Last Updated: 2024-09-10

Welcome to HYSTEAKS (HYSTEAKS, "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our Ethereum Layer 2 Node Hosting services, including the hosting of HYCHAIN Guardian Nodes (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

When you use our Services to run a HYCHAIN Guardian Node, you are also agreeing to the HYCHAIN GUARDIAN NODE SOFTWARE AGREEMENT.

1. Eligibility
By using our Services, you represent and warrant that you are at least 18 years of age, or the legal age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. You further agree that you are responsible for complying with all applicable laws, rules, and regulations in your use of the Services.

2. Services Provided
HYSTEAKS provides hosting services for HYCHAIN Guardian Nodes and Ethereum Layer 2 Nodes. We offer a secure and reliable infrastructure to support your node operations, but we do not take ownership or control over your node keys or any cryptocurrency you may hold. Through delegation only do we submit node key assertions to the HYCHAIN network.

3. Payment and Cancellations
All Sales Are Final: By purchasing our Services, you agree that all payments are final, non-refundable, and non-transferable. We are not obligated to provide refunds for any reason, including but not limited to service interruptions, user error, or dissatisfaction with the Services.

Refunds: While we maintain a policy that all sales are final, we recognize that certain circumstances may require special consideration. If you believe you have a valid reason for requesting a refund, you may contact us at hysteaks999@gmail.com to submit your request. However, we are not required to provide a refund under any circumstances, and any decision to issue a refund is made at our sole discretion.

Cancellations: If you choose to discontinue use of our Services, you are not entitled to any refund or prorated credit for any unused portion of your subscription or service term.

By using our Services, you acknowledge that you have read and understand our payment and cancellation policy.

4. Disclaimer of Liability
HYSTEAKS is a service provider, and we do not provide financial, investment, or technical advice related to your node operations or cryptocurrency management. You are solely responsible for your decisions, actions, and any related losses.

By using our Services, you acknowledge and agree that:

- We are not liable for any loss of cryptocurrency, whether due to errors, hacks, misconfigurations, network malfunctions, or any other reason related to the operation of your node.

- We are not responsible for any regulatory, legal, or tax implications associated with your node operations, including the storage, transfer, or exchange of cryptocurrencies.

- You are responsible for ensuring the security of your wallet, private keys, and any related assets. HYSTEAKS does not have access to your wallet or any private information needed to manage your cryptocurrencies or node keys unless you send them to your delegated wallet that we create for you.

- Any assets sent to your delegated wallet are now under our control. While we take advanced security measures to ensure your delegated wallet private key is secure, we are not liable for any loss of assets due to a breach of security.

5. Limitation of Liability
To the maximum extent permitted by law, in no event shall HYSTEAKS, its affiliates, partners, or service providers be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with the use or inability to use our Services, even if we have been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

6. Indemnification
You agree to indemnify, defend, and hold harmless HYSTEAKS, its affiliates, partners, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with:

- Your use of our Services.

- Your violation of these Terms.

- Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights.

7. Service Availability
HYSTEAKS aims to provide uninterrupted service. However, we cannot guarantee that our Services will be available at all times. Downtime, service interruptions, or unavailability may occur due to maintenance, upgrades, or factors beyond our control. We are not liable for any disruptions, delays, or losses incurred as a result of service interruptions.

8. Termination
HYSTEAKS reserves the right to terminate or suspend your access to our Services at any time, for any reason, including but not limited to a breach of these Terms, illegal activities, or any activities that may cause harm to our infrastructure or reputation.
You may discontinue your use of the Services at any time by ceasing all use of the platform and services.

9. Changes to the Terms
We may update or modify these Terms from time to time. If we make significant changes, we will provide notice by updating the "Last Updated" date at the top of this document. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the use of our Services shall be resolved through binding arbitration in Ohio, in accordance with the rules of the American Arbitration Association (AAA).

11. Contact Information
If you have any questions about these Terms or our Services, please contact us at:

HYSTEAKS
hysteaks999@gmail.com