Terms of Service

These Terms of Service (the "Terms") constitute a binding agreement between you (hereinafter referred to as "you", "your", or "user") and the NodeOps Platform, together with the group of entities that operate, maintain or provide the Services under the NodeOps brand, including all their affiliates, subsidiaries and related entities (collectively, "NodeOps", "we", "us" or "our").

These Terms govern your access to and use of the CreateOS website (including https://createos.sh and any sub-domains), applications, dashboards, interfaces, APIs, documentation, and related tools, services and software offered or made available under the NodeOps brand (collectively, the "Platform" or "Services"). The Services may include, without limitation, infrastructure orchestration and management services, node and network deployment and operation services, platform-enabled access to infrastructure resources and related capabilities, connectivity and interface services, developer and automation tooling, and any related products, integrations, experimental features, or services made available from time to time. The Platform and Services may be provided through web interfaces, mobile or desktop applications, APIs, or other delivery mechanisms, and may evolve over time. Any reference to a specific product name, feature, or service is illustrative only and does not limit the scope of the Platform or Services governed by these Terms.

Depending on the specific Service you access or use, one or more NodeOps entities may provide the Services, act as your contractual counterparty, or perform the obligations under these Terms. The relevant NodeOps entity may be identified in the applicable Service interface, checkout flow, order form, invoice, or other documentation made available in connection with the Services. If no specific NodeOps entity is identified, the NodeOps entity that operates the website or makes available the specific Service accessed by you will be deemed the contracting party for the purposes of these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NODEOPS AND GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL RELATED SERVICES PROVIDED BY NODEOPS.

BY ACCESSING OR USING THE PLATFORM, OR ANY PART THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM. NODEOPS WILL PROVIDE ACCESS TO THE PLATFORM AND THE SERVICES ONLY IF YOU ACCEPT AND AGREE TO THESE TERMS IN FULL.

If you are accepting these Terms on behalf of a company, organization, partnership, foundation or other legal entity ("Business User"), you represent and warrant that you have the authority to bind that Business User to these Terms. If you do not have such authority, or if you do not accept all of these Terms on behalf of the Business User, you must not access or use the Platform. In such cases, references to "you" or "your" shall be deemed to refer to such Business User and its authorized representatives. You are responsible for ensuring that any individual who accesses the Services under your account complies with these Terms. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and NodeOps, unless expressly set forth in a separate written agreement executed between you and NodeOps.

2.1. Headings, titles, captions and section labels are included for convenience only and do not affect the interpretation of any provision.

2.2. Words and expressions defined in any part of these Terms shall have the same meaning throughout the document unless expressly stated otherwise or unless the context requires a different interpretation. Defined terms may be used in singular or plural form and capitalised for convenience, however, failure to capitalise a defined term shall not affect its intended meaning.

2.3. These Terms incorporate by reference the Platform's Privacy Notice, and any additional terms or notices published by NodeOps from time to time. All such incorporated documents shall be read together with these Terms and shall form part of the legally binding agreement between you and NodeOps. In the event of inconsistency between these Terms and any incorporated document, these Terms shall prevail unless expressly stated otherwise.

2.4. The words "include", "includes", "including", "such as", "for example", and similar expressions shall be interpreted as illustrative and shall not limit the meaning of the words preceding them. Any examples are provided for clarity only and shall not be construed as exhaustive.

2.5. References to any "person" or "entity" include individuals, corporations, partnerships, trusts, foundations, joint ventures, unincorporated associations, government bodies and any other legal or non-legal entities of any kind.

3.1. To access or use the Services, you must: (a) be at least 18 (eighteen) years old or the age of majority in your jurisdiction, whichever is higher; (b) have the legal capacity to enter into these Terms; and (c) not be prohibited from accessing or using the Services under applicable laws, sanctions regimes, or contractual restrictions applicable to NodeOps or its third party service providers.

3.2. You represent and warrant that you are not: (a) a person or entity subject to sanctions, embargoes, or restrictive measures administered or enforced by any applicable governmental authority; (b) accessing or using the Services on behalf of, or for the benefit of, any prohibited or restricted person or entity; or (c) using any technical measures, including VPNs, proxies, or similar tools, for the purpose of circumventing access restrictions or safeguards applied by NodeOps or its third party integrations.

3.3. NodeOps may restrict, suspend, or terminate access to the Services where required to comply with applicable law, sanctions obligations, contractual requirements, or to protect the security and integrity of the Services.

4.1. The Platform provides software, interfaces, and orchestration tooling that enable users to deploy, configure, operate, monitor, and manage infrastructure and workloads across third party environments. Depending on the feature you use, the Platform may facilitate access to third party blockchain networks and protocols, compute infrastructure, templates, and operational services. The Platform may also provide an interface through which users may procure compute capacity, templates, or related services from Third Party Services.

4.2. NodeOps is not itself a blockchain network and does not control the underlying consensus, security, finality, or operational status of any third party blockchain network. The Platform may integrate with or reference third party networks, protocols, restaking frameworks, AVS frameworks, validators, wallets, bridges, APIs, providers, and other Third Party Services. Your use of Third Party Services is at your own risk, is subject to the terms of those Third Party Services, and may be affected by outages, vulnerabilities, upgrades, forks, governance decisions, congestion, or other events outside NodeOps' control.

4.3. The Platform may support, now or in the future, decentralized or semi-decentralized operational models involving multiple participants, including compute suppliers, node operators, restaking operators, monitoring participants, or other ecosystem actors. Where the Platform enables interactions among these actors, NodeOps provides coordination tooling and interfaces but does not guarantee that any participant will perform as expected or that any economic incentive model will function without interruption, manipulation, or change.

