Terms of Service | Nanoconda

TERMS OF SERVICE

This agreement contains a mandatory arbitration provision and waiver of jury trial. Please read it carefully before agreeing.

Last Updated: March 31, 2025

Nanoconda LLC, a Texas company (hereinafter “Nanoconda,” “we” or “us”) provides this website (https://www.nanoconda.com/) (the “Site”), access to a co-located server, equipped with specialized software designed to support Client's high-frequency trading activities and access to a dedicated environment suitable for developing, testing, and deploying trading algorithms, this includes access to necessary development tools and software (“Software”), and the associated data, services, information, tools, functionality, updates and similar materials delivered or provided by us (collectively, the “Platform”), to you (“you”, “your” or the “User”) subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).

This Agreement sets forth the legally binding terms and conditions governing your use of the Platform. By using the Platform or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Platform.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Site and/or otherwise making you aware of the changes. Your continued use of the Platform following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Last updated” date above to see when this Agreement was last updated.

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Platform. No rights not explicitly listed are granted.

You may not resell, sublicense, redistribute, or otherwise commercially exploit the Software or any component of the Platform

Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

Platform Overview

The Platform, among other functionality, is designed to enable a user to access a dedicated environment suitable for developing, testing, and deploying trading algorithms as well as grant access to a co-located server, equipped with specialized software designed to support the user's high-frequency trading activities.

Eligibility

You must be at least eighteen (18) years old to use the Platform. By using the Platform, you represent that you meet the applicable minimum age requirement.

Some parts or all of the Platform may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.

By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions herein.

Important Notices

While we make reasonable efforts to ensure that the Platform remains reasonably available, we do not represent or warrant that access to the Platform will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Platform, or its features, at all times.

We reserve the right at any time and from time to time to modify or discontinue operating, temporarily or permanently, the Platform, or any part thereof, with or without notice.

The Platform may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

The materials appearing on or through the Platform including but not limited to presentations, summaries, descriptions, publications and any other materials, are not intended to and DO NOT constitute financial, investment, or business advice. Those accessing the materials appearing on the Platform should not act upon them without first seeking financial, legal or other counsel’s advice, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.

You agree to periodic operating tests on the Platform that may be performed by Nanoconda and that may affect the layout, appearance, user experience, or other functionality of the Platform.

Subscriptions, Cancellations and Payments

The services accessible through the Platform are available in exchange for ongoing, self-renewing subscription (a “Subscription”). To request our Master Service Agreement and make a Subscription, please contact us at support@nanoconda.com.

UNLESS YOU CANCEL BEFORE RENEWAL AND EXCEPT WHERE PROHIBITED BY LAW, SUBSCRIPTIONS AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF THE SAME LENGTH UPON EXPIRATION. FEES OR CHARGES DURING ANY SUCH RENEWAL TERM SHALL BE THE SAME AS THAT DURING THE PRIOR TERM UNLESS WE HAVE GIVEN YOU NOTICE OF AN INCREASE AS DESCRIBED HEREIN, IN WHICH CASE THE INCREASE SHALL BE EFFECTIVE UPON RENEWAL AND THEREAFTER.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY PAST PAYMENTS OR FUTURE PAYMENTS DUE DURING THE REMAINDER OF YOUR CANCELLED TERM. IF YOU CANCEL BEFORE THE END OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED THE ENTIRE REMAINING SUBSCRIPTION FEES AT THAT TIME.

TO CANCEL YOUR SUBSCRIPTION, PLEASE EMAIL SUPPORT@NANOCONDA.COM FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR MASTER SERVICE AGREEMENT WITH THE SUBJECT “CANCEL MY SUBSCRIPTION.”

The current range of fee rates and tiers are available for review on the Platform.

All transactions are final, and no refunds are available from Nanoconda.

Rules of Conduct

Your use of the Platform is conditioned on your compliance with the terms of this Agreement, including but not limited to these Rules of Conduct.

You represent and warrant that:

the information you have provided on the Platform is complete, accurate and true, and you agree to update it as necessary;
you are not a competitor of Nanoconda.
you will not use the Platform on behalf of a competitor or for the purpose of creating a competitive product
resell, license, sublicense, rent, lease, or otherwise distribute or transfer access to the Platform to any third party

You agree that you will not violate any applicable law or regulation in connection with your use of the Platform.

