These Terms of Service ("Terms") govern your use of the "Luganodes Platform" (accessible at www.luganodes.com) and any services provided by Luganodes, a brand of Boldfit Tech Solutions Limited, a private limited company based in the Cayman Islands ("Luganodes", "We", "Us").
These Terms apply to all users ("User" or "You") accessing or using the Platform and/or any services provided by Luganodes, from time to time ("Services").
BY ACCESSING OR USING THE LUGANODES PLATFORM, SERVICES OR ANY PART THEREOF, YOU CONSENT TO THESE TERMS FORMING A LEGALLY BINDING CONTRACT BETWEEN LUGANODES AND YOU, AND YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS SET FORTH HEREIN, THE PRIVACY POLICY, AND ANY OTHER POLICY FORMULATED BY US, AS UPDATED OR MODIFIED, FROM TIME TO TIME, IN ACCORDANCE WITH THE PROVISIONS THEREIN.
USERS ARE ADVISED TO CAREFULLY REVIEW THESE TERMS BEFORE PROCEEDING WITH THE DELEGATION OF TOKENS. THE ACT OF SUCESSFUL DELEGATION BY USER SHALL BE DEEMED UNEQUIVOCAL ACCEPTANCE OF THESE TERMS AS A LEGAL AND BINDING CONTRACT. IF THE USER DOES NOT AGREE WITH, UNDERSTAND, OR IS UNABLE TO COMPLY WITH THESE TERMS, THE USER SHALL NOT DELEGATE TOKENS TO LUGANODES NOR OTHERWISE AVAIL ANY SERVICES.
ELIGIBILITY
By delegating Tokens to Luganodes, the User represents and warrants that they are not from a Restricted Jurisdiction, and are legally competent to enter into a binding contract under applicable law, and are at least 18 years of age. The User must have the legal capacity to understand, accept these Terms and fulfil the obligations set forth herein.
If the User is acting on behalf of a company, entity, or organization, the User represents and warrants that they have the full legal authority to bind such company, entity, or organization to these Terms. In such cases, all references to "User" and "You" shall include the respective company, entity, or organization.
User fully understand the risks involved before making a decision to use the Services or the Platform.
Users who do not meet these eligibility requirements shall not delegate Tokens to Luganodes. Users may also be subject to KYC process as part of the on-boarding process for the Services / Platform.
ACKNOWLEDGMENT OF THE DECENTRALIZED AND PERMISSIONLESS NATURE
The User acknowledges and understands that, due to the permissionless and decentralized nature of the Network, Luganodes has no control over who delegates validation rights to its nodes, nor can it verify or restrict such delegations. Specifically:
Any person holding tokens may anonymously delegate their validation rights to Luganodes on the Network, and Luganodes has no ability, obligation, or responsibility to verify, restrict, or prevent such delegation.
Luganodes does not and cannot ascertain, verify, or monitor any identifying information regarding Users, including but not limited to their name, country of origin, country of residence, age, legal status, entity type, affiliations, good standing, or criminal history.
Given these inherent characteristics of the Network, the User acknowledges that their participation is entirely voluntary and undertaken at their sole risk. The User agrees that Luganodes shall not be responsible for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of funds, business, reputation, or data, arising out of or related to the User's use of the platform.
Furthermore, the User expressly acknowledges and agrees that Luganodes shall not be liable for any consequences, legal or otherwise, resulting from the User's failure to comply with these conditions. Luganodes' knowledge, lack of knowledge, or failure to act upon any non-compliance by the User shall not be deemed a waiver of any rights, remedies, or defenses available to Luganodes under these Terms or applicable law.
REPRESENTATIONS AND WARRANTIES OF USER
The User acknowledges and agrees that the below representations and warranties are deemed to be made continuously throughout the duration of their use of Luganodes' Services / Platform and are reaffirmed each time the User accesses or utilizes the Platform or the Service or any part thereof:
Status: If User is an individual, User is of legal age in the jurisdiction where User resides and is of sound mind and body. If User is a business entity, it is properly organized, legitimately existing, and in good standing under the Laws of the jurisdiction in which it is organized, and it possesses all of the necessary power and authority for a business entity of its kind to carry on its business as it is presently carried on.
Power and Authority: The User possesses all of the necessary ability, power, and authority to accept the terms and conditions of these Terms, as well as to carry out and execute its duties under these Terms. These Terms are a legal, legitimate, and binding obligation of User that can be enforced against User in line with their terms.
No Conflict; Compliance with Law: User's acceptance of these Terms and delegation of its Validation Rights to Luganodes do not constitute, and cannot reasonably be expected to result in (with or without notice, a lapse of time, or both) a breach, default, contravention, or violation of any Law, regulation, decree, or legal restriction, tax regulation or obligation, or any order or judgment of any court or other government agency applicable to User, or contract or agreement to which User is a party. User specifically acknowledges that it will completely comply with all applicable Laws and regulations.
Persons Subject to Sanctions: User is not, and is not owned or controlled by, or acting on behalf of, any other Person identified on any list of prohibited parties maintained by any Law or by any Governmental Authorities, such as, for example, the lists maintained by the United Nations Security Council, the United States government (including the U.S. Treasury Department's Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of User's country of citizenship. User is not situated, habitually resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea area (including Sevastopol), or any other nation or jurisdiction against which the United States maintains economic sanctions or an arms embargo. Tokens issued by Users are not sourced from, or otherwise represent the proceeds of, any unlawful or illegal activity.