5.1. The Services may include products and features such as (i) node deployment and operations interfaces and automation tooling, including dashboards and APIs sometimes referred to as "Console" or similar; (ii) a compute and deployment marketplace and related template library, sometimes referred to as "Cloud" or similar; (iii) protocol bootstrapping, node network enablement, or distribution tooling, sometimes referred to as "NodePad" or similar; (iv) RPC and related connectivity services; (v) security scanning, observability, monitoring, or vulnerability identification features, sometimes referred to as "Security Hub" or similar; (vi) staking, validator, or yield-related interfaces, whether consumer-facing or enterprise-oriented; (vii) AI-related development, orchestration, or agent tooling, including environments, terminals, or operating system style interfaces; and (viii) related developer documentation, analytics, reporting, and support tools. NodeOps may rename, reorganize, add, remove, or modify any product or feature at any time.

5.2. Some Services may be offered as beta, preview, experimental, or early-access features. Such features are provided for evaluation and feedback purposes and may be modified, limited, or discontinued at any time. NodeOps does not warrant that beta or experimental features will be made generally available, will be free from defects, or will function continuously.

5.3. Certain Services may be provided under separate terms, order forms, enterprise agreements, service-level agreements, acceptable use policies, or program terms (each, an "Additional Agreement"). If you enter into an Additional Agreement with NodeOps that expressly governs a Service, then the Additional Agreement controls to the extent of any conflict with these Terms, but only for that Service.

6.1. Node deployment and operations features. If the Platform provides node deployment, configuration, automation, monitoring, or "node-as-a-service" style features, you acknowledge that node operation is inherently subject to operational risks, including misconfiguration, key loss, downtime, network instability, upstream software bugs, chain reorganizations, forks, validator slashing risks, protocol parameter changes, and third party infrastructure outages. NodeOps may provide recommended configurations, templates, monitoring alerts, or automation scripts as a convenience, but these are informational and are not a guarantee of performance, uptime, profitability, reward eligibility, or protocol compliance. You are solely responsible for confirming that configurations are suitable for your intended chain, workload, compliance constraints, and threat model.

6.2. Marketplace, compute, and template features. If the Platform enables you to procure compute resources, deployment templates, or related services via a marketplace interface, you acknowledge that: (i) marketplace offerings may be provided by independent third party providers; (ii) the availability, performance, security, geographic location, and compliance posture of such offerings may vary; and (iii) deployments may fail, degrade, or become unavailable due to provider outages, network issues, supply constraints, or other causes outside NodeOps' control. NodeOps does not warrant that any template is fit for your purposes, free from vulnerabilities, or compatible with your environment. You are responsible for reviewing templates, configurations, and dependencies, and for conducting security and compliance diligence appropriate to your use case. Where the Platform displays estimated costs, usage metrics, or performance indicators, such information may be approximate and may differ from actual usage or provider billing. Unless an Additional Agreement expressly provides otherwise, NodeOps does not guarantee any specific service level, throughput, latency, uptime, or capacity for compute or third party provider-delivered services accessed through the Platform. Any SLA or service credit arrangement offered by a third party provider is between you and such third party provider unless NodeOps expressly states in writing that NodeOps assumes responsibility for that SLA.

6.3. RPC services. If the Platform provides RPC endpoints or connectivity services, you acknowledge that RPC services may be impacted by blockchain network congestion, upstream protocol issues, client bugs, indexing delays, third party dependencies, rate limiting, or denial-of-service events. NodeOps may implement rate limits, fair-use policies, request validation, and abuse detection mechanisms. NodeOps does not warrant that RPC services will be uninterrupted or error-free, and NodeOps is not responsible for losses resulting from delayed or missing data, stale state, chain reorgs, upstream forks, or third party network failures. You are solely responsible for validating critical on-chain actions and should not rely exclusively on a single RPC endpoint for mission-critical systems without redundancy.

6.4. Security scanning, monitoring, and observability features. If the Platform provides security scans, vulnerability identification, repository scanning, code analysis, or monitoring features, you acknowledge that such features are inherently probabilistic and may produce false positives, false negatives, incomplete findings, or results dependent on context, configuration, or data quality. Scan results and outputs are informational, do not constitute legal, security, audit, or compliance advice, and do not substitute for independent security testing or professional review. You represent and warrant that you have all rights and authorizations necessary to submit code, repositories, artifacts, logs, or other assets for scanning or monitoring and that such submission does not violate any third-party rights, confidentiality obligations, or applicable law. NodeOps may retain scan metadata and outputs as described in the Privacy Notice and may use aggregated insights to improve the Services, subject to the confidentiality and data-use terms in these Terms and applicable agreements.

6.5. Staking, validator, and yield-related features. If the Platform includes staking interfaces, validator tooling, restaking integrations, reward dashboards, or yield-related features, you acknowledge that (i) staking and validator activities involve protocol risk, smart contract risk, slashing risk, custody/key-management risk, counterparty risk, and market risk; (ii) rewards are not guaranteed and may vary based on protocol rules and network conditions; (iii) past performance does not predict future results; and (iv) the availability, rate, and timing of rewards may be impacted by third party networks, protocol upgrades, governance changes, or operational failures. NodeOps does not provide investment advice or guarantee any yield, reward eligibility, or profitability. Where the Platform displays reward estimates, APR/APY, or projections, such figures may be estimates and may not reflect actual outcomes.

6.6. Restaking and AVS integrations. If the Platform integrates with restaking frameworks or AVS-style security mechanisms, you acknowledge that restaking can involve additional risks, including slashing, penalty conditions, operator performance risk, and changes in protocol rules. NodeOps does not control restaking frameworks or AVS rules and does not guarantee that any operator, participant, or economic incentive mechanism will function as intended. You are responsible for understanding the applicable slashing and penalty conditions before participating.