You agree not to distribute, upload, make available or otherwise publish through the Platform any suggestions, information, ideas, comments, causes, promotions, questions, notes, plans, proposals, or materials similar thereto (“Submissions”) or text, information, links, comments, messages or tags, or similar materials (collectively “Content”) that:

is unlawful or encourages another to engage in anything unlawful;
contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You further agree that you will not do any of the following:

breach, through the Platform, any agreements that you enter into with any third parties;
stalk, harass, injure, or harm another individual through the Platform;
modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Platform;
interfere with or disrupt the operation of the Platform, including restricting or inhibiting any other person from using the Platform by means of hacking or defacing;
transmit to or make available in connection with the Platform any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
attempt to probe, scan or test the vulnerability of a system or network of the Platform or to breach security or authentication measures without proper authorization;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
harvest or collect the email address, contact information, or any other personal information of other users of the Platform;
use any means to crawl, scrape or collect content from the Platform via automated or large group means;
make available false, incomplete or misleading information to the Platform, or otherwise provide such information to us;
impersonate any other person or business;
attempt to access or access any portion of the Platform that is not public; or
attempt to override or override any security measures in place on the Platform.

We reserve the right, in our sole discretion, to protect Users from violators and violations of these Rules of Conduct, including but not limited to restricting your use of the Platform, immediately terminating your use of the Platform, or terminating your use of the Platform by blocking certain IP addresses from accessing the Platform. Notwithstanding the foregoing, our unlimited right to terminate your access to the Platform shall not be limited to violations of these Rules of Conduct.

Content Submitted or Made Available to Us

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Platform, we may need your permission to process, display, reproduce and otherwise use content you make available to us.

Therefore, if you choose to submit any Content to the Platform, or otherwise make available any Content through the Platform, you hereby grant to us a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content for purposes of providing the Platform, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.

By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true; (c) we shall be entitled to use or disclose the Content or Submissions in any way, in accordance with this Agreement, our Privacy Policy, available here http://nanoconda.com/privacypolicy; and (d) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Platform, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Platform. We reserve the right to withhold, remove and/or discard any such material at any time.

Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Platform (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Platform, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Data Collection, Use, and Privacy Compliance

You understand and agree that our Privacy Policy, http://nanoconda.com/privacypolicy, shall govern the collection and use of data obtained by us through your use of the Platform. Users acknowledge and agree that we may direct Users to our Privacy Policy so that they may become familiar with our practices. You represent and warrant that your privacy policy shall not conflict with the Nanoconda Privacy Policy, and that in the event of such conflict, the terms of our Privacy Policy shall control.

Data Collection and Use:

By using the Platform, you acknowledge and agree that Nanoconda will collect, process, and store personal information as outlined in our Privacy Policy. Personal information may include, but is not limited to, your name and contact details.

The data collected is used for the following purposes:

To provide and improve the functionality of the Platform.
To communicate with you about your inquiries or changes to the Platform.
To offer tailored marketing and promotional materials based on your preferences and interactions with the Platform, where permitted by applicable law.
For other purposes set forth in the Privacy Policy.

Sharing with Third Parties:

We may share your information with third-party service providers solely for purposes of operating the Platform. Additionally, we may share anonymized and aggregated data with partners for analytics and marketing purposes. Your data will never be sold to third parties for their independent marketing purposes without your explicit consent.

Compliance with GDPR, CCPA, and Other Privacy Laws:

Nanoconda is committed to compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Your Rights Under GDPR (if applicable):

The right to access your personal data and obtain a copy.
The right to correct inaccurate or incomplete data.
The right to delete your data, subject to certain exceptions.
The right to restrict or object to the processing of your data.
The right to data portability.
The right to lodge a complaint with a supervisory authority in your jurisdiction.

Your Rights Under CCPA (if applicable):

The right to know the categories and specific pieces of personal information collected about you, and the purposes for which it is used.
The right to request deletion of your personal information, subject to certain exceptions.
The right to opt-out of the sale of your personal information.
The right to non-discrimination for exercising your privacy rights.

Exercising Your Rights:

To exercise your rights under GDPR, CCPA, or other applicable laws, please contact us at support@nanoconda.com. Requests will be processed within the timeframes specified by applicable law. We may require verification of your identity to fulfill your request.

Consent and Withdrawal:

By using the Platform, you consent to the collection, use, and sharing of your personal information as described herein and in our Privacy Policy. You may withdraw your consent to marketing communications at any time by following the opt-out instructions provided in our communications or by contacting us directly.

Policy Updates:

Any changes to our Terms of Service and Privacy Policy will be communicated via updates on the Platform. Continued use of the Platform after such updates constitutes acceptance of the revised terms.