No Claim, Loan, Ownership Interest, or Investment Purpose: User understands and agrees that neither User's Delegation of Validation Rights and Voting Rights to Luganodes, nor Luganodes' provision of Services hereunder: (a) represents or constitutes a loan or contribution of capital to, or other investment in, Luganodes; or (b) provides User with any ownership interest, equity, security, or right to or interest in Luganodes' assets, rights, properties, revenues, or profits, or any voting rights whatsoever in, Luganodes; or (c) creates or suggests any fiduciary or other agency connection between Luganodes and any of its directors, officers, employees, agents, or affiliates, or entitles User to any fiduciary or similar responsibility on the behalf of any of the above Persons. User is not engaging in these Terms or delegating Validation Rights or Voting Rights to Luganodes to make an investment in Luganodes or its securities, but rather to obtain the Services from Luganodes. User acknowledges and accepts that Luganodes will not receive or hold any Block Rewards or Transaction Fees on User's behalf and that the Network has no obligation or control over whether the Network delivers Block Rewards or Transaction Fees to User. The sole responsibility of Luganodes under these Terms is to execute the Services in accordance with the terms and circumstances set out in these Terms, which may, but is not guaranteed to, result in the User obtaining Block Rewards and Transaction Fees directly through Network operations.
Non-Reliance: The User is well-versed, experienced, and intelligent in the use and evaluation of the Network and related technologies, and its suitability. In deciding to delegate any Validation Rights or Voting Rights to Luganodes and enter into these Terms, User has conducted its own thorough independent investigation and analysis of the Network and the other matters contemplated by these Terms, and has not relied on any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Luganodes in connection therewith.
No Advice: User understands and agrees that Luganodes is not Your broker, custodian, intermediary, agent or advisor, and We have no fiduciary relationship or obligation to You. We do not provide investment or consulting advice of any kind and no communication or information that We provide to You is intended as, or should be construed as, advice of any kind.
Any breach of these representations and warranties may result in the suspension or termination of their access to Luganodes' Services and may subject them to legal or regulatory action. Luganodes reserves the right to take any necessary measures to protect its interests and the integrity of the Network, including reporting violations to relevant authorities and implementing technical or contractual restrictions as deemed appropriate.:
SERVICES
Luganodes shall provide the below Services on the Platform:
The software and infrastructure required to run a Validator Node on the Network are managed by Luganodes as a service. When Luganodes is chosen by You to run a Validator Node on the Network, Luganodes provides Services to the User by allowing the User to exercise its Validation Rights on the Network, post successful deletion by the User, via Luganodes' Validator Node in exchange for Service Fees, as per the Token and Network specifications.
Luganodes does not guarantee, represent, or warrant that it will operate or continue to operate as a Validator Node on the Network at any time or for any specific duration. Luganodes retains sole discretion over its participation as a Validator Node and makes no assurances regarding its continued functionality, availability, or performance in such capacity. The failure of Luganodes to become, remain, or operate as a Validator Node, whether due to technical, regulatory, operational, or any other reasons, shall not constitute a breach of these Terms, nor shall it impose any liability, obligation, or responsibility on Luganodes to the User or any third party.
Fork Handling: Like all decentralized, open-source blockchains and blockchain protocols, the Network may experience "forks". Forks occur when some or all of the people running the software for a specific blockchain adopt a new client or a new version of an existing client that: (a) changes the protocol rules in a backward-compatible or backward-incompatible way that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the protocol's future operation; or (b) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious", and as a result, two or more lasting alternate versions of the protocol or blockchain may be perceived or claimed to be the genuine continuation of the original. Luganodes may be unable to predict, control, or influence the incidence or result of Network or other blockchain splits, and assumes no risk, responsibility, or duty in this regard. Without limiting the extent of the foregoing, Luganodes assumes no duty for informing Users of pending, threatened, or actual forks. Luganodes will respond to any forks in its full and absolute discretion, and Luganodes shall have no duty or liability to the User if such action benefits Luganodes at the expense of the User. Without limiting the generality of the preceding, Luganodes' possible and permissible responses to a fork include, among other things, (i) continuing to serve as a Validating Node on both chains; (ii) serving as a Validating Node only on one chain; (iii) ceasing to serve as a Validating Node on both chains; or (iv) switching from serving as a Validating Node on one such chain to serving as Validating Node on the other chain. In the case of a Network fork, the same amount of tokens/Validation Rights that were bonded/successfully Delegated to Luganodes on the original chain will be bonded/delegated to Luganodes on the forked chain by default. If Luganodes does not choose to support both chains, the User's Validation Rights and Voting Rights on the unsupported chain may go unexecuted, and the User may temporarily or permanently lose tokens, Block Rewards, or Transaction Fees on the unsupported chain. User assumes full responsibility for autonomously staying informed about prospective forks and managing User's interests in connection with them, including possibly withdrawing a Delegation to the public key of Luganodes' Validator Node on a fork that Luganodes does not support.
