Terms and Conditions

1.1 Definitions. In the Agreement the following terms have the meanings set out below:

• "Agreement" means, collectively, these Terms and Conditions, any Services Agreement, Proposal, statement of work or order accepted by the Customer, and any Service Documentation incorporated by reference.
• "After-Hours Work" means Services performed outside Business Hours at the Customer's request or because of an emergency affecting the Customer's operations.
• "After-Hours Rate" means the hourly rate for After-Hours Work stated in the Services Agreement or, if none is stated, Bitnode's then-current after-hours rate.
• "Business Days" means Monday to Friday inclusive, excluding United States federal holidays.
• "Business Hours" means 8:00 a.m. to 6:00 p.m. Pacific Time on Business Days, unless the Services Agreement states otherwise.
• "Confidential Information" has the meaning given in Section 8.
• "Customer" means the person or organization that receives Services from Bitnode, or that accesses or uses the Website.
• "Customer Data" means the Customer's data, files, records, emails, credentials, configurations, documentation and personal information, in any form, that Bitnode receives or can access in connection with the Services.
• "Deliverables" means the work product that Bitnode creates specifically for the Customer under a Proposal or Services Agreement, such as website content, configurations, documentation and reports prepared for the Customer.
• "Fees" means all amounts payable by the Customer to Bitnode under the Agreement, including Monthly Fees, hourly charges, project fees and Reimbursable Expenses.
• "Minimum Requirements" has the meaning given in Section 4.4.
• "Monthly Fee" means the recurring fee for a Service Plan stated in the Services Agreement, excluding After-Hours Work, Out-of-Scope Work, project fees, overage charges and Reimbursable Expenses.
• "Out-of-Scope Work" means work not described in the applicable Proposal, Services Agreement or Service Documentation and not otherwise agreed in writing, including special projects, migrations, new deployments, software development, major infrastructure changes and large remediation efforts. Out-of-Scope Work becomes part of the Services when the Customer accepts a Proposal for it.
• "Proposal" means a written quote, estimate or statement of work issued by Bitnode and accepted by the Customer in writing (including by email).
• "Reimbursable Expenses" means costs that Bitnode incurs on the Customer's behalf to deliver the Services, including Third-Party Services, hardware, software licenses, subscriptions, vendor fees, shipping and travel, billed at cost without markup.
• "Service Documentation" means the documentation, diagrams, inventories, runbooks and records that Bitnode prepares describing the Customer's technology environment and how the Services are delivered.
• "Service Plan" means an ongoing support arrangement described in a Services Agreement, including the Services included, response targets and the Monthly Fee.
• "Services" means all services that Bitnode provides to the Customer under the Agreement, including Service Plans, project work, Out-of-Scope Work and transition services.
• "Services Agreement" means a written agreement for ongoing Services signed or accepted by both parties.
• "Target Response Times" means the response-time targets, if any, stated in a Services Agreement.
• "Third-Party Services" means products and services supplied by vendors other than Bitnode, including software, cloud services, licenses, hosting, hardware, warranty programs, internet connectivity, security tools and backup platforms, whether purchased by the Customer directly or procured or managed by Bitnode on the Customer's behalf.
• "Vendor Terms" has the meaning given in Section 6.1.
• "Website" means bitnode.tech and its subdomains.
• "Bitnode" means Bitnode Technologies, and "Bitnode IP" has the meaning given in Section 9.1.

1.2 Construction. Headings are for convenience only. "Including" means "including without limitation". Words in the singular include the plural and vice versa. A reference to writing includes email. No rule of strict construction applies against either party as drafter.

2.1 Scope. These Terms and Conditions apply to every Customer who receives Services from Bitnode, accepts a Proposal, enters into a Services Agreement, or accesses or uses the Website. By doing any of those things the Customer agrees to be bound by them.

2.2 Order of precedence. If there is a conflict between documents forming the Agreement, the following order applies, from highest to lowest: (a) a Services Agreement signed by both parties, but only for the Services it describes; (b) an accepted Proposal, for the work it describes; (c) these Terms and Conditions; (d) Service Documentation. The plain-language summary published on the Website at /terms-of-service is provided for convenience only, does not form part of the Agreement and does not vary these Terms and Conditions.

2.3 Changes. Bitnode may revise these Terms and Conditions from time to time by publishing the revised version on the Website with a new "last updated" date. Revisions apply to Services ordered, and to use of the Website, after the date of publication. A Services Agreement or Proposal in force on the date of publication continues under the version in force when it was accepted until it is renewed or extended.

2.4 Website use. Content on the Website is general information and is not legal, tax, security or technical advice for the Customer's circumstances. Bitnode may change or remove Website content at any time. Links to third-party websites are provided for convenience only and Bitnode is not responsible for their content or practices. The Customer will not interfere with the operation or security of the Website, attempt to gain unauthorized access to it, or use its forms to send unsolicited or unlawful messages.

3.1 Provision of Services. Subject to the Agreement, Bitnode will provide the Services described in the applicable Services Agreement or Proposal with reasonable skill and care, in accordance with generally accepted industry practice. Services may be amended only by written agreement of both parties.

3.2 Proposals and projects. Project work is described in a Proposal that states the scope, assumptions, deliverables, timeline and price. Work begins only after the Customer accepts the Proposal in writing. A Proposal is valid for the period stated in it or, if none is stated, thirty (30) days. A change to scope, or a request for Out-of-Scope Work, is quoted before the work is performed and becomes part of the Services upon acceptance. Where a Proposal states a fixed price, that price assumes the scope, assumptions and Customer responsibilities set out in the Proposal.

3.3 Service Plans. Ongoing Services are provided under a Services Agreement that states the Services included, Target Response Times, the Monthly Fee, how After-Hours Work and overages are charged, the initial term and the notice period. Target Response Times are measured from the time Bitnode receives a request through the support channel designated in the Services Agreement. Target Response Times are objectives and not guarantees of resolution within any particular time, because resolution may depend on vendors, parts, access and other factors outside Bitnode's control.