Enforcement and Termination

We reserve the right to deny all or some portion of the Platform to any User, in our sole discretion, at any time, and to terminate any User at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

Third Party Links

The Platform may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.

The Platform may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. We do not endorse any third party or third-party content that may appear on the Platform or that may be derived from content that may appear on the Platform, even if such content was summarized, collected, reformatted or otherwise edited by us.

Disclaimers

EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND/OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE PLATFORM. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE PLATFORM, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF SUCH CONTENT, AND MAKE NO REPRESENTATIONS ABOUT SUCH CONTENT. THE RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE BASED UPON SUCH CONTENT. FURTHER, UserS ARE SOLELY RESPONSIBLE FOR OBSERVING AND COMPLYING WITH ANY ‘KNOW YOUR CUSTOMER’ LAWS OR REGULATIONS WITH RESPECT TO DONORS AND/OR SPONSORS (AND SIMILAR RULES, STANDARDS, LAWS, OR REGULATIONS WHETHER BY GOVERNMENT OR APPLICABLE INDUSTRY), AS WELL AS ANY CONVERSION RATE FLUCTUATION, AND THIRD-PARTY FEES, AND User AGREES AND ACKNOWLEDGES THAT NANOCONDA SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY OF THE FOREGOING.

USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE PLATFORM IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS. NANOCONDA DOES NOT SUPPLY OR IN ANYWAY CONTROL ANY THIRD-PARTY TOOLS, SERVICES, SITES OR PLATFORMS. THEREFORE, NANOCONDA HAS NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY TOOLS, SERVICES, SITES OR PLATFORMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, LICENSORS, MEMBERS, OWNERS, DIRECTORS, OFFICERS, MANAGERS, CONTRACTORS, AGENTS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE PLATFORM, ANY ACTS OR OMISSIONS BY ANY ONLINE STORES, OR THE ACTIONS YOU TAKE BASED ON THE PLATFORM OR THE CONTENT THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM.

YOU ACKNOWLEDGE THAT NANOCONDA PROVIDES REGULAR SUPPORT ONLY, AND THAT NANOCONDA IS NOT RESPONSIBLE FOR ENSURING SUITABILITY OF THE PLATFORM FOR YOUR SPECIFIC NEEDS OR ENVIRONMENTS

Limitation on Liability

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT SHALL FIND THAT THE ABOVE DISCLAIMERS ARE NOT ENFORCEABLE, THEN, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR (1) ANY DAMAGES IN EXCESS OF $500.00, OR (2) ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST REVENUE, LOST PROFITS OR DATA TO YOU OR ANY THIRD PARTY FROM YOUR USE OF THE PLATFORM OR ANY SERVICES PROVIDED BY US AND/OR THROUGH THE PLATFORM. THIS LIMITATION SHALL APPLY REGARDLESS OF THE BASIS OF YOUR CLAIM, WHETHER OR NOT OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED, OR WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

THIS LIMITATION SHALL NOT APPLY TO ANY DAMAGE THAT WE CAUSE YOU INTENTIONALLY AND KNOWINGLY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THIS AGREEMENT.

SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, affiliates, licensors, and licensees, and each of their officers, managers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Platform, (b) your use of the Platform, (c) your violation of this Agreement, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Platform, (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions, and (f) any third party sites, platforms or services used by User.

Governing Law and Jurisdiction; Arbitration

Any disputes arising under or related to this Agreement must be communicated in writing by the aggrieved party to the other party, detailing the nature of the dispute and any proposed resolution.

Upon receiving a notice of dispute, the parties agree to attempt to resolve the dispute through good faith negotiations within 60 days of receiving the notice.

If negotiations fail to resolve the dispute within the specified time frame, the parties agree to enter mediation through the American Arbitration Association's International Centre for Dispute Resolution or another mutually agreed-upon mediation service.

Should mediation fail to resolve the dispute, the parties agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its American Arbitration Association's Rules. The number of arbitrators shall be one. The seat of arbitration shall be Texas, USA. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of State of Texas.

In the event of arbitration or litigation, each party shall be responsible for its own attorneys' fees and costs, unless otherwise determined by the arbitrator or court.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Nanoconda, 7700 Windrose Ave. Suite 300, Plano TX 75024, USA, with a copy to: Ishimbayev Law Firm, P.C., 1 World Trade Center, Ste 8500, New York, NY 10007, USA.