Except as otherwise specified in these Terms, the outcomes of Network operation shall be determinative of the rights and duties of and shall be final, binding on, and non-appealable by the parties to these Terms. Without limiting the generality of the foregoing, User acknowledges and agrees that taking any action or exercising any right, power, or privilege that a Validating Node on the Network may take or exercise shall not constitute a breach, violation, or contravention of these Terms or any duty or obligation owed by Luganodes to User and that any percentage of Block Rewards, Transaction Fees, or other rewards paid to Luganodes as a consequence of Network operation constitute Service Fees and shall be the exclusive and exclusive property of Luganodes, with no claim, rights, or interests in them. In the event that any legally binding contract or agreement between or involving User and Luganodes that is implied by, or embodied in, the machine, assembly, or other code involved in, or the results of operation of, the Network or any blockchain thereof conflicts or is inconsistent in any manner with these Terms, these Terms shall take precedence over such other contract or agreement.
Non-Custodial: Luganodes operates strictly as a non-custodial staking infrastructure provider and does not, at any point, take custody, possession, or control of your digital assets, tokens, private keys, or wallet credentials, nor is it responsible for the acts or omissions of your custodians and other service providers. You are solely responsible for managing and safeguarding your cryptographic private keys and wallet access. We do not request, store, or recover your private keys, and You should not share your wallet information with Luganodes or any unauthorized party, and any transactions executed through your wallet (whether by You or any third party) shall be deemed authorized by You. We make no representations or warranties regarding the compatibility of our Services with any specific wallet provider, blockchain Network, or third-party application. You acknowledge that your wallet is an independent, third-party tool, and We assume no responsibility or liability for its security, functionality, errors, or any unauthorized access, failures, or disruptions in connection with your use of any wallet. Luganodes is not responsible for any loss of funds, staking rewards, penalties, or slashing events resulting from issues related to your wallet, incorrect transactions, or unauthorized access.
No Fiduciary Responsibility: These Terms does not create or impose any fiduciary duties on Luganodes. To the fullest extent permitted by law, You acknowledge and agree that Luganodes owes You no fiduciary obligations, trust obligations, or equitable duties. Any and all fiduciary duties that may otherwise exist at law or in equity are hereby expressly disclaimed, waived, and eliminated. You further agree that Luganodes has no duty to act in your best interest beyond the obligations expressly set forth in these Terms.
RESTRICTED AND PROHIBITED USE
By using Luganodes' Services or Platform, You agree not to engage in any unlawful, unauthorized, or harmful activities, including but not limited to:
Accessing, using, or delegating validation rights on the Luganodes Platform and/or Services if the tokens involved in the Network are classified as securities under any applicable law and require registrations, licenses, or permits not held by Luganodes.
Using the Platform or Luganodes Services if You are in a Restricted Jurisdiction or otherwise subject to sanctions imposed by any governmental authority, including being listed on the OFAC list or any other restricted persons list.
Using the Platform or Services in a manner that would cause Luganodes to be classified as a "money transmitter" under anti-money laundering (AML) or any "know-your-customer" (KYC) regulations, without the ability to comply due to the decentralized and permissionless nature of the Network.
Attempting to use the Platform or Services fraudulently, deceptively, or unlawfully, including using false identities, circumventing KYC/AML requirements, or engaging in activities that may compromise the integrity of the Network.
Violating any applicable Laws, regulations, or contractual obligations related to staking, node operations, or blockchain governance.
Infringing upon intellectual property rights, including copyrights, trademarks, patents, trade secrets, or privacy and publicity rights.
Engaging in any form of deceitful or fraudulent activities such as market manipulation, front-running, sandwich attacks, or other deceptive practices that disrupt fair participation in blockchain ecosystems.
Attempting to gain unauthorized access to Luganodes' validator nodes, staking infrastructure, consensus mechanisms, or other restricted systems.
Disrupting, compromising, or interfering with the security, consensus integrity, or performance of blockchain networks, validator operations, or staking pools.
Impersonating any person, validator entity, or protocol participant, misrepresenting validator status, or providing false or misleading information.
Engaging in conduct that could harm, disable, overburden, or impair Luganodes' infrastructure, validator health, or blockchain security.
Criticising or otherwise disseminating false, misleading, or harmful information about Luganodes, its validators, staking protocols, or blockchain networks, during or after the term of Your use of the Services / Platform.
Engaging in collusion, Sybil attacks, censorship attacks, or any malicious activities that compromise decentralization, Network consensus, or fair validator participation.
Exploiting smart contract vulnerabilities, manipulating oracles, or making unauthorized modifications to blockchain protocols or governance proposals.
Luganodes reserves the right to suspend or terminate access Your access to the Services and/or Platform for any violations of these prohibitions and may take further legal or technical action as necessary.
RISK WARNING
This Risk Warning Section outlines the key risks associated with staking and validation services, including the Luganodes Services and Platform, and is indicative and not exhaustive. Each blockchain Network has unique risks, and this Section does not cover all possible risks, You must undertake your own research and assessment. You must fully understand the risks before using Luganodes' Services or Platform. By staking or successfully delegating, You accept all related risks, including potential loss of staked assets, penalties, slashing, and missed rewards:
Staking and Digital Asset Risks
Staking carries the risk of losing all or part of your investment due to market fluctuations, protocol failures, or Network issues.
Returns are not guaranteed, and past performance does not indicate future earnings.
Many blockchain Networks impose slashing penalties which can result in a loss of staked assets.
Staked assets may also be locked for a fixed period, making them inaccessible and illiquid.
Rewards can be reduced due to Network congestion, validator downtime, or governance changes.
Luganodes does not guarantee continuous or maximum reward generation.