3.4 Change management. Before performing any change that Bitnode reasonably expects could interrupt the Customer's operations, Bitnode will agree a maintenance window with the Customer, document the rollback or recovery approach, and identify steps that cannot be reversed. The Customer's approval of a change constitutes acceptance of the identified risks.

3.5 Acceptable use. The Customer will use the Services only in accordance with the Agreement and the reasonable written policies that Bitnode issues from time to time, and will not use the Services in any way that is unlawful, that infringes the rights of others, or that is harmful to the Services or to Bitnode's systems, name, reputation or business.

3.6 Subcontractors. Bitnode may use employees, contractors and subcontractors to perform the Services. Bitnode will bind each of them in writing to confidentiality, security and privacy obligations at least as protective as those in the Agreement, will give them access only to the Customer Data and systems they need for their work, and remains responsible to the Customer for their acts and omissions as if they were its own. On request, Bitnode will tell the Customer which subcontractors have access to its systems or Customer Data, and will give the Customer at least thirty (30) days' notice before a new subcontractor is given that access so that the Customer may raise reasonable objections.

3.7 Onboarding review. Before a Service Plan begins, Bitnode may carry out an onboarding review of the Customer's environment, including its devices, accounts, licenses, network, backups and documentation. Bitnode will report what it finds, and the parties will agree in writing which findings must be remediated before or during onboarding and at whose cost. Onboarding fees, if any, are stated in the Proposal or Services Agreement.

3.8 Conduct at Customer premises. While at the Customer's premises, Bitnode's personnel will comply with the Customer's reasonable health, safety and security rules that the Customer has given to Bitnode in writing in advance.

3.9 Scheduled work and cancellation. Where work is scheduled for a particular date, either party may reschedule on reasonable notice. If the Customer cancels or postpones scheduled on-site or project work with less than two (2) Business Days' notice, Bitnode may charge for the time reserved that it cannot reasonably reassign, up to four (4) hours at its standard hourly rate, together with any non-refundable Reimbursable Expenses already incurred.

3.10 Service reporting. Where a Service Plan includes reporting, Bitnode will provide the reports described in the Service Plan at the stated frequency, covering matters such as ticket activity, device and patch status, backup results and security findings. Bitnode will keep reasonable records of the Services it performs and will make them available to the Customer on request during the term and for the return period described in Section 7.7.

3.7 Free assessments. A free IT assessment or similar introductory engagement is provided without charge and without obligation, is limited to observation and recommendations, and does not involve changes to the Customer's systems. Any findings are provided for information and are subject to Sections 10 and 11.

4.1 Contacts and access. The Customer acknowledges that effective Services depend on clear communication, current information and timely access. The Customer will designate a primary contact for IT decisions, an emergency contact for after-hours matters, and contacts for quote approval, purchasing and accounts payable, and will keep those designations current. The Customer will give Bitnode timely access to the systems, users, vendors, records, credentials, documentation and premises reasonably required to perform the Services.

4.2 Notification. The Customer will promptly inform Bitnode of staffing changes, device changes, vendor or provider changes, changes to its business that affect the Services, and any suspected security incident, data loss or unauthorized access.

4.3 Cooperation and internal controls. The Customer is responsible for ensuring that its users cooperate with reasonable support and security requests, that Bitnode's recommendations and Proposals are reviewed and decided upon within a reasonable time, and that its systems, accounts and credentials are used lawfully and responsibly. Unless expressly included in the Services, the Customer remains responsible for its own internal policies, user training, insurance, business controls, backups and business continuity planning.

4.4 Minimum Requirements. Secure and effective delivery of the Services depends on the Customer maintaining a technology environment that meets minimum hardware and software standards. The Customer will, at its own cost, ensure that the hardware and software used in connection with the Services meet the minimum requirements that Bitnode communicates in writing from time to time (the "Minimum Requirements"), including the use of operating systems and software that continue to receive security updates from their vendors. The Customer will install, maintain and keep current the software that Bitnode reasonably requires to deliver the Services, including remote management agents, endpoint security tools, monitoring software and backup agents. Bitnode may update the Minimum Requirements on reasonable written notice.

4.5 Accuracy of information. The Customer will provide accurate and complete information about its business and technology environment, including user and device counts, and will promptly notify Bitnode of any material change that may affect the scope or delivery of the Services.

4.6 Consequences of non-compliance. Bitnode is not responsible for delay, additional cost, service degradation, security exposure or loss to the extent caused by missing or inaccurate information, delayed approvals, unavailable access, the Customer's failure to maintain the Minimum Requirements, the Customer's decision not to implement Bitnode's written recommendations, or the Customer's failure to meet its other responsibilities under this Section. Bitnode may charge for time reasonably spent as a result at its then-current hourly rates. Where Bitnode identifies such a risk, it will notify the Customer in writing.

5.1 Fees. The Customer will pay the Fees stated in the applicable Services Agreement or Proposal. Monthly Fees are invoiced in advance. Hourly charges, After-Hours Work, overages, Out-of-Scope Work and Reimbursable Expenses are invoiced in arrears unless the Proposal states otherwise. Project fees are invoiced according to the milestones or schedule stated in the Proposal.

5.2 Currency and taxes. All amounts are stated and payable in United States dollars and are exclusive of applicable sales, use and similar taxes, which will be added to invoices where applicable.

5.3 Reimbursable Expenses; no markup. Bitnode bills Reimbursable Expenses at the vendor's price without margin, markup, commission or referral fee. Where practical, Bitnode will arrange for subscriptions and licenses to be billed to the Customer directly by the vendor in the Customer's name. Where Bitnode must pay a vendor in advance on the Customer's behalf, Bitnode may require prepayment from the Customer.

5.4 Payment terms. Invoices are due within the payment terms stated on the invoice or, if none are stated, within fifteen (15) days of the invoice date. Bitnode may charge interest on overdue amounts at the rate stated on the invoice or, if none is stated, 1.5% per month (19.56% per year), or the maximum rate permitted by law if lower, and may recover reasonable costs of collection. Invoice disputes are handled under Section 5.6.

