Terms of Service Agreement

1.1. Preamble and Binding Arbitration Notice

This Terms of Service Agreement ("Agreement") serves as the definitive legal instrument governing the contractual relationship between GigaNode Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office in India, and the entity, individual, or organization ("Subscriber," "Client," or "You") accessing the Company's digital infrastructure.

By executing a transaction or accessing the Services, the Subscriber enters into a binding contract pursuant to the Indian Contract Act, 1872.

1.2. Unilateral Right of Modification

The Company reserves the absolute, unfettered, and unilateral prerogative to amend, modify, abrogate, or supersede any portion of this Agreement at its sole discretion, without prior individual notice. Continued utilization of the Services post-modification constitutes irrevocable ratification of the amended terms.

1.3. Service Provisioning and "As-Is" Stipulation

The Services are provided on an "as is," "as available," and "with all faults" basis. The Company explicitly disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, title, non-infringement, quiet enjoyment, and fitness for a particular purpose.

The Subscriber explicitly acknowledges that the Company does not warrant that the Services will be uninterrupted, error-free, or completely secure from malicious third-party interference.

1.4. Limitation of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. Exclusion of Consequential Damages

Under no legal theory, including but not limited to negligence, tort, contract, strict liability, or otherwise, shall GigaNodes be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of data, loss of goodwill, or loss of business information) arising out of the use of or inability to use the Services, even if the Company has been advised of the possibility of such damages.

2. Monetary Cap

In any event, the collective liability of GigaNodes, its directors, officers, employees, and agents, shall be strictly limited to the amount actually paid by the Subscriber to GigaNodes for the specific Service giving rise to the claim during the one (1) month period immediately preceding the date the cause of action arose.

1.5. Indemnification

The Client agrees to defend, indemnify, and hold harmless GigaNodes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use of the Services, including but not limited to any content or data stored on the Services.
• Any violation of applicable law or the rights of a third party by you or your end-users.

1.6. Data Integrity and Backup Disclaimer

The Subscriber acknowledges that data preservation is solely their responsibility. GigaNodes assumes NO LIABILITY for any loss of data, corruption, or failure to restore backups. The Company does not guarantee the existence, accuracy, or completeness of any backups. The Subscriber agrees to maintain independent, off-site copies of all data hosted on GigaNodes infrastructure.

1.7. Force Majeure

The Company shall be absolved of liability for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortage of transportation facilities, fuel, energy, labor, or materials, or failure of third-party telecommunications ("Force Majeure Events").

1.8. Dispute Resolution, Arbitration, and Class Action Waiver

1. Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (and amendments thereof).

2. Sole Arbitrator

The arbitration shall be conducted by a Sole Arbitrator appointed exclusively by GigaNodes.

3. Venue

The seat and venue of arbitration shall be Ghaziabad, Uttar Pradesh, India.

4. Language

The language of arbitration shall be English.

5. Class Action Waiver

The Subscriber explicitly waives the right to participate in a class action lawsuit, class-wide arbitration, private attorney general action, or any other proceeding in which someone acts in a representative capacity.

6. Governing Law

This Agreement shall be governed by the laws of India. Subject to the arbitration clause, the courts at Ghaziabad, Uttar Pradesh shall have exclusive jurisdiction.

1.9. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a competent court or arbitrator, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.

Contact Information

If you have any questions about these Terms, please contact us:

• • Email: support@giganodes.host
• • Support Ticket: my.giganodes.host