Network, Security, and Technical Risks
Staking services rely on blockchain Networks that may experience downtime, congestion, forks, or security breaches, impacting rewards and asset availability.
Blockchain protocols and smart contracts may contain bugs, exploits, or vulnerabilities that could lead to asset loss. Luganodes does not control their development or security.
Digital assets are exposed to cyberattacks, phishing, and security breaches. While Luganodes employs strong security measures, no system is entirely immune.
Luganodes does not manage private keys. Users are responsible for securing their private keys and wallets, as loss of access may result in the permanent loss of assets.
Regulatory and Compliance Risks
The legal status of digital assets and staking services varies by jurisdiction and may change without notice.
Authorities may impose new restrictions, compliance obligations, or taxes.
Regulatory actions could result in asset freezing, confiscation, or restrictions on staking services. Some jurisdictions may not recognize digital assets as property, affecting ownership rights.
New legislative changes may impact or prohibit staking services, affecting user access to Luganodes' Platform or Services, and Luganodes disclaims any liability which arises from such changes.
Third-Party Risks
Luganodes and Users rely on third-party infrastructure providers, custodians, and blockchain networks. Failures, mismanagement, or security breaches by these parties may affect services or your benefits.
Users staking through third-party wallets, exchanges, or custodians are subject to their terms and risks. Luganodes is not responsible for losses due to their failures, mismanagement, misrepresentation, lack of knowledge / expertise, or insolvencies.
Luganodes is not liable for losses caused by malicious actors, Network validators, or external service providers, whether within or outside Luganodes' knowledge.
Availability and Service Risks
Luganodes strives for high uptime, but Services and/or Platform may be interrupted due to maintenance, Network failures, or external disruptions.
Errors in delegation, including arising due to mismanagement and/or lack of User's knowledge, may cause losses, delays, or unintended outcomes.
Certain staking services may be unavailable in specific jurisdictions due to regulatory constraints.
Users must ensure compliance with applicable Laws and understand the Laws in their jurisdiction.
Counterparty and Liquidity Risks
Digital assets may have limited liquidity, making it difficult to sell or unstake assets quickly without significant price impact.
Users may be exposed to counterparty risks, including defaults and insolvencies.
Liquidity risks may increase during market stress, causing potential losses or delays in unstaking assets.
Digital Asset and Market Risks
Digital asset prices are speculative and may fluctuate unpredictably due to market sentiment, regulations, or technological changes.
If a single entity gains control of over 51% of a blockchain's Network power, they could manipulate transactions, impacting staking rewards and security.
Blockchain networks may undergo forks, airdrops, updates, or governance changes, affecting services and asset compatibility.
Negative media coverage, regulatory interventions, or sudden market downturns can impact the value of staked assets.
You accept that You are availing the Services at your sole risk, after complete understanding and acceptance of all risks, whether or not listed above.
DISCLAIMERS AND NO WARRANTY BY LUGANODES
Luganodes provides its Services and Platform strictly on an "as is" and "as available", with all fault's basis, without any representation or warranty, whether express, implied, or statutory, to the maximum extent permitted by applicable law. The User acknowledges and agrees that their use of Luganodes' services is entirely at their own risk. Luganodes does not guarantee the availability, reliability, or performance of its Platform or Services, nor does it guarantee the functionality or stability of the blockchain networks it interacts with.
Luganodes expressly disclaims all warranties, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Luganodes does not warrant that access to its Platform, Services, or any materials, information, or data contained therein will be continuous, uninterrupted, error-free, or immune from security breaches. Luganodes does not guarantee that delegated tokens will always be staked or restaked successfully or that Users will earn staking rewards. The User acknowledges that staking and restaking are subject to risks associated with blockchain protocols, validator operations, and external factors beyond Luganodes' control.
Luganodes will make commercially reasonable efforts to process staking and/or restaking transactions in a timely manner; however, it does not guarantee the speed, success, or outcome of any transaction. The completion of transactions is dependent on multiple external factors, including but not limited to blockchain congestion, validator set limitations, smart contract execution, protocol governance decisions, Network forks, software bugs, and third-party infrastructure failures. Luganodes shall not be liable for any delays, failures, or losses arising from these external or other dependencies.
Luganodes disclaims any liability for risks associated with staking and restaking. The User assumes full responsibility for all such risks, including but not limited to the possibility of slashing and penalties, which may result from misbehavior, mismanagement, improper delegation, Network-imposed penalties, or other performance failures that could lead to partial or total loss of staked tokens. The User understands that there is no guarantee of rewards or returns, as staking and restaking are subject to fluctuating Network conditions, governance decisions, and technical failures that may impact expected earnings. Additionally, the User acknowledges the potential loss of control over delegated tokens, which may be subject to lock-up periods, governance-imposed restrictions, or staking mechanisms that limit their ability to withdraw, transfer, or manage their assets as desired. Luganodes shall not be held liable for any financial losses incurred as a result of protocol-enforced restrictions.
Luganodes shall not be responsible for any losses, damages, or liabilities resulting from the acts, omissions, mismanagement, or failures of third parties, including but not limited to wallet providers, exchanges, custodians, liquidity providers, node operators, blockchain developers, protocol governance bodies, security auditors, or infrastructure providers, whether such third parties act negligently or otherwise. Furthermore, the User accepts all protocol and smart contract risks, understanding that blockchain networks are subject to governance changes, software bugs, security vulnerabilities, and unforeseen exploits that may negatively affect staking operations. Luganodes shall not be responsible for any losses resulting from these risks, nor shall it be liable for any incorrect, misleading, or incomplete third-party information that Users may rely upon in connection with delegation or staking.
