Terms of Service

1. Acceptance of Terms

By accessing or using any service, website, application, or product provided by AltruNode Technologies Development and Consultant Services, LLC ("AltruNode," "Company," "we," "us," or "our"), you ("Client," "User," or "you") agree to be bound by these Terms of Service ("Terms").

These Terms apply to all users of our services, including visitors to altrunode.com and kobizeka.com, clients engaging our consulting or development services, and users of any SaaS products operated by AltruNode or its brands.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you may not use our services.

2. Description of Services

AltruNode Technologies provides the following categories of services:

2.1 Software Development Services

Custom software engineering, web and mobile application development, API integration, database design, and related technical deliverables as agreed in individual project agreements or statements of work.

2.2 Technology Consulting

Strategic technology consulting, architecture design, blockchain and web3 advisory services, AI implementation guidance, and security assessments.

2.3 SaaS Products

Subscription-based software products including products operated under the KobiZeka™ brand (kobizeka.com), accessible via web browser or API.

2.4 Website and Marketing Materials

General informational content available at altrunode.com and kobizeka.com for informational purposes.

The specific scope, deliverables, timelines, and fees for development and consulting engagements are defined in separate written agreements, project proposals, or statements of work, which are incorporated into and governed by these Terms.

3. User Accounts

Some of our services require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and not share them with third parties
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to terminate accounts that violate these Terms, contain false information, or have been inactive for an extended period.

4. Consulting and Development Services

4.1 Project Agreements

All consulting and software development engagements are governed by a separate written agreement, statement of work, or project proposal (collectively, "Project Agreement"). In case of conflict between a Project Agreement and these Terms, the Project Agreement controls for that specific engagement.

4.2 Client Responsibilities

The Client agrees to:

• Provide timely access to necessary systems, data, credentials, and personnel
• Respond to requests for clarification, review, and approval within agreed timelines
• Ensure that any materials provided to AltruNode are owned by the Client or that the Client has the right to use them
• Designate a primary point of contact for the engagement

4.3 Delays

AltruNode shall not be responsible for delays caused by Client's failure to fulfill responsibilities under Section 4.2, scope changes requested by Client, third-party dependencies outside AltruNode's control, or force majeure events.

4.4 Acceptance

Unless otherwise specified in the Project Agreement, deliverables are deemed accepted if Client does not provide written rejection with specific, actionable defects within 10 business days of delivery.

5. SaaS Products & Subscriptions

5.1 License Grant

Subject to these Terms and timely payment, AltruNode grants you a limited, non-exclusive, non-transferable, revocable license to access and use our SaaS products for your internal business or personal purposes during the subscription term.

5.2 Acceptable Use

You agree to use our SaaS products only for lawful purposes and in accordance with these Terms. You must not:

• Reverse engineer, decompile, or attempt to extract the source code of any product
• Use the product to develop competing software or services
• Share account credentials or allow unauthorized persons to access your account
• Use automated systems to access the product in a way that exceeds reasonable usage
• Attempt to circumvent any technical limitations, security features, or access controls

5.3 Service Availability

We strive to maintain high availability for our SaaS products, but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where possible. We are not liable for downtime caused by circumstances outside our reasonable control.

5.4 Data in SaaS Products

You retain ownership of data you upload to or create within our SaaS products. You grant AltruNode a limited license to process that data solely to provide the service. Upon termination, you may export your data during a 30-day wind-down period, after which it will be deleted.

6. Payments and Billing

6.1 Fees

Fees for services are as specified in your Project Agreement, subscription plan, or published pricing. All fees are in US Dollars unless otherwise stated.

6.2 Payment Processing

Payments are processed by Stripe, Inc. By providing payment information, you authorize us and Stripe to charge the applicable fees. You agree to Stripe's Terms of Service and Privacy Policy, available at stripe.com. Your payment card details are handled entirely by Stripe and are never stored on AltruNode's servers.

6.3 Subscription Billing

SaaS subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). Subscriptions automatically renew unless cancelled before the renewal date.

6.4 Late Payment

For consulting and development projects, invoices are due within the timeframe specified on the invoice (typically 15 or 30 days). Overdue amounts may accrue interest at 1.5% per month. AltruNode reserves the right to suspend services for accounts with overdue balances.

6.5 Refunds

For SaaS subscriptions, we offer refunds within 14 days of initial purchase if the product does not function as described. For consulting and development services, refunds are governed by the specific Project Agreement. We generally do not offer refunds for services already rendered.

6.6 Taxes

Fees do not include applicable taxes. You are responsible for all taxes, duties, and similar charges imposed by any governmental authority related to your use of our services, except for taxes based on AltruNode's net income.