You and Nanoconda agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Nanoconda agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

Policies for Children

The Platform is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

General

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Platform or otherwise. Your use of the Platform after the effective date of any changes will constitute your acceptance of such changes.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Platform.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Nanoconda, 7700 Windrose Ave. Suite 300, Plano TX 75024, USA, or sent via email to support@nanoconda.com.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Force Majeure.

Definition of Force Majeure Events:

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control (each, a “Force Majeure Event”). Force Majeure Events may include, but are not limited to:

Natural disasters (e.g., earthquakes, hurricanes, floods, fires, or other extreme weather conditions).
Acts of war, invasion, hostilities, terrorism, or civil unrest.
Epidemics, pandemics, or other public health emergencies, including government-mandated lockdowns or quarantines.
Cyberattacks, data breaches, or other events affecting the integrity or availability of technology systems.
Government orders, regulations, embargoes, or other actions impeding the performance of contractual obligations.
Strikes, labor disputes, or industrial actions not attributable to the affected party’s failure to meet labor standards.
1. Responsibilities During a Force Majeure Event:
2. Notification: The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event and its expected impact on performance.
  b. Mitigation: The affected party shall use commercially reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance of its obligations as soon as practicable.
3. Performance Suspension: Performance of obligations directly affected by the Force Majeure Event shall be suspended during the period of the Force Majeure Event, but all other obligations under this Agreement shall remain in effect.

Termination Due to Extended Force Majeure:

If a Force Majeure Event continues for more than ninety (90) days, either party may terminate this Agreement upon written notice to the other party. In such event, both parties shall work together in good faith to settle any outstanding obligations, including refunds or payments due, as applicable.

Exclusions:

Force Majeure does not relieve either party of its payment obligations under this Agreement or any liabilities that arose prior to the Force Majeure Event.

No Waiver of Obligations:

The non-affected party’s failure to enforce its rights under this Agreement during a Force Majeure Event does not constitute a waiver of those rights once the Force Majeure Event is resolved.

Entire Agreement. This Agreement, our Privacy Policy, and other documents expressly incorporated herein by reference, constitute the entire agreement between you and us with respect to the Platform, and supersede all prior or contemporaneous communications, whether electronic, oral or written.

DMCA Takedown Notice and Complaint Policy

DMCA Takedown Notice

If you believe in good faith that material available on the Platform infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated agent:

DMCA Designated Agent:

Nanoconda
Attn: DMCA Designated Agent

Address: 7700 Windrose Ave. Suite 300, Plano TX 75024, USA

Email: support@nanoconda.com

Phone: +1 (878) 250-8080

Your notice must include the following information, as required by 17 U.S.C. §512(c)(3):

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and information sufficient to locate the material on the Platform.
Contact information of the complaining party, such as an address, telephone number, and email address.
A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

We will respond to valid DMCA takedown notices promptly and may remove the content or disable access to the content that is subject to the notice.

Expanded Complaint Policy

Submission of Complaints:

If you believe that any content or material on the Platform violates your rights, infringes trademarks, privacy, or other legal rights, or is otherwise unlawful, please submit a written complaint to:

Complaint Contact Information:

Address: 7700 Windrose Ave. Suite 300, Plano TX 75024, USA

Email: support@nanoconda.com

Phone: +1 (878) 250-8080

Required Information:

Your complaint must include:

Your name, physical address, email address, and phone number.
A description of the content or material you believe violates your rights or is otherwise unlawful.
Identification of the location of the material on the Platform.
A statement under penalty of perjury explaining your belief that the content is unlawful or violates your rights.
Your physical or electronic signature.

Acknowledgment of Complaints:

We will acknowledge receipt of your complaint within five (5) business days.

Resolution Timeline:

We will review the complaint and, if valid, take appropriate action within fifteen (15) business days from acknowledgment.
If additional time is required, we will notify you with an explanation and an estimated resolution date.

Communication of Outcome:

You will receive an email or written communication outlining the outcome of our review and any actions taken.
This expanded policy ensures compliance with DMCA requirements while providing clear processes and timelines for addressing user complaints effectively.

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Platform infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to support@nanoconda.com containing the following information:

Your name, physical address, e-mail address and phone number;
A description of the material posted on the Platform that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
Identification of the location of the material on the Platform;
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We will notify you of our decision by email you provided within the Site. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to: Nanoconda, 7700 Windrose Ave. Suite 300, Plano TX 75024, USA, or sent via email to support@nanoconda.com .

Copyright © Nanoconda. All rights reserved. The Platform is the property of Nanoconda, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Platform, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.