. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by OpenNode or any User of the Site.
Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
_1._LIMITATION OF LIABILITY
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL OpenNode, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND , INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE OpenNode MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM OpenNode, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OpenNode's RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OpenNode (Including our OpenNode's Directors, members, employees and agents), WHETHER IN CONTRACT, WARRANTY, TORT (Including negligence, whether active, passive or imputed), GENERAL LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OpenNode OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO OpenNode DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
IN NO EVENT SHALL OpenNode (Including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners of any kind, and service providers) BE LIABLE TO SYSTEM USERS FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (Including, but not limited to, damages for deletion, corruption, loss of date, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF OpenNode OR OpenNode's AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OpenNode (Including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, any and all partners, service providers, licensors and suppliers) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY SYSTEM USERS OR DELIVERED TO SYSTEM USERS, EVEN IF OpenNode OR OEPNNODE'S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPENNODE, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD-PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY SYSTEM USERS OR DELIVERED TO SYSTEM USERS FOR MORE THAN THE GREATER OF $120 OR THE AMOUNTS PAID BY SYSTEM USERS TO OpenNode FOR THE PAST 12 MONTHS OF THE SERVICES.
System Users agree to defend, indemnify and hold harmless OpenNode and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from the unauthorized use of the Services or from any breach by System Users of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
We may transfer or assign our rights and duties under this Agreement to any party at any time without notice to you, but this will not affect your rights or our obligations under this Agreement. You may not, however, transfer or assign any of your rights and duties under this Agreement to any other party.
System Users may not assign any of their rights, licenses, or obligations under these Terms. Any such attempt at assignment by System Users shall be void. OpenNode may assign its rights, licenses, and obligations under these Terms without limitation.
We may make changes to these Terms from time to time. When OpenNode does so, OpenNode will post the most current version of the Terms on OpenNode's website and, if a revision to the Terms is material, OpenNode will notify System Users of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If System Users do not agree to the modified terms, System Users should discontinue their use of the Services.
For changes to these Terms of Service that will significantly affect your rights and obligations we will strive to notify you before the changes take effect.
OpenNode respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. OpenNode will respond to valid notices of copyright infringement and reserves the right to terminate any Users, at OpenNode's sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If System Users believe any content posted or made available on the Services constitutes infringement of their copyright rights, System Users may send a written notice of infringement to OpenNode's designated Copyright Agent using the contact information listed below. In their notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which OpenNode may locate the material); © complete contact information, including the name of the owner of the copyright and their name, title, address, telephone number, and email address; (d) a statement that System Users have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in their notice is accurate and that System Users are the copyright owner or authorized to act on behalf of the owner.
In order to ensure OpenNode remains a safe platform for all Users, OpenNode may require the User to verify their identity to access part of the services we offer. Identity verification may be required when the User create advertisements, during disputes, fraud investigations, and to ensure account ownership. As part of our ID verification, for those who'd like to use our bitcoin exchange feature, we require the User to provide us with full name as well as documents and photographs that verify their identity.
In certain situation we may require enhanced identity verification. This may include requirements to verify details or sources of funds regarding payments the User has received on OpenNode as well as digital assets transactions that the User has sent or received from their OpenNode account.
ID verified accounts have a clear owner which makes it easy to return access to you if the User loses all access to your account. It is very hard or impossible to return access to accounts that are unverified, even if you know the User's Username, as it is difficult to identify the original account owner.
OpenNode is a service available to individuals, businesses, merchants, and non-profit organizations that gives the ability to accept bitcoin through the Lightning Network which supports a large number of transactions per second and settles instantly with minimal processing fees.
The Lightning Network provides all the security and immutability of the blockchain with a system of Nodes that allow the lightning network to function, by allowing participants to participate by running or connecting to a node which connect to each other through payment channels using smart contracts.
OpenNode provides node infrastructure, custom payment gateways and handles everything from setup to maintenance, management and support. The open note system also allows the Users to configure automatic withdrawal limits.
In order for OpenNode to function, the cloud infrastructure needs to be online for payments to be sent or received. The System also has an "Instant Exchange" function with which businesses can choose to have their bitcoin payments automatically converted to their native currency at the time of transaction or do it manually within their dashboard at their convenience.