Luganodes makes no warranties regarding the security, stability, or continued operation of any blockchain protocol and shall not be responsible for any disruptions, losses, or damages arising from protocol-level failures, governance actions, or technical defects in the smart contract code. The User explicitly acknowledges and agrees that all staking / restaking activities are undertaken at their own risk, and Luganodes disclaims all liability for any financial or operational losses arising from the inherent risks of blockchain staking, including total loss of tokens. The User further understands and accepts that blockchain transactions are irreversible, and once initiated, they cannot be altered, reversed, or refunded. Luganodes does not have the ability to recover lost funds or correct mistaken transactions.
The User may seek or receive technical or product support, information, advice, or guidance from Luganodes regarding its Services, including through third-party service providers, chat interfaces, or email. While Luganodes strives to provide reliable and accurate support, it does not make any representations or warranties, express or implied, regarding its accuracy, completeness, or the results obtained from it. All support provided by Luganodes is for informational purposes only, and by accepting such support, the User acknowledges that they have the necessary skill and experience to evaluate and use Luganodes' Services at their own discretion and risk. Except in cases of Luganodes' sole gross negligence, the User agrees to hold Luganodes harmless from any injury, loss, or damage arising from the support provided.
The User acknowledges that customer support may be impersonated by malicious third parties, and Luganodes is not responsible for any actions, losses, or damages caused by such impersonators.
Luganodes provides its Services and Platform strictly in accordance with applicable Laws and industry standards but does not guarantee that its Services will meet the legal or regulatory requirements applicable to any specific User. Users are solely responsible for ensuring their compliance with all Laws, regulations, and contractual obligations that may apply to their participation in staking, delegation, or any related activities.
Luganodes does not assume any liability for any legal, financial, tax, or regulatory consequences arising from a User's use of its Services or the Platform. Luganodes makes no representations or warranties regarding the legality, permissibility, or regulatory status of staking, delegation, or any associated transactions in any jurisdiction. Users are advised to seek independent legal and financial advice before engaging with the services.
Luganodes does not control, verify, or guarantee the accuracy of any third-party services or information that Users may rely upon in connection with delegation or staking. Any reliance on such services is at the sole risk of the User, and Luganodes shall not be liable for any resulting damages, losses, or liabilities.
By using the Luganodes Platform or Services, the User expressly acknowledges and agrees to all the disclaimers contained herein. If the User does not agree with any part of this Disclaimer, they must immediately cease using the Luganodes Platform and Services.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, Luganodes shall not be liable or responsible for any damages, liabilities, losses, costs, out-of-pocket expenses (including attorneys' fees), whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, arising out of or in connection with these Terms, the Service, or any matters or services contemplated hereby. This includes, without limitation, any loss of tokens, loss of revenue, loss of actual or anticipated profits, loss of business, loss of contracts, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of reputation, loss of data, damage to or corruption of data, or loss of the use of money, whether such loss arises from a claim of breach of contract, tort (including negligence), strict liability, misrepresentation, restitution, breach of statutory duty, or any other legal or equitable cause of action.
Without limiting the foregoing, Luganodes shall under no circumstances be liable for any losses, damages, or liabilities arising from, related to, or resulting from:
Loss, mismanagement, theft, unauthorized access, compromise, or unavailability of digital assets, private keys, wallet credentials, staking rewards, or tokens, whether caused by the User, third parties, custodians, exchanges, or any other intermediaries;
Errors, delays, misconfigurations, incorrect transactions, improper or unsuccessful delegation, failures, or omissions by the User or any third party, including but not limited to incomplete, erroneous, duplicate, or unauthorized transactions, late execution or settlement, or misinterpretation of staking protocols;
User's or any third party's mismanagement, technical incompetence, lack of understanding, negligence, or failure to adhere to proper delegation, staking, or blockchain Network processes;
Acts, omissions, misconduct, fraud, negligence, or failures of any third parties, including but not limited to custodians, validators, wallets, exchanges, staking service providers, infrastructure providers, security providers, or any other intermediaries, whether with or without Luganodes' knowledge or control;
Slashing penalties, validator downtime, Network failures, disruptions, governance actions, or protocol-level risks that impact the availability, functionality, or security of the Service;
a Network Event, a Fork or an Airdrop;
Security breaches, cyberattacks, hacking incidents, unauthorized access, vulnerabilities, or exploits affecting the Service, blockchain Network, or any third-party service provider used by the User;
Deficiencies, bugs, malfunctions, technological limitations, or inherent flaws in blockchain technology, programming languages, cryptographic systems, smart contracts, open-source libraries, or any other technology stack used in providing the Services;
Regulatory actions, enforcement measures, legal restrictions, sanctions, compliance failures, or changes in applicable Laws that impact the User's ability to access, use, or benefit from the Services;
Any force majeure events, including but not limited to natural disasters, wars, civil disturbances, government restrictions, cyber warfare, regulatory crackdowns, Network congestion, or any other events beyond Luganodes' reasonable control.