7. Intellectual Property

7.1 Client Work Product

Unless otherwise specified in a Project Agreement, upon receipt of full payment, AltruNode assigns to Client all right, title, and interest in custom deliverables created specifically for that Client under an engagement ("Work Product"). This assignment does not include:

• AltruNode's pre-existing intellectual property, tools, frameworks, and libraries ("Background IP")
• Open source software incorporated into deliverables (subject to applicable open source licenses)
• Third-party components, APIs, or services

7.2 Background IP License

AltruNode grants Client a perpetual, non-exclusive license to use Background IP incorporated into Work Product solely to the extent necessary to use the Work Product for its intended purpose.

7.3 AltruNode IP

AltruNode retains all intellectual property rights in its SaaS products, websites, brand identities (including KobiZeka™), proprietary methodologies, and all related materials. Nothing in these Terms grants you any rights in AltruNode's trademarks, service marks, or brand names.

7.4 Feedback

If you provide suggestions, ideas, or feedback about our services, you grant AltruNode a royalty-free, worldwide, perpetual license to use such feedback for any purpose without obligation to you.

8. Prohibited Uses

You agree not to use our services to:

• Violate any applicable law, regulation, or third-party rights
• Transmit, distribute, or store any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or fraudulent
• Attempt to gain unauthorized access to any system, network, or account
• Distribute malware, viruses, or any code designed to disrupt or damage systems
• Scrape, harvest, or systematically collect data from our services without authorization
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any activity that interferes with or disrupts the operation of our services
• Use our services for money laundering, terrorist financing, or other financial crimes

Violation of this section may result in immediate termination of your account and services, and may be reported to appropriate law enforcement authorities.

9. Confidentiality

Both parties may exchange confidential information during an engagement. Each party agrees to:

• Hold the other party's confidential information in strict confidence
• Use confidential information only for the purposes of the applicable engagement
• Not disclose confidential information to third parties without prior written consent, except as required by law
• Protect confidential information with at least the same degree of care used to protect its own confidential information, and no less than reasonable care

These confidentiality obligations survive termination of the services for a period of three (3) years. Confidentiality obligations do not apply to information that is or becomes publicly known through no breach of these Terms, is independently developed, or is required to be disclosed by law or court order.

10. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

ANY TECHNICAL ADVICE, CONSULTING RECOMMENDATIONS, OR STRATEGIC GUIDANCE WE PROVIDE IS BASED ON INFORMATION AVAILABLE AT THE TIME AND IS NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR APPLICABLE TO YOUR SPECIFIC CIRCUMSTANCES. YOU REMAIN RESPONSIBLE FOR ALL BUSINESS DECISIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALTRUNODE TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.

ALTRUNODE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO ALTRUNODE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ALTRUNODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such limitations are prohibited in your jurisdiction, they shall apply to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless AltruNode Technologies and its officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party right, including intellectual property rights or privacy rights
• Content or data you provide to us or submit through our services
• Your use of our services in a manner not authorized by these Terms

13. Termination

13.1 Termination by You

You may terminate your use of our SaaS services at any time by cancelling your subscription. Cancellation takes effect at the end of the current billing period. For consulting and development engagements, termination is governed by the applicable Project Agreement.

13.2 Termination by AltruNode

We reserve the right to suspend or terminate your access to our services, with or without notice, if:

• You materially breach these Terms and fail to cure the breach within 10 days of notice
• You fail to pay fees when due
• We are required to do so by law or legal order
• We reasonably believe continued provision of services would expose us to legal liability

13.3 Effect of Termination

Upon termination, your right to use the services ceases immediately. Provisions that by their nature should survive termination (including intellectual property, payment obligations, confidentiality, disclaimers, limitation of liability, and dispute resolution) shall survive.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within 30 days.

15.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Dover, Delaware, or may be conducted remotely. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive any right to participate in a class action or class-wide arbitration.

15.4 Exceptions

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any applicable Project Agreement, constitute the entire agreement between you and AltruNode regarding the subject matter herein and supersede all prior agreements, understandings, or representations.

16.2 Amendments

We may update these Terms from time to time. Material changes will be communicated via email or website notice at least 14 days before they take effect. Continued use of our services after the effective date constitutes acceptance.

16.3 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

16.4 No Waiver

AltruNode's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.

16.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without AltruNode's prior written consent. AltruNode may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.6 Force Majeure

Neither party shall be liable for failure to perform obligations under these Terms due to causes beyond their reasonable control, including natural disasters, government actions, internet outages, or pandemics.

17. Contact Information

For questions about these Terms of Service, please contact us: