TERMS OF SERVICE

Welcome

Welcome to Omega Node, a service provided by Omega Tech Networks LLC (in formation) ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our node infrastructure and related services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. ACCEPTANCE OF TERMS

By accessing or using Omega Node services or purchasing/holding an Omega Node NFT, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services or purchase/hold our NFTs.

2. SERVICE ACCESS AND NFT SYSTEM

2.1 NFT-Based Access

• Access to Omega Node services is exclusively granted through ownership of an Omega Node NFT
• A total of 88 NFTs will be issued, each representing a unique access key to our RPC node locations
• Each NFT grants the holder full access to all RPC node locations provided by Omega Node
• NFT holders are responsible for maintaining the security of their wallet and NFT

2.2 NFT Renewal Requirements

• Each NFT requires monthly renewal to maintain active service access
• Renewal fees must be paid within the specified renewal period
• Failure to renew within 30 days of the due date will result in the NFT being burned
• Burned NFTs cannot be recovered, and all associated service access will be permanently terminated
• Renewal fees and payment methods will be published on our website and/or communicated through official channels

2.3 NFT Trading and Transfer

• Omega Node NFTs can be freely traded on supported secondary marketplaces
• The transfer of an NFT automatically transfers all associated service access rights to the new holder
• New NFT holders are bound by these Terms of Service
• We are not responsible for any disputes or issues arising from secondary market transactions
• Secondary market sales may be subject to additional fees or restrictions

2.4 NFT Access Rental System

NFT holders may rent out their API access rights to third parties ("Renters"). Rental arrangements must be processed through our official rental system.

NFT holders must:

• Maintain their NFT renewal payments during the rental period
• Only rent access through approved channels
• Not exceed the maximum number of simultaneous renters per NFT
• Take responsibility for their renters' compliance with these Terms

2.5 Renter Obligations

Renters must:

• Register their IP address through the official rental system
• Use the service in compliance with these Terms
• Pay agreed rental fees to the NFT holder
• Not share or sublicense their access
• Maintain the security of their access credentials

Rental access may be terminated if:

• The NFT holder fails to maintain their renewal payments
• The renter violates these Terms
• The NFT is transferred to a new owner
• The rental period expires

2.6 Rental System Limitations

We reserve the right to:

• Set maximum limits on simultaneous renters per NFT
• Modify rental system features and requirements
• Terminate rental access for Terms violations
• Adjust rental system fees or requirements

We are not responsible for:

• Disputes between NFT holders and renters
• Payment issues between parties
• Loss of access due to NFT holder non-compliance
• Technical issues caused by renter's systems or networks

3. SERVICE DESCRIPTION

Omega Node provides Remote Procedure Call (RPC) node services on the Solana blockchain network, offering high-speed, reliable connections for developers and businesses. Our services include:

• High-performance Solana RPC node access across multiple locations
• Secure API endpoints
• Network infrastructure maintenance
• Technical support as specified in your service plan

4. USER OBLIGATIONS

4.1 Acceptable Use

You agree to:

• Use our services only for lawful purposes
• Maintain the security of your NFT and access credentials
• Comply with our rate limits and usage guidelines
• Pay renewal fees on time
• Not attempt to circumvent any service limitations or restrictions

If renting access:

• Properly register and manage rental arrangements
• Monitor renter compliance with these Terms
• Maintain accurate records of rental arrangements
• Report any suspicious or abusive rental activity

4.2 Prohibited Activities

• Create unauthorized rental arrangements outside our official system
• Exceed maximum rental limits per NFT
• Share rental access credentials
• Misrepresent rental rights or capabilities
• Attempt to circumvent rental system restrictions

5. SERVICE LEVEL AGREEMENT

5.1 Availability

• We strive to maintain 99.9% uptime for our services
• Scheduled maintenance will be announced at least 24 hours in advance
• We are not responsible for downtime caused by Solana network issues

5.2 Performance

• We aim to provide low-latency connections and fast response times
• Actual performance may vary based on network conditions and usage patterns
• We reserve the right to throttle connections that exceed reasonable usage limits

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our services are provided "as is" without any warranties
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid by you for the service in the preceding three months
• We are not responsible for losses resulting from:
  • Solana network issues or blockchain-related problems
  • Your misuse of the service
  • Technical failures beyond our reasonable control
  • Third-party actions or services

7. DATA PRIVACY AND SECURITY

7.1 Data Collection

We collect and process:

• Account information
• Usage metrics
• Payment information
• Technical data necessary for service operation

7.2 Security

• We implement industry-standard security measures
• You are responsible for maintaining the security of your access credentials
• We are not responsible for security breaches resulting from compromised user credentials

8. TERMINATION

We reserve the right to:

• Burn NFTs that are not renewed within the specified period
• Suspend or terminate services for violation of these Terms
• Modify or discontinue services with reasonable notice
• Refuse service to anyone for any legitimate reason
• Block access for NFTs associated with prohibited activities

Terminate rental access arrangements if:

• The NFT holder violates these Terms
• The renter violates these Terms
• The rental system is being abused
• Required payments are not maintained
• Security concerns are identified

9. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated versions on our website. Continued use of our services or holding of an Omega Node NFT following any changes constitutes acceptance of the modified Terms.

10. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.