6.7. AI and agent tooling. If the Platform includes AI tooling, agent orchestration, terminals, or operating system style environments, you acknowledge that outputs may be inaccurate, incomplete, biased, misleading, or otherwise unreliable. Such outputs are provided for informational and productivity purposes and are not professional advice. You are solely responsible for reviewing and validating outputs, especially where decisions could result in financial loss, security incidents, regulatory exposure, or harm to third parties. If the Platform allows you to connect third party AI model providers or "bring your own key," NodeOps does not control those third parties and is not responsible for their model behavior, data handling, or service availability. You are responsible for ensuring you have rights to input any data you provide to AI features and for avoiding the submission of sensitive or regulated data unless you have implemented appropriate safeguards.

6.8. Dashboards, analytics, and reporting. The Platform may provide dashboards, metrics, and analytics related to deployments, compute usage, rewards, costs, security posture, or other information. Such data may be delayed, incomplete, approximate, or inaccurate due to upstream issues, indexing delays, provider reporting errors, or system limitations. The Platform's dashboards and analytics are provided "as is" for informational purposes and should not be used as the sole basis for critical decisions, including financial, security, or compliance decisions.

6.9. Documentation and educational content. Any documentation, guides, tutorials, blog posts, or educational content provided through the Platform are provided for general informational purposes. NodeOps does not guarantee that documentation is current, complete, or applicable to your particular environment or use case. You remain responsible for verifying accuracy and suitability.

7.1. To access certain Services, you may be required to create an account and provide information such as email address, organization name, or other identifiers. You agree to provide accurate, current, and complete information and to keep your information updated. NodeOps may treat actions taken through your account as authorized by you.

7.2. You are responsible for maintaining the confidentiality and security of your login credentials, API keys, access tokens, and any authentication devices used to access the Services. You will promptly notify NodeOps at legal@createos.sh (or another contact channel specified in-product) if you suspect unauthorized access, compromise, or misuse of your account.

7.3. For Business Users, you are responsible for establishing and maintaining appropriate internal controls over authorized representatives' access, including role-based access, prompt deprovisioning of departing personnel, and safeguarding secrets and keys. NodeOps is not responsible for your internal access governance failures, including misuse by your authorized representatives or third parties who obtain access through you.

8.1. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in a manner that could damage, disable, overburden, or impair the Platform, interfere with any other user's use of the Services, or expose NodeOps, its users, or Third Party Services to harm.

8.2. You will not attempt to access, probe, or test the vulnerability of any system or network used in connection with the Services except as expressly authorized in writing by NodeOps. You will not circumvent or attempt to circumvent technical measures used to enforce rate limits, usage caps, access controls, or eligibility restrictions.

8.3. You will not use the Services to transmit malware, exploit code, ransomware, unauthorized cryptominers, or other harmful code, or to engage in phishing, fraud, deception, or unauthorized surveillance. You will not use the Services to facilitate money laundering, sanctions evasion, terrorist financing, or other illicit activity.

8.4. If the Platform includes promotions, points, airdrops, referral campaigns, credits, or other incentive programs, you will not manipulate or abuse such programs through multi-accounting, sybil attacks, botting, spoofing, or other deceptive conduct. NodeOps may investigate suspected abuse and may withhold, revoke, claw back, or void rewards or benefits where NodeOps reasonably believes abuse has occurred or where required for compliance.

9.1. Service credits. The Platform may permit you to use prepaid credits or internal accounting units ("Credits") to consume Services. Credits are not a stored value account, are not legal tender, are not a bank product, and have no cash value. Credits are non-transferable except where NodeOps expressly permits transfers in writing, and Credits may be subject to expiration, usage limits, or program terms displayed in-product.

9.2. Token conversion and burns. The Platform may permit you to obtain Credits by burning $NODE or other supported tokens, including through smart contracts or on-chain mechanisms. You acknowledge that token burns are irreversible and that once a burn is executed, NodeOps may be unable to reverse or refund the transaction. Credits obtained through burns are a service-prepayment mechanism only and do not represent a deposit, investment, security, or ownership interest in NodeOps or any affiliate.

9.3. Third party wallets and custody. NodeOps is not a wallet provider or custodian unless NodeOps expressly states otherwise in a separate written agreement. You are responsible for safeguarding your private keys and seed phrases and for using secure wallet software and hardware. NodeOps is not responsible for losses arising from compromised keys, wrong addresses, phishing, malware, user error, or third party wallet failures.

9.4. Token value volatility and regulatory uncertainty. Digital assets can be volatile and subject to regulatory uncertainty. NodeOps does not guarantee any token value, liquidity, market availability, listing status, or future functionality. Nothing on the Platform is intended as financial advice, investment advice, trading advice, or solicitation.

10.1. The Platform may offer promotions, points programs, referral rewards, airdrops, or other incentive campaigns. Participation is optional and may be subject to additional terms displayed in-product or in campaign materials. Eligibility may be restricted by geography, sanctions screening, identity or fraud checks, and other compliance requirements.

10.2. NodeOps may modify, suspend, or terminate any promotion or incentive campaign at any time. NodeOps does not guarantee that any user will receive rewards or that any reward will have any specific value. NodeOps may withhold, reduce, revoke, or claw back rewards where NodeOps reasonably determines that participation involved fraud, abuse, manipulation, or violation of these Terms or applicable law.

10.3. You are solely responsible for any tax obligations arising from receipt of any rewards, points, or other benefits.

11.1. If you participate as a third party provider of compute, templates, node operations, or other supply-side services through the Platform, you acknowledge that you may be subject to onboarding requirements, including technical verification, security standards, compliance screening, bonding or staking requirements, and ongoing performance monitoring. NodeOps may impose, update, or enforce such requirements to protect users and the Platform.