The "Merchant dashboard" includes the following withdrawal options:
OpenNodes also offers specialized and enterprise clients the additional service of creating a custom hard-coded plugin for the User's current website.
OpenNode hereby discloses that the wallets are in beta version are to be considered as experimental and customers are advised to do their own research before use with live transactions.
By initiating a transaction, User agrees to be bound by the terms and conditions of the transaction as selected and determined by the OpenNode. The terms and conditions specified by OpenNode are valid in all cases except when they contradict or violate these Terms of Service, are unreasonable or otherwise difficult to comply with, are illegal, or if both parties of the transaction consent to alter the terms and conditions of the transaction.
Once the transaction is completed, it is the responsibility of the User to check that they have confirmed the payment information, independent of the buyer and their payment evidence, that the User has received payment for the full amount if the transaction, that the payment is not made by a third party, and that it was made according to the instructions given through system. After the transaction is initiated, it is not possible to cancel, reverse, dispute or otherwise recover or return the digital assets to the User.
Payments made by buyers must be sent by the same person that registered and uses the account. Payment details provided by sellers must match the name of the OpenNode account holder. Making, providing, or attempting to make or provide payments to or from third parties is considered a violation of this agreement.
All communication relevant to the transaction must happen in the transaction chat part of the transaction in such a way that it is readily available for OpenNode support staff to review. Communication that has not occurred on OpenNode or that has been hidden, encrypted or otherwise obstructed from view is not taken into consideration during dispute review and dispute resolution.
If a disagreement occurs between Users over a transaction, either party or OpenNode can start a dispute to initiate a mediation process. Disputes are reviewed and resolved by OpenNode.co support staff.
Disputes can only be started on transactions marked as paid by the consumer. Transactions that are not marked as paid by the consumer, have been released by the merchant, cancelled by the consumer, automatically cancelled, or already disputed and resolved are considered completed and cannot be disputed, reversed, or altered.
From time to time, new and alternative cryptocurrencies and/or forks of the digital assets blockchain may be created. This may result in holders of private keys containing a digital assets balance receiving a corresponding amount of the new cryptocurrency on the newly created blockchain ("air-drop"). We reserve the right at our sole discretion to decide if and how we support any new cryptocurrencies and/or blockchain forks in our services including defining which blockchain shall be deemed as digital assets within the meaning of this Agreement. We strive to communicate our decisions concerning any significant new forks or cryptocurrencies on our website in a timely manner. If we decide to not support a new cryptocurrency we may, but are not obligated to, compensate Users who held digital assets in their OpenNode account at the time of the air-drop in a manner deemed appropriate by us. We reserve the right to provide compensation by converting all of the available new cryptocurrency to digital assets and sharing all of the converted digital assets between Users who held a digital assets balance on their account at the time of the creation of the new cryptocurrency. In case such a conversion takes place, we may charge the User a processing fee in any amount deemed reasonable by us at our sole discretion but not exceeding the amount of compensation payable to User.
If we decide to support a new cryptocurrency, unless otherwise communicated by us, these Terms of Service, including any reference to digital assets, shall be equally applied to the new cryptocurrency.
We cannot guarantee that the decisions we take under this Section will be suitable, desirable or practical to User. If User is concerned about our decisions, stances or the lack thereof regarding any given blockchain fork or new cryptocurrency, we recommend that the User discontinues the use of the platform. We are not in any circumstance liable for any damage, losses, expenses or harm resulting to User from the use of our rights under this Section.
By agreeing to these Terms and Conditions, the User acknowledges the inherent risks of digital currency, including but not limited to the following:
Loss of confidence. Cryptocurrency transaction is subject to drastic decrease in value due to loss of confidence, which could collapse demand relative to supply that could result from unexpected changes imposed by software developers or others, a government crackdown, competition, or a deflationary or inflationary spiral or technical problems, loss or theft of funds or if hackers or governments are able to prevent any transactions from settling.
Internet transmission risks. There are risks associated with utilizing an Internet-based payment processing system including, but not limited to, the failure of hardware, software, and Internet connections. The User acknowledge that OpenNode shall not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using our Services, howsoever caused.