5.5 Suspension for non-payment. If any undisputed amount remains unpaid more than fifteen (15) days after written notice that it is overdue, Bitnode may suspend Services until payment is received. Bitnode is not liable for any loss arising from a suspension under this Section, and Monthly Fees continue to accrue during suspension.

5.6 Invoice disputes. If the Customer disputes an invoice in good faith, it will tell Bitnode in writing within fifteen (15) days after the invoice date, identifying the invoice, the amount in dispute and the reason, and will pay the undisputed portion when due. The parties will work in good faith to resolve the dispute promptly. Interest does not accrue on a disputed amount while the dispute is being resolved in good faith, and Bitnode will not suspend Services under Section 5.5 for a disputed amount alone.

5.7 No set-off. The Customer will pay all Fees without set-off, counterclaim or deduction, except for deductions that applicable law requires, in which case the Customer will provide Bitnode with evidence of the deduction.

5.6 Rate changes. Bitnode may change its hourly rates and Monthly Fees on at least sixty (60) days' written notice, effective no earlier than the end of the then-current initial term of the applicable Services Agreement. Changes in vendor pricing for Third-Party Services are passed through at cost when they take effect.

6.1 Vendor Terms. Many technology services depend on third-party vendors and platforms that Bitnode does not own or control. Third-Party Services are subject to their vendors' own terms, license agreements, acceptable use policies, privacy policies, service levels, warranties, pricing, renewal terms, data retention rules, support limitations and cancellation requirements (the "Vendor Terms"). The Customer acknowledges that:

1. where Bitnode procures or manages Third-Party Services on the Customer's behalf, their cost is invoiced as a Reimbursable Expense under Section 5;
2. the Customer is responsible for reviewing and complying with the applicable Vendor Terms, and Bitnode does not advise on their legal or commercial implications;
3. the Customer will not use any Third-Party Service in a manner that breaches the applicable Vendor Terms or that could expose Bitnode to liability under them; and
4. where Bitnode becomes aware of a material change to Vendor Terms that is likely to affect the Customer's cost or use of a Third-Party Service, Bitnode will make reasonable efforts to notify the Customer, but Bitnode is not obliged to monitor all Vendor Terms and is not liable for failing to give such notice.

6.2 Vendor performance. Bitnode is not responsible for vendor outages, vendor security incidents, vendor support delays, vendor pricing or service changes, discontinued products or other third-party failures, except to the extent directly caused by Bitnode's negligence or willful misconduct. Bitnode will assist the Customer in dealing with the vendor where the Services include that assistance or where the Customer requests it at Bitnode's hourly rates.

6.3 Limited authorization. Where Bitnode procures or manages Third-Party Services for the Customer, the Customer authorizes Bitnode to act as its limited agent to deal with the applicable vendors, accept Vendor Terms on the Customer's behalf, renew, modify or cancel service arrangements as instructed, make reasonable administrative changes and take other steps reasonably required to procure, manage or maintain the Third-Party Services. This authorization does not create a general agency relationship. Bitnode may decline an instruction that would, in its reasonable opinion, breach Vendor Terms or expose Bitnode to liability.

6.4 Accounts in the Customer's name. Vendor accounts, domains, tenants and licenses procured by Bitnode for the Customer are established in the Customer's name wherever the vendor permits and are held for the Customer's benefit. Where a vendor requires the account to be held by Bitnode, Bitnode holds it for the Customer's benefit, subject to payment of all outstanding Fees, and on termination will use reasonable efforts to transfer it to the Customer or its nominee in accordance with the Vendor Terms.

6.5 Hardware. Hardware supplied through Bitnode is sold at cost and is covered only by the manufacturer's warranty. Bitnode will assist the Customer with warranty claims where the Services include that assistance. Title to hardware passes to the Customer on payment in full; risk of loss passes on delivery. Delivery dates are estimates and depend on the vendor. Returns and exchanges are subject to the vendor's return policy, and Bitnode will pass on any restocking fee or shipping cost that the vendor charges, without markup. Hardware that holds Customer Data and is retired or replaced will be handled as described in Section 7.15.

7.1 Shared responsibility. The Services are intended to reduce risk, improve security posture and support operational stability. No technology provider can guarantee complete security, uninterrupted service, prevention of all cyber incidents or recovery from every event. The Customer acknowledges that cybersecurity is a shared responsibility and that outcomes depend on user behavior, timely approvals, vendor performance, software vulnerabilities, funding and configuration decisions, insurance coverage, internal controls and business processes. The Customer's responsibilities in support of this model are set out in Section 4, and the resulting limitations on Bitnode's liability are set out in Sections 10 and 11.

7.2 Standard of care. Bitnode will use reasonable professional care in providing the Services and will implement the security measures included in the Services. Bitnode does not guarantee that the Customer will be free from malware, ransomware, phishing, compromise, unauthorized access, data loss, downtime, misconfiguration, software defects, vendor failure or other technology-related events.

7.3 Privacy compliance. Each party will comply with applicable federal and state privacy and data security laws, including, where applicable, the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act and state data breach notification laws. The Customer is responsible for determining what personal information it collects, uses, stores and discloses, and for having the legal authority, consents, notices, policies, safeguards and retention practices its business requires. The Customer represents that it has the legal authority to give Bitnode access to any personal information in Customer Data. The Customer will promptly notify Bitnode of any known or suspected privacy breach involving Customer Data that Bitnode holds or accesses. Where applicable law requires a written agreement governing Bitnode's handling of regulated data, such as a business associate agreement under HIPAA, the parties will enter into it before Bitnode accesses that data, and it will prevail over this Section to the extent of any conflict. Bitnode's own handling of personal information is described in its Privacy Policy. Where Bitnode processes personal information on the Customer's behalf, the Data Processing Addendum forms part of the Agreement and governs that processing.