11.2. NodeOps does not guarantee any minimum utilization, revenue, earnings, or demand for Provider services unless expressly agreed in an Additional Agreement. Provider economics may depend on market demand, pricing, competition, network conditions, and platform rule changes.

11.3. Providers are solely responsible for the legality, security, and compliance of their offered services, including compliance with data protection laws and export/sanctions restrictions where applicable. Providers must not offer services that infringe third-party rights, distribute malware, or facilitate illicit activity.

12.1. The Services may interoperate with, reference, link to, embed, or otherwise enable you to access services, software, content, and systems that are not owned or controlled by NodeOps, including public blockchain networks and protocols, RPC endpoints, restaking and AVS ecosystems, wallets and wallet connectors, exchanges and bridges, data indexers, analytics dashboards, repositories, container registries, compute infrastructure providers, template contributors, and other third parties (collectively, "Third Party Services"). The NodeOps ecosystem and product suite is designed to coordinate activity across a broad set of partners and providers, and certain Services will not function as intended without Third Party Services.

12.2. You acknowledge that Third Party Services are offered under the third party's own terms, policies, fees, and operational rules, and that your relationship with a Third Party Service is between you and that third party. NodeOps does not operate Third Party Services and does not control their performance, availability, security, legality, compliance, business continuity, content, or outcomes. NodeOps does not endorse and makes no representations or warranties regarding Third Party Services, including that they will be uninterrupted, secure, error-free, or compatible with your use case.

12.3. Where the Services enable you to deploy nodes, consume RPC data, operate validators, run workloads, or otherwise interact with public or permissioned blockchain networks and protocols, you acknowledge that NodeOps cannot control network conditions, congestion, transaction ordering, chain reorganizations, forks, protocol upgrades, governance decisions, slashing parameters, or other protocol rules. These events may affect your deployments, your data, your transactions, your eligibility for rewards, and your operational outcomes. NodeOps is not responsible for losses resulting from blockchain network events, protocol bugs, governance decisions, third party client software issues, or third party infrastructure failures.

12.4. Where the Services integrate with or reference restaking ecosystems or AVS-style security mechanisms, you acknowledge that such ecosystems are Third Party Services and may impose rules, penalties, slashing conditions, operator requirements, and other constraints that can change over time. NodeOps does not control such rules and does not guarantee that any restaking or AVS mechanism will function without interruption, manipulation, change, or adverse outcomes. Any decision to participate in restaking or to rely on AVS security is solely yours and should be made only after reviewing the applicable third party terms, risk disclosures, and slashing conditions.

12.5. The Services may display or link to analytics and statistics that originate from Third Party Services such as blockchain explorers, data indexers, or public dashboards, or may embed third party widgets or reporting links. Such data may be delayed, incomplete, inaccurate, or presented using methodologies outside NodeOps' control. NodeOps does not guarantee the accuracy or completeness of third party data sources or public dashboards, and you agree that such information is informational only and not a substitute for independent verification.

12.6. Certain Services permit or encourage users and third parties to create, submit, list, or distribute deployment templates, including YAML-based templates that can reference container images, repositories, or external resources. Templates may be private or may be submitted for public listing, and template metadata can include links such as GitHub URLs and other external references. You acknowledge that templates and their dependencies may originate from third parties and may contain vulnerabilities, insecure defaults, licensing restrictions, or other risks. NodeOps does not warrant that any template or its dependencies are safe, free from malicious code, fit for purpose, or compliant with your legal or security requirements. You are solely responsible for reviewing templates, validating referenced images and repositories, confirming licensing rights, and implementing security practices appropriate to your threat model before deployment.

12.7. Where the Services enable you to rent, resell, or otherwise consume compute capacity, you acknowledge that capacity may be provided by Third Party Services, including independent compute providers, data centers, or other infrastructure operators. Third party provider performance may vary, and provider environments may impose operational constraints and restrictions (including security and integrity requirements). NodeOps does not guarantee that any particular provider will meet your desired uptime, latency, throughput, geographic location, or compliance posture, unless a separate written agreement expressly provides otherwise. You remain responsible for evaluating provider suitability for your workload, including where your workload involves personal data or regulated data.

12.8. Where the Services allow you to connect a wallet or sign transactions, you acknowledge that wallet software, wallet connectors, and related authentication tools are Third Party Services unless expressly stated otherwise. NodeOps is not responsible for wallet security, key compromise, incorrect transaction signing, phishing, malware, user error, or losses arising from your use of wallet software or from any third party wallet provider's acts or omissions.

12.9. The Services may contain links to third party websites or content for convenience, including partner pages, documentation, tutorials, support resources, or other content. NodeOps is not responsible for third party content or for any loss or damage arising from your access to third party websites. If you leave the Services and access a third party website, you do so at your own risk and subject to that third party's terms and privacy practices.

12.10. Where you enable integrations, you may grant Third Party Services permission to access certain data or functionality within your account or workflow. You are solely responsible for reviewing and understanding the permissions you grant, managing access tokens and API keys, and revoking access when no longer needed. NodeOps may provide tools to enable or disable integrations, but NodeOps is not responsible for Third Party Services' continued access where you have granted permissions outside NodeOps' control.

12.11. Except where NodeOps expressly agrees otherwise in writing, NodeOps does not act as an agent, broker, fiduciary, or representative for any Third Party Service, and Third Party Services do not act as NodeOps' agents. Nothing in these Terms creates a partnership, joint venture, or employment relationship between NodeOps and any Third Party Service.