Without prejudice to the foregoing and notwithstanding any other provision in these Terms or any other agreement executed between You and Luganodes, in no event shall the total aggregate cumulative liability of Luganodes, its affiliates, directors, officers, employees, agents, and representatives for any and all claims, damages, losses, liabilities, costs, or expenses, whether in contract, tort (including negligence, misconduct), strict liability, or otherwise, exceed USD 2,500 (United States Dollar Two Thousand Five Hundred). This limitation shall apply regardless of the number of claims, events, or circumstances and shall constitute full and final settlement of all liabilities against Luganodes arising from or related to the relevant event/s. Any such payment shall constitute full and final settlement of all claims and liabilities against Luganodes arising from the relevant event(s).
You acknowledge and agree that Luganodes and its affiliates, directors, officers, employees, agents, and representatives are not aware of any special circumstances applicable to You, and that monetary damages are an adequate remedy. You expressly waive any right to claims beyond above damages, including but not limited to claims in rem, injunctions, or specific performance.
To the fullest extent permitted by law, the User irrevocably waives and releases Luganodes from any and all claims, liabilities, losses, or damages arising from or related to their use of the Service, including those resulting from technological limitations, staking risks, regulatory uncertainty, mismanagement, third-party actions or omissions (whether with or without Luganodes' knowledge), or any other unforeseen consequences.
SERVICE FEES
Luganodes will be paid a Service Fee for their Services. The Network normally charges and distributes this Service Fee to Luganodes as a validator automatically, with certain exceptions for Networks that do not automate this procedure (e.g. Tezos, Mina, and Helium). The Service Fee is stored and documented in the metadata of each Luganodes Validation Node on each separate Network's digital ledger and/or accessible by Network observation tooling (block explorers). It is also available on the Luganodes website, https://www.luganodes.com.
TERM AND TERMINATION
The Service under these Terms will start on the Start Date. The Start Date of the Service is the date on which the User first accesses the Platform or successfully delegates any Token(s) to Luganodes.
Either party may terminate these Terms by delivering written notice of termination to the other Party: (i) in the case of User, by retracting their Tokens, subject to unbonding period; or (ii) in the case of Luganodes, by taking steps to shut down the Validator Node or, if technically possible, denying/terminating User's delegation of Tokens to Luganodes.
Luganodes may immediately terminate these Terms or otherwise suspend or permanently block your access to the Services or the Platform, in its sole discretion, if the User breaches any condition of these Terms.
Upon termination, the User must (i) discontinue usage of the Luganodes Service and the Platform; (ii) initiate re-delegation and unbonding of the Tokens, if applicable; and (iii) pay to Luganodes any fees and costs owed up to the termination date. All terminations are subject to any restrictions on termination contained in the additional terms and the terms of the Supported Blockchain / Network.
Luganodes shall pay to the User its applicable Block Rewards less Luganodes costs and Service Fee upon termination. Furthermore, the termination of these Terms for any reason shall not affect Luganodes' claim to any fees and costs owed.
All licenses to access and use the Services will also expire upon termination of these Terms, and the User will immediately cease all such access and use.
Any responsibilities and liabilities that, by their nature, continue beyond the expiration or termination of these Terms, including, without limitation, accrued rights to payment, warranty disclaimers, and limits of liability, will survive the expiration or termination of these Terms.
TAX
It is your responsibility as a User to determine, collect, report, and remit any taxes applicable to the payments You make or receive through the Luganodes Platform / Service. We do not determine whether taxes apply to your use of our services, nor are We responsible for collecting, reporting, or remitting any taxes arising from your transactions. You acknowledge that We may report certain transactions to tax authorities as required by applicable Laws and, at our discretion or as mandated, provide You with relevant documentation for tax compliance. We also reserve the right to withhold or deduct taxes at the source where required by applicable law. You understand that We are not liable or responsible for your tax compliances.
TRADEMARK AND INTELLETUAL PROPERTY
Unless otherwise stated in these Terms, all copyrights and intellectual property rights in all information, data, text, code, images, links, sounds, graphics, videos, and other materials available on our Platform or provided in connection with the Services (including access via APIs) (collectively, "Materials") are the exclusive property of Luganodes, its licensors, or suppliers. These Materials are protected by applicable copyright and intellectual property Laws.
We grant You a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Materials solely for your personal, non-commercial, or internal business purposes. This license does not permit: (i) resale or commercial distribution of the Materials; (ii) public performance, display, or unauthorized sharing of the Materials; (iii) modification, adaptation, or creation of derivative works; or (iv) any use beyond the intended purpose of the Materials.
The trademarks, service marks, and logos ("Trademarks") featured on Luganodes' Platform or Services are the registered and unregistered property of Luganodes and its licensors. Nothing should be interpreted as granting any license or right to use, copy, or reproduce any Trademark, whether in whole or in part, through implication, estoppel, or otherwise, without prior written approval from Luganodes or the respective Trademark owners. Unauthorized use of Luganodes' Trademarks, trade names, or company names, including as a "hot" link to any website, is strictly prohibited unless expressly permitted in writing by Luganodes.
Any and all Material is provided on an as isbasis, only for informational and educational purposes, without any representations and warranties of correctness, accuracy or reliance. Please conduct Your own research.
No Responsibility for Third-Party Services
We do not operate, control, or endorse the content, products, or services of any third party. We are not responsible for any information, privacy policies, security practices, or terms of service associated with third-party services. Your use of any third-party Services is solely at your own risk, and We encourage You to review their terms and policies before engaging with them.