Use for payment. Cryptographic blockchain-based digital information units are no currencies or means of payment and are neither accepted by states, central banks nor must a private person accept them in any way.
Risk of software weaknesses. The underlying software application and software platform, the OpenNode platform and system technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee/warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to Token, Euros or any value of any cryptographic blockchain-based digital information units.
Regulatory risk. Blockchain technologies allow new forms of interaction. It is possible that certain jurisdictions will apply existing regulations, or introduce new regulations addressing, on blockchain technology-based applications, which may have negative influence on the current setup of the systems and which may, inter alia, result in substantial modifications of the any cryptographic blockchain-based digital information units/ OpenNode system technology, including its termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. OpenNode system technology is planned for a market, which is not regulated by financial markets rules and its intended structure is not to fall under any financial market rules. OpenNode intends to design, modify and/or adapt the OpenNode system technology in such way that financial market rules are not applicable on any cryptographic blockchain-based digital information units and / or OpenNode system technology. Respectively within the regulatory risk category also changes in the OpenNode system technology with respect to such adoptions, amendments and re-designs may cause termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have.
Risk of abandonment / lack of success. The allocation of any cryptographic blockchain-based digital information units and the development of the any cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively even if OpenNode system technology is partially or fully developed and launched, it could happen that any cryptographic blockchain-based digital information units does not receive any functionality.
Risk of theft and internet vulnerability. The underlying software application and software platform, the OpenNode system technology, the smart contract system(s), other involved software, other technology components and/or platforms may be exposed to electronically or physical attacks that could result in theft or loss of cryptographic blockchain-based digital information units, or the theft or loss of private data, impacting the ability to develop, launch or use OpenNode system technology. Each OpenNode Client should be aware that SMS/ messages and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from OpenNode Each OpenNode Client should always log into the OpenNode Client Account through www.opennode.co to review any transactions or required actions if the OpenNode Client has any uncertainty regarding the authenticity of any communication or notice. Each OpenNode Client should note that phishing attacks often occur despite SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. OpenNode does not take any responsibility for lost Token or any other funds due to spoofing, phishing or other equivalent attacks.
Risk of blockchain mining attacks. As with other public blockchain-based systems the OpenNode system technology may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks or any other mining or non-mining related attacks. Any successful attacks present a risk to the OpenNode system technology, expected proper execution and sequencing of cryptographic blockchain-based digital information unit's transactions, and expected proper execution and sequencing of software computations.
Risk of depreciation in value / extreme volatility. As cryptographic blockchain- based digital information units seem to be collectible items each OpenNode Client assesses the value of such cryptographic blockchain- based digital information units differently. Respectively the value of cryptographic blockchain-based digital information units in whatever form might experience extreme volatility and/or the value of cryptographic blockchain- based digital information units might decline to zero. As additional cost with respect to regulatory or other risks might be triggered – and if such costs are added for the purpose of calculation to the value of cryptographic blockchain- based digital information units (whatever value an OpenNode Client might give to the cryptographic blockchain-based digital information units) – cryptographic blockchain-based digital information units might also decline in their value to zero.
General risk. There is no guarantee/warranty whatsoever on cryptographic blockchain-based digital information units and/or the success of the OpenNode system technology, expressed or implied, to the extent permitted by law, and that cryptographic blockchain-based digital information units is created and obtained at the sole risk of the OpenNode Client on an "as is" and "under development" basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
Market and community risk. Each OpenNode Client is aware of the risks of soft and hard forks and splitting including the broad possible changes to OpenNode system technology which might be imposed by the market/ community on OpenNode / OpenNode system technology.
Tax risk. The tax consequences of the allocation or purchase of cryptographic blockchain-based digital information units (in whatever form) as well as the exchange of cryptographic blockchain-based digital information units, the holding of cryptographic blockchain-based digital information units (in whatever form), the alienation of cryptographic blockchain-based digital information units (in whatever form) and/or any other action or transaction related to cryptographic blockchain-based digital information units may have tax implications at the level of a OpenNode Client; OpenNode Clients, therefore, should contact their own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the OpenNode system technology; by making an OpenNode Client Offer to OpenNode and/or by receiving, using or holding cryptographic blockchain-based digital information units, and to the extent permitted by law, the OpenNode Client agrees not to hold any associated party (including OpenNode, OpenNode's auditors, OpenNode's contractors, OpenNode's advisors, OpenNode's employees or OpenNode's founders) liable for any tax liability associated with or arising from making an OpenNode Client Offer, the allocation, use or ownership of cryptographic blockchain-based digital information units or any other action or transaction related to cryptographic blockchain-based digital information units.