12.12. You acknowledge that the availability of certain Services may depend on Third-Party Services. NodeOps may modify, suspend, or discontinue integrations or links at any time, including where required by law, where third parties change their functionality, or where NodeOps determines an integration creates security, compliance, or operational risk.

13.1. "User Content" means content you submit to the Platform, including configurations, templates, code, repository references, logs, deployment metadata, support tickets, and other materials. As between you and NodeOps, you retain ownership of your User Content, subject to the license you grant in this Section.

13.2. You grant NodeOps a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and use your User Content solely to provide, secure, maintain, support, and improve the Services, to comply with law, and to enforce these Terms. If you are a Business User, you represent that you have obtained all necessary rights, consents, and permissions from your authorized representatives and other relevant parties to provide the User Content for such purposes.

13.3. You represent and warrant that your User Content and your use of the Services do not infringe or misappropriate any third party rights, do not violate confidentiality obligations, and comply with applicable law. NodeOps may remove or restrict access to the User Content where NodeOps reasonably determines that continued hosting or processing could create legal, compliance, security, or operational risk.

14.1. The Platform, including its software, documentation, interfaces, designs, text, graphics, logos, and underlying technology, is owned by NodeOps and its licensors and is protected by intellectual property laws. NodeOps grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for your internal purposes in accordance with these Terms.

14.2. If you provide feedback, suggestions, or ideas regarding the Platform, you grant NodeOps a perpetual, irrevocable, worldwide right to use and incorporate such feedback without restriction or compensation, provided that NodeOps will not identify you as the source of feedback without your permission.

15.1. NodeOps' processing of personal data is described in the NodeOps Privacy Notice, which is incorporated into these Terms by reference. You acknowledge that by using the Services you have reviewed the Privacy Notice and understand how NodeOps processes personal data.

15.2. If you are a Business User and you provide personal data to NodeOps in connection with your use of the Services, you represent that you have provided appropriate notices and obtained any required consents and lawful bases for such processing. If applicable, NodeOps and the Business User may enter into a data processing addendum or similar agreement governing personal data processing.

16.1. NodeOps may perform maintenance that affects availability and may change features, APIs, or interfaces. NodeOps may provide support channels, but does not guarantee response times unless expressly agreed in an Additional Agreement.

16.2. NodeOps may monitor usage to maintain performance, prevent abuse, and enforce these Terms. NodeOps may throttle, rate-limit, or restrict usage where NodeOps reasonably believes such actions are necessary to protect the Platform, other users, or Third Party Services.

17.1. You represent and warrant that you are legally permitted to enter into these Terms and to use the Services under all applicable laws, regulations, sanctions regimes, and contractual obligations that apply to you. If you are using the Services on behalf of a Business User, you further represent and warrant that you have the authority to bind that Business User and that the Business User is duly formed, validly existing, and in good standing under applicable law.

17.2. You represent and warrant that all information you provide to NodeOps in connection with the Services, including account information, billing details, onboarding information, compliance-related information, and communications, is accurate, complete, and not misleading, and that you will promptly update such information if it changes. NodeOps relies on this information to provide the Services, comply with legal obligations, and manage risk.

17.3. You represent and warrant that your access to and use of the Services does not and will not violate any applicable law or regulation, including laws relating to data protection, cybersecurity, sanctions, export controls, financial crime, consumer protection, and intellectual property. You further represent that you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction where use of the Services is prohibited, and that you are not subject to sanctions or listed on any restricted or denied party list.

17.4. You represent and warrant that you have all necessary rights, licenses, permissions, consents, and lawful bases to submit, upload, link, deploy, process, or otherwise make available any content, data, code, configurations, repositories, templates, container images, logs, or other materials through the Services ("User Content"), and that doing so does not infringe, misappropriate, or otherwise violate the rights of any third party, including intellectual property, confidentiality, privacy, or data protection rights.

17.5. You represent and warrant that any User Content you provide is free from malicious code, hidden functionality, backdoors, time bombs, or other harmful components intended to disrupt, damage, or gain unauthorized access to systems, data, or networks. This representation is particularly important where you submit templates, images, repositories, or other artifacts for use by others through the Platform's features.

17.6. If you use the Services to deploy, operate, or manage workloads that process personal data, you represent and warrant that you have a valid lawful basis for such processing under applicable data protection laws, that you have provided any required notices to data subjects, and that you will comply with all applicable data protection obligations. You further represent that you will not process sensitive, regulated, or special-category data through the Services unless the Service is suitable for such data and you have implemented appropriate safeguards.

17.7. You represent and warrant that you understand and accept the technical and operational risks inherent in using blockchain networks, decentralized systems, and third-party infrastructure, including risks relating to smart contract vulnerabilities, chain reorganizations, forks, slashing, downtime, misconfiguration, and dependency failures. You acknowledge that NodeOps does not control these risks and that you assume responsibility for decisions to rely on such systems.

17.8. If you connect a wallet or interact with token-related features, you represent and warrant that you control the wallet you connect, that you have lawful ownership or control over the digital assets involved, and that you understand the irreversible nature of blockchain transactions. You further represent that you will not use the Services to engage in market manipulation, wash trading, fraud, or other prohibited or deceptive conduct.

17.9. If you participate as a provider, operator, or other supply-side participant, including by offering compute capacity, templates, node operations, or other services, you represent and warrant that you have the right to offer such services, that your offerings comply with applicable law and third party terms, and that you will meet any onboarding, security, and performance requirements imposed by NodeOps. You further represent that you will not misrepresent the capabilities, location, compliance posture, or security characteristics of your offerings.