7.4 Bitnode's use of Customer Data. Bitnode will access, use, store, process and disclose Customer Data, including personal information in it, only as reasonably required to provide the Services, administer the Agreement, comply with law, protect systems, respond to incidents and manage accounts, or as otherwise authorized by the Customer. Bitnode will not sell Customer Data or use it for any other purpose. Where Bitnode uses subcontractors, vendors or cloud platforms in providing the Services, Bitnode will protect Customer Data in accordance with the Agreement.

7.5 Security incidents. A "Security Incident" means any confirmed unauthorized access to, or acquisition, disclosure, alteration, loss or destruction of, Customer Data in Bitnode's possession or control, or any compromise of a Bitnode account, system or tool that is used to access the Customer's systems. If Bitnode becomes aware of a Security Incident, Bitnode will: (a) notify the Customer without undue delay and in any event within seventy-two (72) hours after confirming it, by telephone or email to the Customer's designated contact; (b) describe what is known about the nature of the incident, the Customer Data and systems affected, the steps Bitnode has taken and the steps it recommends; (c) keep the Customer informed as the investigation progresses; (d) take reasonable steps to contain the incident and preserve relevant logs and evidence; and (e) once the incident is contained, give the Customer a written summary of its cause, its effect and the measures taken to prevent a recurrence. Bitnode will not notify the Customer's own users, customers, regulators or the public about a Security Incident affecting the Customer except as required by law or at the Customer's direction. The Customer remains responsible for the notifications that privacy or other laws require it to make, and Bitnode will assist with those notifications, with regulator inquiries and with the Customer's own investigation at the Customer's request, at its hourly rates unless the Services include incident response. Where a Security Incident results from Bitnode's breach of the Agreement, that assistance is provided at no charge to the extent of the breach.

7.6 Ownership of Customer Data; backups. The Customer owns Customer Data. Unless backup services are expressly included in the Service Plan or a Proposal, the Customer is responsible for maintaining appropriate backups and business continuity procedures. Where Bitnode provides backup-related Services, the Customer acknowledges that backup and restoration depend on Third-Party Services, configuration, available restore points, storage status, retention settings, successful backup completion, access and the condition of the source data, and that Bitnode's liability for a failure or limitation of Third-Party Services used in backup or restoration is subject to Sections 10 and 11.

7.7 Return and deletion of Customer Data. On termination of the Agreement for any reason, and subject to applicable legal retention requirements, Bitnode will, on written request made within thirty (30) days after the effective date of termination, provide the Customer with a copy of or access to Customer Data held by Bitnode in connection with the Services in a commonly used, machine-readable format, together with the configuration details and credentials the Customer needs to use it, provided that all undisputed Fees have been paid. Bitnode does not charge exit fees of its own for the return of Customer Data; fees that a Third-Party Services vendor charges to export or transfer data are Reimbursable Expenses. Time spent on the return of data beyond a straightforward handover is billed as transition services at Bitnode's hourly rates. Sixty (60) days after the effective date of termination Bitnode may delete or destroy Customer Data in its possession without further notice, except for copies that Bitnode must retain by law or that are held in archival backups, ticketing systems, security logs, audit records or billing records until they are overwritten or deleted in the ordinary course. Bitnode is not responsible for Customer Data held on Third-Party Services platforms, which is governed by the applicable Vendor Terms.

7.8 Bitnode's security controls. Bitnode will maintain a written information security program with administrative, technical and physical safeguards appropriate to the Services and the sensitivity of Customer Data. At a minimum, Bitnode will:

1. require multi-factor authentication, strong unique passwords and a managed, encrypted and up-to-date device for every Bitnode account and workstation used to access the Customer's systems or Customer Data;
2. use named individual accounts for its personnel wherever the Customer's systems support them, grant them only the privileges their work requires, use privileged access only for the task at hand, and keep shared or standing credentials to the minimum the technology allows;
3. store credentials, recovery keys, certificates and other secrets in an access-controlled, encrypted vault and never in plain text in email, chat or documents;
4. encrypt Customer Data in transit using current industry-standard protocols and encrypt Customer Data at rest on systems that Bitnode controls;
5. keep its own systems and tools patched and supported, protect them with endpoint security and monitoring, and log administrative access to the Customer's systems through its tools to the extent those tools permit;
6. remove the access of any of its personnel who leave Bitnode or no longer work on the Customer's account within one (1) Business Day, and rotate any shared credentials they held;
7. review these safeguards at least annually and whenever a Security Incident or a material change to the Services makes a review appropriate.

7.9 Access to Customer systems. The Customer may at any time require Bitnode to change the accounts, privileges or tools it uses to access the Customer's systems, to rotate credentials, or to revoke the access of a named individual, and Bitnode will comply promptly, subject to any resulting effect on the Services being treated as a change under Section 3.4. Bitnode will keep a record of the administrative accounts and tools it holds for the Customer in the Service Documentation and will provide that record to the Customer on request.

7.10 Personnel. Bitnode will ensure that each person it assigns to the Customer's account is bound by written confidentiality obligations, has received security awareness training appropriate to their role, and, where permitted by applicable law and relevant to the role, has passed a criminal record check before being given access to Customer Data. Bitnode will replace a person assigned to the Customer's account on the Customer's reasonable written request.

7.11 Data location. On request, Bitnode will tell the Customer the country or countries in which Customer Data in Bitnode's own possession is stored, including backups. Bitnode will give the Customer at least thirty (30) days' written notice before moving Customer Data it holds to a different country, except where the move is required by law or is necessary to respond to an emergency, in which case Bitnode will notify the Customer as soon as reasonably practicable. Customer Data held on Third-Party Services is stored in the regions that the vendor offers and the Customer's configuration selects. Where the Services Agreement requires Customer Data to remain in a particular country, Bitnode will configure the Third-Party Services it manages for the Customer to use that country's regions wherever the vendor makes them available and will tell the Customer in writing where that is not possible.