System interruptions or failure. OpenNode manages the OpenNode system with due care. Nevertheless, a platform for the exchange of cryptographic blockchain-based digital information units combines various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. OpenNode gives no guarantee with respect to finding solutions for any such problems as soon as possible. OpenNode assumes no responsibility other than to try to find solutions and therefore assumes no liability whatsoever for any damage caused by interruptions of the OpenNode system because any such interruptions are immanent in an experimental field of technology.
OpenNode may provide access to certain parties to access specific data and information through an API (Application Programming Interface) or widgets. OpenNode may also provide widgets and or applications for use of the platform on different devices. The present Terms and Conditions prohibit Users from making any modifications or alteration to the original state of the code. Modifying or altering the original state of the code of the widgets or API will result in immediate and permanent suspension of the User's account. Users are liable for all damages caused to OpenNode or third parties resulting from alteration or modification of the original code of the API or Widgets.
The OpenNode site is using cookies. Cookies are small text files that are placed on the User's computer by websites that the User visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
We use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of the User's computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what features are browsed and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about the User's while the Users are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.
The User's continued use of the OpenNode site, as well as any subsequent usage, will be interpreted as the User's consent to cookies being stored on the User's device.
The User agrees not to use the Services in ways that:
Violate, misappropriate, or infringe the rights of OpenNode, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another User) to protect the Services or Content;
Disguise location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
We may terminate the User's access to and use of the Services, at our sole discretion, at any time and without notice to the User. The User may cancel their Account at any time by following the account closure instructions in the dashboard. Upon any termination, discontinuation or cancellation of Services or Account, the following provisions will survive: Content and Content Rights, Content Ownership, Responsibility and Removal, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.
System Users can stop using the Services at any time and without notice to us. Similarly, OpenNode may terminate access to the Services to System Users or any other Users or stop offering the all or part of the Services at any time without notice.
Occasionally situations arise where we may need to limit, suspend, or terminate the account. Account limitation (" limit", " limitation") results in a temporary or permanent loss of access to a certain specific part or parts of the services we offer. Account suspension (" suspension", " block", " ban") results in a temporary loss of access to most parts of the services we offer. Account termination (" termination", " permanent ban") results in permanent loss of access to all services we offer as well as termination of this Agreement.
We have the right to, limit, suspend, or terminate the account or access to the services that we provide to the User if:
i. we have a reason to believe that the User has acted in violation of these Terms of Service or applicable laws or regulations or if we have a reason to believe that any content or material submitted or shared by the User in or through the services violates these Terms of Service or applicable laws or regulations or third-party rights;
ii. we suspect that the User uses the services to engage in, attempt to engage in, or in connection with fraudulent activity, money laundering, terrorist financing or other financial crime;
iii. we have reason to believe that the User has supplied false, misleading or deceptive information in connection with the registration, identity verification or any other use of our services, either to us or to another User;
iv. we are required to do so under any applicable law, regulation or an order issued by an authority;
v. make available content or behave in a way that libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or is offensive;
vi. if the User utilises the services in a manner which may cause the services to be interrupted or damaged or such a way that the functionality of the services is in any way impaired or attempt to bypass or break any security mechanism of the services or if OpenNode believes in good faith that such action is reasonably necessary to protect the security of its services or its property or brand or the security, property and rights of its Users or those of third parties;
vii. Attempt any unauthorized access to User accounts or any part or component of the service.
viii. OpenNode User has been accused of (including any reasonably documented media reports or market rumours on): fraud, terror financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programs/ pyramid programs/ multi-level marketing or other high risk business detrimental to customers of any kind; unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorized goods; using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs; producing/distributing adult content and services; using unfair, predatory or deceptive practice via customers or persons; etc.
ix. has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against such OpenNode User with respect to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
x. OpenNode User uses an account without legal entitlement to use such account.
xi. An OpenNode User conceals his/hers/its identity by providing incorrect data regarding his/hers/its OpenNode User Account or his/hers/its account with a payment service provider.
xii. User manipulates the OpenNode platform and/or OpenNode services. Such manipulation is in particular any use of an automated system (e.g. bot) or any other use which contradicts normal and typical behaviour of human beings and, hence, indicates the involvement of a certain technology, software and/or any system automating, except such use has been previously agreed with OpenNode.