17.10. If you use security scanning, monitoring, or observability features, you represent and warrant that you own or are authorized to scan the relevant assets, including code repositories, infrastructure, and logs, and that your use of such features does not violate any law, contract, or third party terms. You acknowledge that unauthorized scanning or testing may be illegal and agree to use such features responsibly.

17.11. If you use AI-based features, you represent and warrant that you will not rely on AI-generated outputs as a substitute for professional advice, and that you will independently review and validate outputs before acting on them. You further represent that you will not input personal data, confidential information, or regulated data into AI features unless you have a lawful basis and appropriate safeguards in place.

17.12. You represent and warrant that you will use the Services only for legitimate purposes and in accordance with these Terms, including all annexures and referenced policies. You acknowledge that NodeOps relies on these representations in providing you access to the Services, enabling integrations, and allowing participation in marketplace, provider, or token-related programs.

17.13. You acknowledge and agree that if any of the representations or warranties in this Section are untrue, inaccurate, or breached, NodeOps may suspend or terminate your access to the Services, withhold or revoke rewards or Credits, and pursue any remedies available under these Terms or applicable law, without limiting NodeOps' other rights or remedies.

18.1. THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NODEOPS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

18.2. NODEOPS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. NODEOPS DOES NOT WARRANT THAT ANY DATA, METRICS, DASHBOARD OUTPUTS, SCAN RESULTS, REWARD ESTIMATES, COST ESTIMATES, OR ANALYTICS WILL BE ACCURATE, COMPLETE, OR TIMELY.

18.3. NODEOPS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX, OR SECURITY ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING PROFESSIONAL ADVICE AS APPROPRIATE TO YOUR USE CASE AND RISK PROFILE.

19.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NODEOPS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, TRADING LOSSES, DIMINUTION IN VALUE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NODEOPS' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO NODEOPS FOR THE SERVICES IN THE 12 (TWELVE) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$ 100 (ONE HUNDRED U.S. DOLLARS) IF YOU HAVE NOT PAID NODEOPS ANY AMOUNTS, UNLESS A DIFFERENT CAP IS REQUIRED BY APPLICABLE LAW.

19.3. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such cases, NodeOps' liability will be limited to the maximum extent permitted by applicable law.

20.1. You agree to indemnify, defend, and hold harmless NodeOps, its affiliates, and their respective directors, officers, employees, contractors, agents, and service providers from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your access to or use of the Services in violation of these Terms or any applicable laws; (b) your User Content; (c) your interaction with Third Party Services; or (d) your infringement of any third party rights.

20.2. NodeOps reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully with NodeOps. You may not settle any claim in a manner that imposes any obligation or admission on NodeOps without NodeOps' prior written consent.

21.1. NodeOps may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and without prior notice if NodeOps reasonably determines that: (a) you have violated these Terms; (b) your use of the Services poses a security, operational, or reputational risk; (c) your account is suspected or flagged for activities related to money laundering, fraud, or any illegal or unauthorized activity; (d) your activity interferes with the integrity, availability, or proper functioning of the Services; or (e) it is required to do so by applicable law, sanctions obligations, or contractual requirements with third party service providers. NodeOps may also decide, at its discretion, to discontinue or modify the Services, either temporarily or permanently.

21.2. Suspension or termination may include disabling your access to certain features or preventing further interaction with all or part of the Services. In case of a temporary suspension, your access to any functionality associated with your account, including transactions, balances, and information, may also be temporarily disabled until the suspension is lifted. During suspension, you may not be able to access, initiate, or complete any transactions within the Services or through any associated accounts. Suspension or termination does not relieve you of any ongoing obligations, including any fees owed, indemnification obligations, or liabilities arising from prior use of the Services. NodeOps may delete or disable access to User Content and your account data in accordance with the Privacy Notice and applicable law, but NodeOps may retain certain information as needed for legal compliance, dispute resolution, security, and enforcement.

21.3. Credits, rewards, and promotions may be subject to expiration, revocation, or forfeiture where required to address fraud, abuse, chargebacks, compliance holds, or legal obligations. NodeOps will not apply blanket forfeiture of paid entitlements except as permitted by applicable law and as described in any applicable Additional Agreement.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1. These Terms, and all matters or disputes arising out of or in connection with these Terms, the subject matter hereof or the activities of you or NodeOps in connection with or contemplated by these terms, including your access, use, or receipt of Services (including any act or omission related thereto) shall be governed by the laws of British Virgin Islands, without regard to its conflict of laws principles.

22.2. The parties shall use good faith efforts to resolve any dispute, claim or controversy arising out of or in connection with these Terms, the Platform, or the Services amicably through discussions and negotiations. Either party may give written notice of a dispute to the other party, following which the parties shall attempt to resolve the dispute amicably for a period of 30 (thirty) days from the date of such notice. If the dispute is not resolved within this period, either party may proceed to arbitration in accordance with the provisions below.

22.3. Any dispute, claim or controversy that is not resolved through amicable resolution as described above shall be finally and exclusively resolved by arbitration administered by the BVI International Arbitration Centre (BVI IAC) in accordance with the BVI IAC Arbitration Rules in force at the time the arbitration is commenced. The seat of arbitration shall be the British Virgin Islands. The arbitration shall be conducted by a single arbitrator and the language of the arbitration shall be English. If so permitted, the arbitral tribunal may conduct the arbitration, including hearings and witness examinations, by virtual, electronic or other remote means.

22.4. Nothing in this section shall prevent either party from seeking interim, conservatory, or injunctive relief from any court of competent jurisdiction, including courts in the British Virgin Islands, where such relief is necessary to protect intellectual property rights, confidential information, or other legal rights.

22.5. To the fullest extent permitted by applicable law, all disputes shall be resolved on an individual basis only, and not as part of any class, collective, consolidated, or representative action.