7.12 Vulnerability and patch management. Bitnode will apply security updates to its own systems and tools in a timely and systematic manner. For Customer systems covered by a Service Plan, Bitnode will apply security updates on the schedule stated in the Service Plan, will tell the Customer about known vulnerabilities in the Customer's environment that require the Customer's approval, budget or action to resolve, and will record the Customer's decision. Systems that the Customer has asked Bitnode to exclude from patching, or that the vendor no longer supports, are the Customer's risk and are listed in the Service Documentation.

7.13 Logging and monitoring. Where monitoring is included in a Service Plan, Bitnode will configure the monitoring and security tools covered by the Service Plan to record, to the extent the tools permit, successful and failed sign-ins, account and privilege changes, changes to security settings, and alerts raised by endpoint and email security, and will retain those records for the period stated in the Service Plan. Bitnode will give the Customer reasonable access to those records, or copies of them, for the Customer's own investigations, audits and regulatory responses.

7.14 Supply chain. Bitnode will select the vendors, software and tools it uses to deliver the Services with reasonable care, will prefer vendors that maintain recognized independent security attestations such as SOC 2 or ISO/IEC 27001 where they are available, and will tell the Customer on request which vendors and tools have access to the Customer's systems or Customer Data. Bitnode will give the Customer reasonable notice before replacing a tool that has such access, and will provide the information reasonably available to it to support the Customer's own supplier risk assessments.

7.15 Secure disposal. When a Bitnode device or storage medium that has held Customer Data is retired, or when Bitnode decommissions Customer hardware at the Customer's request, Bitnode will erase the data using a method consistent with NIST Special Publication 800-88 or will physically destroy the medium, and will confirm the disposal in writing on request. The Customer is responsible for disposing of its own devices unless the Services include disposal.

7.16 Business continuity. Bitnode will maintain reasonable business continuity arrangements for its own systems, tools and Service Documentation so that it can continue to deliver the Services during a disruption affecting Bitnode, including off-site copies of the Service Documentation and a documented process for restoring its management tools. Recovery objectives for the Customer's own systems and data, where offered, are stated in the Service Plan.

7.17 Assurance and audit. Not more than once in any twelve (12) month period, on at least thirty (30) days' written notice, the Customer may ask Bitnode to answer a reasonable written security questionnaire and to provide evidence of the safeguards described in this Section, such as policies, configuration summaries and vendor attestations. Where the Customer's regulator, insurer or a law applicable to the Customer requires a further review, Bitnode will cooperate with an audit of its controls relevant to the Services, during Business Hours and in a manner that does not unreasonably disrupt Bitnode's business or expose the Confidential Information of Bitnode's other customers. The Customer bears the cost of any audit beyond the annual questionnaire, including Bitnode's time at its hourly rates, unless the audit reveals a material breach by Bitnode. Information disclosed under this clause is Bitnode's Confidential Information.

8.1 Confidential Information. "Confidential Information" means all non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party"), whether orally, in writing, electronically, visually or through access to systems, platforms, tools or records, that is designated confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure, including information disclosed before the date of the Agreement in connection with evaluating the engagement. In the case of the Customer, Confidential Information includes Customer Data, credentials, system and network configurations, security architecture, vulnerability and incident reports, backup data, personal information, financial information, business plans and client and prospect information. In the case of Bitnode, Confidential Information includes Bitnode IP, pricing, Proposals, methodologies, technical documentation, runbooks, scripts, automation, monitoring methods, security processes and other proprietary know-how.

8.2 Exclusions. Confidential Information does not include information that the Receiving Party can show:

1. is or becomes generally available to the public without breach of the Agreement;
2. was known to the Receiving Party, without restriction, before disclosure by the Disclosing Party;
3. is received from a third party without breach of any obligation owed to the Disclosing Party; or
4. was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

8.3 Obligations. Except as the Disclosing Party permits in writing, the Receiving Party will: (a) use the Disclosing Party's Confidential Information only as reasonably required to perform, support, administer, secure or enforce the Agreement; (b) protect it with at least the degree of care it uses for its own confidential information of a similar kind, and in no event less than reasonable care; and (c) limit access to those of its employees, contractors and agents who need access for purposes consistent with the Agreement and who are bound by confidentiality obligations no less protective than this Section.

8.4 Compelled disclosure. The Receiving Party may disclose Confidential Information to the extent required by law, court order, regulator or governmental authority, provided that it: (a) gives the Disclosing Party prompt written notice before disclosure, to the extent legally permitted; (b) provides reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party seeks to contest or limit the disclosure; (c) discloses only the minimum required; and (d) if prior notice is prohibited, notifies the Disclosing Party as soon as legally permitted afterwards.

8.5 Return, destruction and retention. On termination of the Agreement or on the Disclosing Party's written request, the Receiving Party will promptly return or destroy the Disclosing Party's Confidential Information in its possession, except that: (a) it may retain copies required by law, regulation or professional obligation; (b) Bitnode may retain Customer Confidential Information embedded in archival backups, ticketing systems, security logs, audit records, billing records and other operational records that are not readily separable, until they are overwritten or deleted in the ordinary course; and (c) retained Confidential Information remains subject to this Section for as long as it is retained.

8.6 Equitable relief. Each party acknowledges that a breach of this Section may cause the Disclosing Party irreparable harm for which damages would not be an adequate remedy, and that the Disclosing Party may seek injunctive or other equitable relief against a continuing or threatened breach without proof of actual damages and without posting a bond or other security, in addition to its other remedies.

8.7 Survival. This Section survives the expiry or termination of the Agreement for five (5) years, and indefinitely for Customer Data, personal information, credentials and trade secrets.

9.1 Bitnode IP. Bitnode retains all right, title and interest in and to the intellectual property that it developed or acquired before the Agreement or develops independently of the Customer during it, including its tools, methods, templates, know-how, processes, scripts, automation, monitoring configurations, documentation structures, business methods and service delivery methods, together with improvements to any of them, whether or not informed by suggestions or feedback from the Customer (collectively, "Bitnode IP"). Nothing in the Agreement, the provision of the Services or the Customer's feedback transfers any Bitnode IP to the Customer.