Upon termination, Members shall communicate a valid bank account to allow for the transfer of any assets that are linked to their account. The aforementioned bank account must be provably held by the Member. Any cryptocurrency can be transferred to a bank account after its conversion to a fiat currency. These efforts will be made on the part of OpenNode within a reasonable time-frame following the Members' request - to be specified case-by-case.
Following this, the balance of the User's Account will be sent to the assigned bank account. In dealing with intermediaries and international payments, there is the potential for deductible charges. In these cases, we attempt a full disclosure policy wherever possible. However, in the case that charges are not disclosed we hold to right or liability to incur them on behalf of the User. The User acknowledges that charges may not always be calculated in advance and are at their responsibility.
OpenNode reserves the right to change, amend and/or disallow accepted payment methods at its own discretion. We will normally give the User a notice of any limitation, suspension, or termination of the account but we may, if it is reasonable to do so (for example we consider it advisable for security reasons), limit, suspend or terminate the account without prior notice to the User.
User acknowledges that our decision to limit, suspend, or terminate the User's account, may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to the User.
In the event that we limit, suspend or terminate the User's account we will lift the suspension as soon as possible once the reasons for the suspension or termination no longer exist.
In certain situations, the User's ability to access, conduct digital assets transactions, using digital assets held in the User's OpenNode wallet may be limited. This limitation may be applied specifically to the User's account in order to safeguard digital assets stored in the User's wallet when we e.g. suspect a third party has gained unauthorized access to the User's account; if we suspect that the User of engaging in or being involved in fraudulent or illegal activity; if we are provided with valid legal request from an authority.
This limitation may be applied generally to all Users or a subset of our Users during service outages or maintenance outages of the website; during digital assets hard forks or other situations where we believe there is a high risk to the User's digital assets balance.
In the event that we limit access to the User's wallet we aim to remove the limitation as soon as possible once the reasons for the suspension or termination no longer exist.
The transaction is completed and cannot be reversed once the transaction appears on the blockchain network / network outside of the OpenNode system. Each OpenNode User is aware and accepts that from this point onwards OpenNode has no influence anymore on the transaction and whether or not the OpenNode User has access to such transferred Token via the OpenNode User's last disclosed wallet-address. Each OpenNode User is aware and accepts that the transfer can only be accepted by a confirmation on the blockchain network/network and that OpenNode assumes no liability whatsoever, that such confirmation is given. The OpenNode User assumes full responsibility for the receipt of the adequate transaction confirmation by the blockchain network/network.
An OpenNode User accepts and confirms with each transaction hereunder that it/he/she accepts and confirms these GTC in the current form.
If one or more of the provisions of these GTC or one or more of the schedules hereto are or will become invalid or unenforceable, or if one or more of the provisions of these GTC or one or more of the schedules hereto are or will become incomplete, the other provisions of these GTC and the schedules hereto will remain valid without limitation, save that the main obligations of the parties hereunder remain unaffected. Such provision – having been found illegal or unenforceable in whole or in part, shall be ineffective solely to the extent of such determination of invalidity or unenforceability only with respect to the jurisdiction in which it has been found illegal or unenforceable, without having any effect on any other jurisdiction. Each invalid or unenforceable provision shall be replaced or completed by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects the parties have concurrently aimed at in the invalid or unenforceable provision.
Changes to and amendments of these GTC, including this clause, may be made by OpenNode at any time and become effective at the earlier of (i) the OpenNode User accepts online the amended GTC or (ii) within 1 month after having published such changes or amendments on the homepage of OpenNode https://www.OpenNode.co. And supersede any prior statements or agreements. Any terms and conditions (AGB) of OpenNode Users are excluded from being applicable on the relationship between OpenNode User and OpenNode.