If our Services or Platform integrate with third-party platforms (such as custodians, blockchain networks, or external APIs), You acknowledge that: We are not liable for any failure, delay, interruption, or security breach caused by Third-Party Services. Any transactions conducted through Third-Party Services are solely between You and the third party, and We do not assume any liability for disputes, errors, or fraudulent activities. We do not warrant the accuracy, reliability, or completeness of any content, products, or services provided by third parties.
INDEMNITY
You agree to indemnify, defend, and hold harmless Luganodes, its affiliates, officers, directors, employees, agents, licensors, service providers, and contractors ("Indemnified Parties") from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use or misuse of Luganodes' Services or Platform, including staking, delegation, or operations;
Your violation of these Terms, applicable Laws, Network protocols, or third-party rights;
Any failure to comply with staking conditions, governance rules, or Network security requirements;
Your infringement of Material, intellectual property, privacy, or proprietary rights of any third party;
Your lack of knowledge with respect to the Network or protocol;
Your failure to evaluate the risks;
Your breach of any applicable Laws;
Any unauthorized access, use, or compromise of Luganodes Platform
Any disputes or issues arising from interactions with third-party services, custodians, or staking providers integrated with Luganodes.
Luganodes reserves the right to assume exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate fully in such defense promptly at your cost and expense. You may not settle any claim without our prior written consent.
**USER MATERIAL **
If You submit any reviews, posts, feedback, suggestions, information, data, or comments and provide inputs, observations and other feedback to Luganodes or its personnel (including via our "Contact Us" pages or other communication channels including texts and messaging apps), through our Services, or directly to us ("User Material"), You grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, and transferable license to use such User Material in the form and manner We deem fit. This includes, but is not limited to, the rights to reproduce, display, modify, distribute, adapt, perform, and develop the content in any form of media, whether existing or developed in the future, for the purpose of operating the Platform, the Services and /or supporting our business activities (including, where legally permitted, data analytics).
You represent and warrant that You own or have the necessary rights, consents, and permissions to grant these rights and that your User Material is your original creation or does not infringe upon any third party's intellectual property or other rights. You acknowledge that (1) We are not responsible for any User Material posted on the Sites, whether by You or third parties, and (2) any use of such material is at your own risk, with no warranties provided by us. Any feedback or suggestions submitted via the Website or Services shall become our property, and We may use or disclose such input for any purpose. We are not obligated to maintain confidentiality regarding submitted feedback unless explicitly agreed by the relevant Luganodes entity handling the customer relationship or as otherwise required by applicable law.
MISCELLANEOUS
Governing Law: These Terms shall be governed by and construed in accordance with the Laws of the Cayman Islands, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be finally settled by arbitration administered by an arbitral institution in the Cayman Islands.
Dispute Resolution: The arbitration shall be conducted in accordance with the rules of the selected institution, with the seat of arbitration in the Cayman Islands. The language of arbitration shall be English, and the arbitral award shall be final and binding on the parties. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, the existence or content of the Claim, all documents and information provided or exchanged in connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential and no party shall disclose any of the foregoing to any third party unless mandated by any Laws / Government Authority.
NO CLASS ACTION: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. HOWEVER, THIS PROVISION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND, IN SUCH CASES, CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PROHIBITED AND MAY BE AVAILABLE.
Successors and Assigns: These Terms will benefit the parties and their respective permitted successors, assigns, transferees, and delegates, and will be binding on all of the foregoing persons as well as any Person who may otherwise succeed to any right, obligation, or liability under these Terms by operation of law or otherwise. User shall not share, provide a copy of, or transfer to any Person the private key associated with any tokens for which Validation Rights have been Delegated to Luganodes without first notifying such Person that such Person shall be bound by and become a party to these Terms by making any use of such private keys while such Delegation is in effect.
No Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We reserve the right to assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, without restriction or prior notice to You. This agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
Entire Terms: The rule of contra proferentem, which provides that any ambiguity in a contract should be interpreted against the drafter, shall not apply to these Terms. The parties acknowledge that these Terms have been mutually reviewed, and any ambiguity shall not be used to the detriment of Luganodes. All provisions shall be interpreted fairly and in accordance with their intended purpose. These Terms along with the Service Agreement (if any executed between the parties) comprise the parties' complete agreement relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties. In case of conflict between these Terms and the Service Agreement, these Terms shall prevail.
Severability: Should any portion or term of these Terms be deemed illegal by any competent court, governmental or administrative authority with jurisdiction, the other sections of these Terms will continue in effect. In this situation, the Parties shall make every effort to negotiate a substitute provision that best represents the Parties' economic purposes while being enforceable, and shall execute all agreements and papers needed in this regard. The same shall apply if and to the extent that any gaps or omissions are discovered in these Terms.
Notices: All notifications under these Terms must be in writing (including e-mail). Notices shall be regarded as given when they are received.