9.2 Deliverables. On payment in full of the Fees for the applicable Proposal or Services Agreement, Bitnode assigns to the Customer all of its right, title and interest in the Deliverables, excluding any Bitnode IP and Third-Party Services embedded in them. To the extent Bitnode IP is embedded in or required to use a Deliverable, Bitnode grants the Customer a perpetual, non-exclusive, non-transferable (except to a successor to the Customer's business), royalty-free license to use that Bitnode IP as part of the Deliverable for the Customer's internal business purposes, including with a subsequent service provider. Until the Fees are paid in full, the Customer's use of the Deliverables is a revocable license only.

9.3 Service Documentation. Bitnode owns the Service Documentation. On termination of the Agreement and payment of all undisputed Fees, Bitnode will, on the Customer's written request under Section 7.7, provide the Customer with a copy of the Service Documentation relating to the Customer's environment in a reasonably accessible format. Time spent preparing it beyond a straightforward export is billed as transition services.

9.4 Customer IP. The Customer retains all right, title and interest in and to Customer Data and all intellectual property it owned before, or develops independently of, the Agreement. Bitnode's right to use Customer Data is limited to the purposes set out in the Agreement. The Customer grants Bitnode a non-exclusive license to use Customer Data, Customer materials and Customer trademarks solely as required to perform the Services.

9.5 Third-party components. Deliverables may incorporate open-source software and Third-Party Services, which remain subject to their own license terms and are not assigned or warranted by Bitnode.

9.6 Feedback. The Customer grants Bitnode a perpetual, irrevocable, royalty-free license to use suggestions and feedback about the Services, without obligation to the Customer and without disclosing the Customer's Confidential Information.

10.1 Limited warranty. Bitnode warrants that the Services will be performed with reasonable skill and care in accordance with generally accepted industry practice. If the Services do not conform to this warranty and the Customer notifies Bitnode in writing within thirty (30) days after the non-conforming Services were performed, Bitnode will re-perform the non-conforming Services at no additional charge. This is the Customer's sole and exclusive remedy for breach of this warranty.

10.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 10.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DELIVERABLES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND BITNODE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING:

1. WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
2. THAT THE SERVICES WILL MEET THE CUSTOMER'S REQUIREMENTS, OR WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT RESULTS OBTAINED FROM THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE;
3. AS TO THE COMPLETENESS, ACCURACY OR SUCCESS OF ANY BACKUP OR DATA RESTORATION, INCLUDING WHERE IT DEPENDS ON THIRD-PARTY SERVICES, CONFIGURATION, RESTORE POINTS, STORAGE STATUS, RETENTION SETTINGS OR THE CONDITION OF THE SOURCE DATA;
4. THAT ANY VULNERABILITY SCAN, ASSESSMENT OR SECURITY REVIEW WILL IDENTIFY EVERY VULNERABILITY, MISCONFIGURATION OR THREAT; AND
5. AS TO THE PERFORMANCE, AVAILABILITY, SECURITY, ACCURACY OR RELIABILITY OF ANY THIRD-PARTY SERVICE, WHICH IS PROVIDED SUBJECT TO ITS OWN VENDOR TERMS.

10.3 No additional warranties. No information or advice, whether oral or written, obtained by the Customer from Bitnode or its personnel creates any warranty not expressly stated in the Agreement.

11.1 Disclaimed matters. To the maximum extent permitted by applicable law, Bitnode has no liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or on any other legal or equitable basis, arising from or in connection with any matter that is disclaimed or excluded elsewhere in the Agreement, including:

1. failure to meet Target Response Times or to resolve any issue within a particular time;
2. vendor outages, vendor security incidents, vendor support delays, vendor pricing or service changes, or discontinued products;
3. malware, ransomware, phishing, compromise, unauthorized access, data loss, downtime, misconfiguration, software defects or vendor failure, except to the extent directly caused by Bitnode's negligence or willful misconduct;
4. the failure or incompleteness of backup or data restoration;
5. suspension of Services under Section 5.5; and
6. any failure, incident or loss arising from the Customer's failure to implement Bitnode's written recommendations, to maintain the Minimum Requirements or to meet its other responsibilities under the Agreement.

11.2 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITNODE OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, OR LOSS, CORRUPTION OR UNAVAILABILITY OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES, ON ANY LEGAL OR EQUITABLE BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THEY WERE FORESEEABLE. THIS EXCLUSION APPLIES NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT.

11.3 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITNODE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE SERVICES, ON ANY LEGAL OR EQUITABLE BASIS, WILL NOT EXCEED THE TOTAL FEES (EXCLUDING REIMBURSABLE EXPENSES) ACTUALLY PAID BY THE CUSTOMER TO BITNODE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE AND NOT PER INCIDENT.

11.4 Exceptions. Sections 11.2 and 11.3 do not apply to liability for fraud or willful misconduct, to a party's indemnification obligations for third-party claims under Section 13, or to liability that cannot be limited under applicable law.

11.5 Customer insurance. The Customer acknowledges that the limitations and exclusions in this Section reflect a commercial allocation of risk under which the Customer is responsible for maintaining adequate insurance for its own losses, including cyber liability, business interruption and data loss coverage appropriate to its business, and that Bitnode's pricing reflects that allocation. Bitnode will, on request, assist the Customer in answering an insurer's security questionnaire.

11.6 Essential basis. THE CUSTOMER ACKNOWLEDGES THAT BITNODE PROVIDES THE SERVICES IN RELIANCE ON THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION AND SECTION 10, THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE FEES REFLECT THEM. They apply even if a limited remedy fails of its essential purpose, in the case of a fundamental breach, and after termination or suspension of the Services.

11.7 Claims period. To the extent permitted by law, any claim by the Customer arising out of the Agreement or the Services must be commenced within one (1) year after the cause of action arises.