We may revise or update these Terms from time to time. When we do, we will revise the "Last Updated" date and may provide additional notice through the Services. Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms.

24.1. Entire Agreement. These Terms and the Privacy Notice, along with any other policies or guidelines that NodeOps publishes or makes available through the Platform from time to time, constitute the entire agreement between you and NodeOps with respect to the Services, and supersedes any prior or contemporaneous agreements, communications, or arrangements, whether oral or written, regarding the Services.

24.2. Maintenance of the Platform. Your access to and use of the Platform may occasionally be interrupted for various reasons, including but not limited to maintenance, updates, repairs, or upgrades initiated by NodeOps. While we endeavour to notify users of scheduled maintenance activities whenever feasible, urgent maintenance may occur without prior notice. During such maintenance periods, the availability or functionality of certain features of the Services may be temporarily affected. NodeOps strives to minimize disruptions and will schedule maintenance during off-peak hours whenever possible to maintain the optimal performance, security, and functionality of the Services.

24.3. Waiver. The failure of NodeOps to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NodeOps.

24.4. Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect.

24.5. Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. NodeOps may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets, or by operation of law.

24.6. Relationship of the Parties. These Terms do not create a joint venture, partnership, employment, or agency relationship between you and NodeOps. Both parties act independently and have no authority to bind the other in any respect.

24.7. Force Majeure. NodeOps shall not be liable for any failure or delay resulting from any circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, governmental actions or acts of terrorism, civil disturbances, labour conditions, power failures, internet interruptions, mechanical or data processing failures or other unforeseen events.

24.8. Construction. The rule of construction that a contract should be interpreted against the party responsible for its drafting shall not apply.

24.9. Survival. The provisions of these Terms that by their nature should survive termination, including but not limited to indemnity, disclaimers, limitations of liability, intellectual property rights, governing law, and miscellaneous provisions, shall survive any termination or expiration of these Terms.

24.10. Electronic Communication. By creating an account or using the Services, you consent to receive all notices, disclosures, agreements, records, statements, and other communications ("Electronic Communications") in electronic form. Electronic Communications may be delivered via email to the email address associated with your account or through notifications or messages displayed via your user dashboard on the Platform or any other electronic method reasonably designed to provide notice to you.

You agree that all Electronic Communications provided by NodeOps shall satisfy any legal requirement that such communications be in writing, and you waive any right to insist on receiving communications in paper or non-electronic form, except where applicable law specifically requires otherwise. You are responsible for ensuring that your email address and all other contact information associated with your account are accurate, current, and capable of receiving Electronic Communications.

24.11. Reporting. If you identify any vulnerabilities, security issues, or concerns regarding the Services, please report them promptly by contacting legal@createos.sh. Your cooperation helps us maintain a secure and reliable Platform.

This Annexure A applies to your use of any token-related pages, token utilities, burn-to-credits mechanics, Credits, points, rewards, airdrops, staking displays, reward dashboards, and any other features that reference $NODE or any digital asset, whether provided directly by NodeOps or through Third Party Services.

A.1. Credits are an internal accounting mechanism that may be used to access or consume Services. Credits are not legal tender, are not stored value, are not a deposit, are not a bank product, and are not insured. Credits have no cash value, are not redeemable for cash, and are non-transferable except where NodeOps expressly enables transfer functionality in writing or in-product.

A.2. The Services may permit you to obtain Credits by burning $NODE or other supported tokens through on-chain transactions or smart contracts. You acknowledge that on-chain transactions are generally irreversible, that blockchain confirmations may be delayed, and that NodeOps may not be able to reverse or refund any burn or on-chain transaction once executed. You are solely responsible for confirming wallet addresses, networks, contract interactions, gas fees, and transaction parameters.

A.3. Any references to USD pricing, USD-denominated value, "credits," "burn rates," "mint/burn," or other economic parameters are provided for operational convenience and may be subject to change based on platform rules, governance outcomes, market conditions, third-party dependencies, or compliance requirements. NodeOps does not guarantee that any displayed rate, conversion, estimate, or parameter will remain constant or that it will produce any particular outcome.

A.4. Where the Platform provides token-related dashboards, charts, supply or allocation displays, vesting displays, reward displays, or burn statistics, you acknowledge that these are informational outputs that may be derived from third party indexers, public chain data, provider reporting, or internal estimates. Such outputs may be delayed, incomplete, inaccurate, or subject to correction. You agree not to rely on such outputs as the sole basis for financial, investment, tax, accounting, or compliance decisions.

A.5. NodeOps does not provide brokerage services, exchange services, custody services, wallet services, investment advisory services, portfolio management, or any regulated financial service unless NodeOps expressly states otherwise in a separate written agreement. If the Platform links to or integrates with an exchange, wallet, bridge, or other third party, NodeOps is not responsible for the third party's services, terms, fees, security, compliance posture, availability, or outages.

A.6. Any token, reward, points, airdrop, or promotion described or referenced in the Platform is not guaranteed, may be modified or terminated at any time, and may be subject to eligibility restrictions. Eligibility may depend on geographic restrictions, sanctions screening, anti-fraud checks, account standing, usage requirements, timing windows, technical constraints, and other criteria determined by NodeOps or Third Party Services. NodeOps may withhold, revoke, claw back, cancel, or void any reward where NodeOps reasonably believes there has been fraud, abuse, manipulation, circumvention of rules, or violation of these Terms or applicable law.

A.7. You acknowledge that digital assets are volatile and that their value may fluctuate significantly. NodeOps does not guarantee any value, liquidity, market for any token, or listing status on any venue. Nothing in the Platform constitutes an offer, solicitation, or recommendation to buy, sell, or hold any digital asset, and nothing on the Platform is financial, investment, or trading advice.