Force Majeure: A Force Majeure Event refers to any event or circumstance beyond the reasonable control of Luganodes that prevents, delays, or hinders its ability to perform its obligations under these Terms; such events include, but are not limited to, natural and external events like acts of God, including earthquakes, floods, hurricanes, wildfires, lightning, tsunamis, or other natural disasters, pandemics, epidemics, biological outbreaks, or government-imposed quarantines, war (whether declared or not), armed conflicts, riots, insurrections, acts of terrorism, civil unrest, labor strikes, industrial disputes, embargoes, or trade restrictions; legal and regulatory events such as changes in Laws, regulations, court orders, government directives, or regulatory restrictions that impact staking operations or blockchain services, government-imposed bans, sanctions, or restrictions on blockchain networks, staking services, cryptocurrencies, or digital assets, law enforcement actions, asset seizures, or compliance-related interruptions affecting blockchain operations; Network and blockchain-related events including consensus failures where blockchain validators fail to reach consensus, leading to stalled or reverted transactions, unexpected hard forks or soft forks causing operational disruptions or incompatibility issues, blockchain reorganizations (reorgs) where previously confirmed blocks are replaced, leading to transaction rollbacks, 51% attacks where malicious control over a blockchain's hashing power enables double-spending or manipulation, protocol failures or bugs in staking mechanisms or blockchain code leading to loss of funds or service failures; cybersecurity and technological failures such as hacks or security breaches involving unauthorized access, theft of funds, private key compromises, or malicious cyber activities targeting blockchain infrastructure, denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks aimed at overwhelming blockchain nodes or staking platforms, smart contract exploits leading to unintended fund transfers or disruptions, infrastructure failures including server outages, data center failures, cloud service disruptions, or hardware malfunctions affecting Luganodes' operations; communication and internet disruptions including internet service failures such as widespread Network outages, loss of connectivity, or ISP failures preventing validator participation, satellite or relay node failures interrupting blockchain communication channels affecting staking performance, censorship or blacklisting imposed by governments restricting access to blockchain nodes or staking services; economic and market events like extreme market volatility leading to unforeseen fluctuations in digital asset prices, Network fees, or staking reward structures, liquidity crises where validators, delegators, or exchanges face liquidity shortages impacting staking rewards or token withdrawals, Network congestion due to high transaction volumes increasing fees, transaction delays, or failed staking operations; in the event of a Force Majeure Event, Luganodes shall not be liable for any failure or delay in performance but will make commercially reasonable on a best efforts basis to mitigate the effects and resume services as soon as practicable.
Amendment and Modifications: Luganodes reserves the right to amend, modify, update, or replace these Terms at any time, with or without prior notice, at its sole discretion. While We may attempt to provide prior notice of material changes on a best-efforts basis and/or where required by applicable Laws, your continued use of our Services or Platform or any part thereof after any modifications shall constitute your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for updates. All modifications shall take effect from the date specified in the revised Terms or, if not mentioned, from the date of publication. Luganodes is under no obligation to maintain or provide access to previous versions of the Terms. If You do not agree with any amendments, You must discontinue the use of our Services / Platform immediately. We also reserve the right to modify, alter or otherwise change the Services from time to time by adding, deleting, or otherwise modifying features or functionality to improve your experience, comply with applicable regulations and/or laws or for any other reason or purpose. We further reserve the right to (i) discontinue any feature of the Services or any portion thereof at any time, including, without limitation, discontinue to support any Digital Asset, or supported Network / blockchain, or (ii) remove any content from the Services at any time, in each case for any reason in our sole discretion and without notice to You. You specifically acknowledge and agree that We are not (a) responsible for such modifications, changes, content removals, or (b) liable for any loss of value of your Tokens or loss of Net Rewards that may result directly or indirectly from any such changes.
Waiver: No failure or delay or knowledge on the part of any Person in exercising any power, right, privilege, or remedy under these Terms shall be construed as a waiver of such power, right, privilege, or remedy; and no single or partial exercise of any such power, right, privilege, or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege, or remedy. Luganodes shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege, or remedy under these Terms, unless such waiver is expressly outlined in a written instrument duly executed and delivered on its behalf; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
DEFINITIONS
The terms defined in this section, whenever used in these Terms shall have the meanings defined below:
"Block Rewards" means additional tokens that are newly minted as an increase to the total supply of tokens.
"Governmental Authority" means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial, or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
"Laws" means all Laws, statutes, legal requirements, ordinances, rules, rulings, regulations, judgments, injunctions, orders, and decrees enacted, promulgated, or issued by any Governmental Authority.
"Network" means a "Proof-of-Stake Network" is a digital blockchain ledger whereon transactions in digital tokens are recorded and stored as a result of the coordinated activities of a distributed, peer-to-peer Network of software clients ("Nodes") running a consensus protocol.
"Restricted Jurisdiction" means any state, country, territory or other jurisdiction that is sanctioned by the United Nations or where your use of the Services or the Platform would be illegal or otherwise violate any applicable law or regulation.
"Service Fees" means the amount paid to Luganodes for exercising Users' Validation Rights on the Network. Service Fees are usually expressed as a percentage of the total Block Rewards and Transaction Fees earned.
"Token" means any amount (including any fractional amount) of digital tokens transacted on the Network with transactions being recorded on the blockchain.
"Transaction Fees" means any amount of digital tokens paid to the Network by transactions. A part or the entirety of digital tokens paid in that way may be distributed to Users exercising their Validation Rights and Validator Nodes on the Network.
"Validator Node" for purposes of Network efficiency, only a limited number of Nodes are permitted to exercise Validation Rights on the Network at any given time.
"Validation Rights" users owning Tokens native to a specific Network can participate in maintaining the Network, where the amount of Tokens owned in relation to the total supply of Tokens in the Network is indicative of their Validation Rights within the Network. Validation Rights can be delegated to Validator Nodes on the Network allowing any Token holder to participate in maintaining the Network.