12.1 Representations and warranties. The Customer represents and warrants to Bitnode that:

1. it has full legal capacity, power and authority to enter into the Agreement and perform its obligations, and the individual accepting the Agreement on its behalf is duly authorized to bind it;
2. entering into and performing the Agreement does not conflict with or breach any other agreement, order, judgment or law binding on the Customer;
3. the hardware, software, data and other materials that the Customer provides to Bitnode, or asks Bitnode to work with, do not infringe any third party's patent, trademark, trade secret, copyright or other intellectual property right, and the Customer holds the licenses required for them;
4. the information it provides about its technology environment, user and device counts and business operations is accurate and complete in all material respects, and it will promptly notify Bitnode of material changes;
5. it is not aware of any law, regulation or order that would prohibit or restrict its access to or use of the Services;
6. its environment meets the Minimum Requirements or it will take reasonable steps to bring it into compliance within a reasonable time after Bitnode communicates them; and
7. it has the legal authority to give Bitnode access to Customer Data, including any personal information in it.
8. it owns, or has the written authorization of the owner of, every system, network, address range, account and application that it asks Bitnode to scan, test, monitor, access or change, and it will tell Bitnode before the scope of any such work includes systems that belong to a third party.

12.2 Survival. These representations and warranties survive acceptance of the Agreement and are repeated on each day during its term. A breach of this Section is a material breach of the Agreement.

13.1 By the Customer. THE CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BITNODE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS (THE "BITNODE INDEMNITEES") FROM AND AGAINST ALL THIRD-PARTY CLAIMS, AND ALL RESULTING LOSSES, DAMAGES, LIABILITIES, SETTLEMENTS, JUDGMENTS AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), ARISING FROM OR IN CONNECTION WITH:

1. Customer Data or the Customer's content, materials or systems, including any claim that they infringe a third party's intellectual property rights or violate applicable privacy law;
2. the Customer's misuse of the Services, or use of the Services in violation of the Agreement, applicable law or Vendor Terms;
3. the Customer's failure to implement Bitnode's written security recommendations, to maintain the Minimum Requirements or to meet its responsibilities under the Agreement; or
4. the Customer's breach of its representations, warranties or covenants under the Agreement;

except to the extent the claim is directly caused by Bitnode's negligence or willful misconduct.

13.2 By Bitnode. Bitnode will indemnify, defend and hold harmless the Customer and its directors, officers and employees from and against third-party claims, and the resulting losses, damages, liabilities, settlements, judgments and costs (including reasonable attorneys' fees and costs), to the extent arising from: (a) a claim that a Deliverable, as delivered by Bitnode and used in accordance with the Agreement, infringes a third party's copyright or trademark, excluding claims arising from Customer materials, Third-Party Services or modifications not made by Bitnode; or (b) Bitnode's willful misconduct or gross negligence. If a Deliverable is or may become the subject of an infringement claim, Bitnode may, at its option, procure the right for the Customer to continue using it, modify or replace it so that it is non-infringing, or, if neither is commercially reasonable, refund the Fees paid for it. Bitnode's obligations under this Section are subject to Section 11, other than Section 11.4.

13.3 Procedure. The party seeking indemnification (the "Indemnified Party") will: (a) give the indemnifying party (the "Indemnifying Party") written notice of the claim as soon as reasonably practicable, provided that delay relieves the Indemnifying Party of its obligations only to the extent it is materially prejudiced; (b) allow the Indemnifying Party, on written confirmation of its indemnity obligation delivered within five (5) Business Days after notice (or earlier if a procedural deadline requires), to assume control of the defense with counsel reasonably acceptable to the Indemnified Party; and (c) provide reasonable cooperation at the Indemnifying Party's expense. The Indemnified Party may participate with its own counsel at its own expense, or at the Indemnifying Party's expense if there is a conflict of interest or the Indemnifying Party fails to assume the defense. The Indemnifying Party will not settle a claim without the Indemnified Party's prior written consent (not to be unreasonably withheld) if the settlement admits fault on the Indemnified Party's part, imposes any monetary or non-monetary obligation on it, restricts its business, or does not include a full and unconditional release of it. If the Indemnifying Party does not assume the defense within the required period, or immediate action is needed to avoid default or preserve rights, the Indemnified Party may conduct the defense at the Indemnifying Party's expense without waiving its right to indemnification.

13.4 Equitable relief. The Customer acknowledges that a breach of Sections 3.5, 8 or 9 may cause Bitnode irreparable harm for which damages would not be an adequate remedy, and that Bitnode may seek injunctive or other equitable relief against a continuing or threatened breach without proof of actual damages and without posting a bond or other security.

14.1 Term. The Agreement begins when the Customer first accepts a Proposal or Services Agreement, or first uses the Services, and continues until all Services Agreements and Proposals have expired or been terminated. Each Services Agreement states its initial term and renewal. Unless it states otherwise, a Services Agreement renews automatically for successive terms of the same length unless either party gives written notice of non-renewal at least sixty (60) days before the end of the then-current term.

14.2 Termination for convenience. The Customer may end project work at the completion of any stage described in the Proposal on written notice, keeping the Deliverables completed and paid for and paying for work performed and Reimbursable Expenses committed to that point. Either party may terminate a Services Agreement for convenience on the notice period stated in it or, if none is stated, sixty (60) days' written notice, effective no earlier than the end of its initial term.

14.3 Termination for cause. Either party may terminate the Agreement, or any Services Agreement or Proposal, on written notice if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after written notice describing it, or immediately if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy, receivership or similar proceedings. Bitnode may terminate immediately on written notice if the Customer uses the Services in a way that is unlawful or that exposes Bitnode to liability, or fails to pay undisputed Fees within thirty (30) days after notice of suspension under Section 5.5.