A.8. If you choose to participate in staking or validator-related features, you acknowledge that rewards are not guaranteed and may be reduced, delayed, or forfeited due to protocol rules, slashing events, downtime, misconfiguration, chain upgrades, governance changes, smart contract vulnerabilities, or Third Party Services' failures. NodeOps does not guarantee any APR/APY, reward rate, compounding, or payout frequency, and displayed estimates may not reflect actual outcomes.

A.9. NodeOps may impose limits on Credits, token-related features, or promotions, including minimums, maximums, expiration, or use restrictions. NodeOps may apply compliance holds, fraud holds, chargeback holds, or security holds where reasonably necessary. Where a hold is applied, NodeOps may restrict your ability to use Credits or receive rewards until the hold is resolved, and NodeOps may retain sufficient records to comply with law and enforce these Terms.

A.10. You are solely responsible for all taxes, reporting, and compliance obligations arising from your use of token-related features, Credits, rewards, points, or airdrops. NodeOps does not provide tax advice and may not provide tax documentation unless required by law or expressly stated.

This Annexure B applies when you obtain compute, templates, or third party provider-delivered services through any marketplace feature of the Platform, and when you participate as a third party provider supplying compute capacity, templates, node operations, or related services through the Platform.

B.1. Where the Platform facilitates transactions between users and third party providers, NodeOps provides coordination tooling and interfaces, but third party providers are independent third parties unless NodeOps expressly states that a third party provider service is "provided by NodeOps". Unless expressly stated otherwise in an Additional Agreement, NodeOps is not a party to, and does not assume liability for, the performance of third party provider services, including uptime, latency, throughput, security, data localization, regulatory compliance, export controls, or service levels.

B.2. You acknowledge that third party provider-delivered services may be impacted by physical infrastructure constraints, internet connectivity, data center outages, power loss, supply chain issues, geographic restrictions, software failures, security incidents, and other causes outside NodeOps' control. NodeOps may display provider attributes, pricing, regions, performance indicators, or estimated availability for convenience, but such information may be outdated or inaccurate.

B.3. When you procure services from a third party provider through the Platform, you are responsible for evaluating the suitability of the third party provider for your intended use, including security, compliance, and data protection diligence appropriate to your use case. If your workload involves personal data, regulated data, or sensitive data, you are responsible for ensuring that your use complies with applicable law and that appropriate contractual protections exist with the third party provider, including data processing terms where required.

B.4. Providers are responsible for the services they offer, including maintaining appropriate security controls, complying with applicable law, and ensuring that offered templates, images, or services do not infringe third party rights or distribute harmful code. Third party providers must not use the Platform to facilitate illicit activity, malware distribution, unauthorized surveillance, or sanctions evasion.

B.5. NodeOps may impose onboarding and ongoing requirements for third party providers, which may include identity or compliance screening, technical verification, security standards, performance monitoring, and bonding or staking requirements. Third party providers acknowledge that platform rules may change, that bonding or staking may involve market risk, and that failure to meet requirements may result in delisting, suspension, reduced visibility, reduced eligibility for incentives, or termination.

B.6. NodeOps does not guarantee any minimum demand, utilization, revenue, earnings, or profitability for third party providers. Any estimates or projections are non-binding and informational only. Third party providers' outcomes may vary based on demand, pricing, competition, technical performance, and platform changes.

B.7. If the Platform facilitates revenue-sharing, payouts, or incentive distributions relating to third party provider services, you acknowledge that timing and amounts may be affected by billing cycles, refunds, chargebacks, disputes, fraud holds, compliance holds, and technical reconciliation issues. NodeOps may withhold amounts reasonably necessary to address disputes, fraud, compliance, or platform integrity.

B.8. NodeOps may remove, disable, or restrict third party provider listings, templates, or services where NodeOps reasonably believes continued availability poses security risk, legal risk, compliance risk, or user harm risk, or where NodeOps is required to do so by law. NodeOps is not responsible for losses resulting from delisting where NodeOps acts reasonably to protect the Platform or comply with law.

This Annexure C applies to AI-related features, including agent tooling, terminals, workflow automation, and/or similar environments.

C.1. AI outputs may be inaccurate, incomplete, misleading, or otherwise unreliable. You acknowledge that AI features can generate content that appears plausible but is incorrect. You agree to independently review and validate outputs before acting on them, particularly where decisions could impact security, compliance, finances, or third party rights.

C.2. NodeOps does not provide professional advice through AI outputs, including legal, financial, tax, investment, compliance, or security advice. Any decisions you make based on AI outputs are your responsibility.

C.3. If AI features allow you to connect third party model providers or bring your own keys, your use is subject to the third party's terms and privacy practices. NodeOps is not responsible for third party model provider behavior, outputs, outages, or data handling.

C.4. You agree not to input sensitive personal data, regulated data, or confidential third party information into AI features unless you have implemented safeguards appropriate to the sensitivity of that data and you have the rights and lawful bases required to do so. You remain responsible for your compliance obligations relating to any data you process through AI features.

D.1. The Services may include components subject to open source licenses. Your use of such components is governed by the applicable open source licenses, which may grant rights and impose obligations independent of these Terms. In the event of a conflict between these Terms and an open source license with respect to an open source component, the open source license controls for that component.

D.2. The Services may integrate with Third Party Services. NodeOps does not control Third Party Services and does not guarantee their performance, availability, or security. NodeOps is not responsible for Third Party Services' acts or omissions. You are responsible for reviewing and complying with applicable third party terms.

D.3. NodeOps may provide links to third party sites or resources for convenience. Such links do not constitute endorsement. NodeOps is not responsible for third party content, policies, or practices.