The failure of OpenNode to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under the GTC shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect that OpenNode's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly in writing.
i. Consent to Electronic Delivery.
The User agrees and consents to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, " Communications") that OpenNode provides in connection with the User's OpenNode Account and/or use of the Services. The User agrees that OpenNode may provide these Communications to the User by posting them via the Services, by emailing them to the User at the email address that the User provides, and/or by sending an SMS or text message to a mobile phone number that the User provides. The User's carriers normal, messaging, data and other rates and fees may apply to any mobile Communications. The User should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. The User may also contact us through email@example.com request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
ii. Hardware and Software Requirements.
iii. Withdrawal of Consent.
The User may withdraw its consent to receive electronic Communications by sending a withdrawal notice to firstname.lastname@example.org. If the User declines or withdraws consent to receive electronic Communications, OpenNode may suspend or terminate its use of the Services.
iv. Requesting Paper Copies.
If, after the User consents to receive Communications electronically, the User would like a paper copy of a Communication we previously sent to them, they may request a copy within 30 days after the date we provided the Communication to the User by contacting email@example.com. In order for us to send paper copies to the User, they must have a current street address on file with OpenNode. Please note that OpenNode operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, the User understands and agrees that OpenNode may charge the User a processing fee for each page of Communication requested.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding OpenNodeor our Services that the User provides, whether by email, posting through our Services or otherwise (" Feedback"). Any Feedback the User submits is non-confidential and shall become the sole property of OpenNode. The User waives any rights the User may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if the User expects to be paid or want to continue to own or claim rights in them; the User's idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose the User's identity to any third party who is claiming that any content posted by the User constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting the User makes on our website if, in our opinion, the User post does not comply with the content standards set out in this section.
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
OpenNode shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond OpenNode 's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond OpenNode's reasonable control (each, a " Force Majeure Event").
In the event of any Force Majeure Event, breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for OpenNode, we may, in our discretion and without liability to the User, with or without prior notice, suspend the access to all or a portion of our Services. We may terminate the User's access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate the OpenNode Account and all related information and files in such account without liability to the User, including, for instance, in the event that the User breaches any term of these Terms. In the event of termination, OpenNodewill attempt to return any Funds stored in the User's OpenNode Account not otherwise owed to OpenNode, unless OpenNodebelieves the User have committed fraud, negligence or other misconduct.
OpenNode reserves the right to change these Terms in any way, at any time in a unilateral exercise. All changes will be notified by a message in the User Account It is the User responsibility as the User to review the changed Terms. The User's continued use of the Site proceeding a change connotes an agreement to the changes, and that all subsequent actions taken by the User will be subject to the amended Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
This agreement describes the terms and conditions for participation in the OpenNode affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, “OpenNode” refers to OpenNode, Inc., a Delaware Corporation, with whom you are entering this agreement. By applying to the OpenNode affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
To generate a commission to an Affiliate, the referred customer must create an OpenNode account and begin receiving payments for goods/services sold. Commissions will be paid on customers who click on a unique affiliate links tied to an Affiliate’s account. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
The Affiliate will be paid on a recurring payment schedule and will continue to accumulate commissions for each received transaction by the referred customer for 3 years.
An Affiliate can request a payment at anytime they wish. Earnings will be paid out in BTC to a bitcoin address of the Affiliate’s choice. Affiliates can withdraw either instantly via Lightning or weekly via on-chain.
Usage and Obligations
Affiliates are permitted to use the OpenNode brand and marketing resources available in the Affiliates section or sent via the Affiliate newsletter. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of OpenNode and will never advertise OpenNode products directly. The Affiliate will never bid for advertisements that compete with OpenNode.
The Affiliate will never represent themselves, OpenNode or their relationship with OpenNode in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing OpenNode.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from OpenNode will be paid for any past or future customer transactions.
If OpenNode chooses to terminate the agreement, any balance remaining will be paid to the affiliate within 60 days of termination.
OpenNode does not guarantee payout on every customer referred due to the risk of fraud, but OpenNode will make a good faith effort to do so whenever possible.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware,, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Delaware. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
If System Users have any questions, complaints or comments about the Services contact