14.4 Effect of termination. On termination: (a) the Customer will pay all Fees for Services performed and Reimbursable Expenses committed up to the effective date, and any early termination amounts stated in the Services Agreement; (b) Bitnode will, subject to payment of undisputed Fees, hand over the administrative credentials, Service Documentation and Customer Data as provided in Sections 7.7 and 9.3, and provide the transition assistance described in Section 14.5; and (c) Bitnode will remove its own access to the Customer's systems and remove its management tools from the Customer's devices within a reasonable time, unless the Customer requests otherwise in writing.

14.5 Transition assistance. For up to sixty (60) days after the effective date of termination, or any longer period stated in the Services Agreement, Bitnode will cooperate in good faith with the Customer and any incoming provider to transfer the Services in an orderly way. Transition assistance includes transferring administrative roles, domain and tenant ownership, vendor accounts and licenses to the Customer or its nominee; providing the Service Documentation and a current inventory of devices, accounts and Third-Party Services; exporting Customer Data under Section 7.7; answering reasonable questions from the incoming provider; and, if the Customer asks and pays the applicable Fees, continuing to provide the Services or a reduced set of them during the transition period. Transition assistance is billed at Bitnode's standard hourly rates unless the Services Agreement includes it, and Bitnode will not condition it on anything other than payment of undisputed Fees. Bitnode will keep the Customer's access to its own systems and data intact during the transition.

14.6 Survival. Sections 1, 2.2, 5, 6.2, 7.4 to 7.17, 8, 9, 10, 11, 12, 13, 14.4 to 14.6, 15, 16 and 17, and any other provision that by its nature should survive, survive the expiry or termination of the Agreement.

15.1 Form and delivery. Any notice under the Agreement must be in writing and may be delivered by hand, by courier, by email or by certified mail, return receipt requested, within the United States, to the address or email address stated in the Services Agreement or Proposal, or to such other address as a party designates by notice. Notices to Bitnode may be sent to hello@bitnode.tech. Routine operational communications, support requests and approvals may be given through the support channels designated in the Services Agreement.

15.2 Deemed receipt. A notice delivered by hand or courier, or sent by email, on a Business Day before 5:00 p.m. at the recipient's location is deemed received on that day, and otherwise on the next Business Day, provided that an email notice is not deemed received if the sender receives an automated notice that delivery failed. A notice sent by mail is deemed received on the fifth (5th) Business Day after posting, unless a postal disruption is in effect, in which case it is deemed received when actually delivered.

16.1 Governing law. The Agreement, and any dispute or claim arising out of or in connection with it, is governed by the laws of the State of Wyoming and the federal laws of the United States applicable therein, without regard to conflict-of-laws principles.

16.2 Dispute resolution. If a dispute arises, either party may give the other a written notice describing it. The parties' day-to-day contacts will first try to resolve it. If they have not done so within fifteen (15) days after the notice, the dispute will be referred to a senior representative of each party with authority to settle it, who will meet or speak within a further fifteen (15) days. If the dispute is still unresolved thirty (30) days after the notice, either party may propose mediation, which the other party will consider in good faith, or may pursue its remedies in court. The parties will continue to perform their obligations, including payment of undisputed Fees, while a dispute is being resolved. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief at any time.

16.3 Jurisdiction. Each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming for any proceeding arising out of or in connection with the Agreement, and waives any objection to venue or claim of inconvenient forum. If the Customer is an individual acquiring Services for personal purposes, nothing in the Agreement deprives the Customer of the protection of mandatory consumer protection laws of the state in which the Customer resides.

16.4 Jury waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT.

17.1 Entire agreement. The Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior proposals, negotiations, representations and agreements, written or oral, relating to it. Terms in a Customer purchase order or similar document that conflict with or add to the Agreement are rejected and have no effect.

17.2 Amendment and waiver. Except as provided in Section 2.3, the Agreement may be amended only in writing signed or expressly accepted by both parties. A waiver is effective only if in writing, and a failure or delay in exercising a right is not a waiver of it.

17.3 Assignment. The Customer may not assign the Agreement without Bitnode's prior written consent, not to be unreasonably withheld, except to a successor to all or substantially all of its business. Bitnode may assign the Agreement to an affiliate or to a successor to its business on written notice to the Customer. The Agreement binds and benefits the parties and their permitted successors and assigns.

17.4 Independent contractors. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, employment or, except as expressly stated in Section 6.3, agency relationship.

17.5 Force majeure. Neither party is liable for a failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic, labor disputes not involving its own employees, failures of public utilities or telecommunications, internet or cloud platform outages, acts of government, war, terrorism or civil disturbance, provided that it notifies the other party promptly, describes the expected effect and duration, and uses reasonable efforts to resume performance. If such an event prevents a party from performing a material part of its obligations for more than sixty (60) consecutive days, the other party may terminate the affected Services on written notice without liability for the termination.

17.6 Non-solicitation. During the term of the Agreement and for twelve (12) months after it ends, neither party will knowingly solicit for employment or engagement any employee or contractor of the other party who was materially involved in the Services, without the other party's written consent. General advertisements not targeted at the other party's personnel do not breach this Section.

17.7 Severability. If any provision of the Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force.

17.8 Counterparts and electronic acceptance. A Services Agreement or Proposal may be accepted electronically, including by email or by clicking an acceptance button, and may be signed in counterparts, each of which is an original and all of which together are one instrument.

17.9 Compliance with laws. Each party will comply with the laws that apply to its performance of the Agreement, including export control and economic sanctions laws. The Customer confirms that neither it nor any owner that controls it is the subject of sanctions administered by the United States, Canada or the United Nations, and that it will not use the Services or resell hardware or software supplied through Bitnode in breach of those laws.

17.10 Publicity. Bitnode will not name the Customer, or use its logo or marks, in public marketing or customer lists without the Customer's prior written consent, which the Customer may withdraw at any time. Bitnode may describe the work it performed for the Customer in general terms that do not identify the Customer.

17.9 Contact. Questions about these Terms and Conditions may be directed to Bitnode Technologies at hello@bitnode.tech or +1 (778) 779-7127.