Terms of Service

Last updated: December 16, 2023

Welcome to Hexxagon. These Terms of Service (“Terms,” “Terms of Service”) govern your relationship with Hexxagon Validator Hosting (the “Service”) operated by Hexxagon (“us,” “we,” or “our”). Hexxagon is a blockchain node hosting, staking, and monitoring platform. By accessing or using the Service or clicking a button or checking a box marked “I Agree…” you indicate that you have read, understood, and agree to be bound by these Terms of Service, and to the collection and use of your information as outlined in the Hexxagon Privacy Policy. These Terms apply to all visitors, users, and others who register for or otherwise access or use the Service (“You”, “User”, “Users”). Certain services may be subject to additional terms and conditions specified by us, and your use of such services is subject to those additional terms and conditions. By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences.

Hexxagon is not a cryptocurrency exchange. We do not endorse or recommend any particular digital asset, transaction, or purchasing strategy. No content on the Hexxagon website nor communications with company personnel constitutes purchase or investment advice. Independent advice should be sought where appropriate. You acknowledge and agree that all transaction decisions are made solely by you, and Hexxagon bears no responsibility or liability for the outcome of your decisions. Please read this agreement carefully, and in full, to ensure that you understand each provision before using the Service.
If you do not agree with these terms of service, in whole or in part, then you must not use the Service.

Use of Service

A. Member Conduct –

If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. You may use the Service only if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Service is not available to any
Users previously removed from the Service by Hexxagon.
You agree, at all times, to utilize the Services solely for the purposes for which they are intended and not for any illegal or fraudulent activity. You agree to be bound by the Service rules below.

B. Service Rules –

You agree to not use the Service to:

• email or otherwise post any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or contractual or fiduciary relationships; (iii) contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hexxagon, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Hexxagon or its users to any harm or liability of any type; (viii) interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means to send unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
• modify, disassemble, decompile or reverse engineer the Service;
• rent, lease, loan, resell, sublicense, or otherwise transfer the Service to any third party;
• other than as specifically approved in writing, any copying, distributing or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (iv) other than as specifically approved in writing, using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Hexxagon servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Hexxagon grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
• use the Service for any commercial solicitation purposes;
• impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
• interfere with the proper working of the Service;
• access any content on the Service through any technology or means other than those provided or authorized by the Service;
• bypass the measures we may use to prevent or restrict access to the Service, including without limitation removing, circumventing, disabling or otherwise interfering with security-related features;

C. Hexxagon Service –

The Service allows you to host and monitor blockchain nodes, as well as stake your digital assets through the Hexxagon Galaxy Station platform. To access the hosting, staking, or monitoring functionalities of the Service, you must use Hexxagon’s Galaxy Station Wallet Validator Management and Staking capabilities. You can optionally join Hexxagon’s Telegram and Discord channels to receive support for the Service.

Hexxagon accepts payment for the service in the cryptocurrency of the blockchain on which your validator is hosted. Hexxagon will provide you with a dedicated payment wallet address to make your monthly Service payments to.

Hexxagon, at its discretion, may modify or update the Service, in whole or in part at any time. Subject to these Terms, you are hereby granted a non-exclusive, limited, non- transferable, freely revocable license to access and use the Service for your personal use only and as permitted by the features of the Service. You are prohibited from using Hexxagon for any illegal or fraudulent purposes or for the purpose of concluding transactions for any other parties. Hexxagon may terminate this license at any time for any reason or no reason.

At our sole discretion, we reserve the right to modify, discontinue, replace, temporarily or permanently the Service content or its parts at any time with or without notice. What constitutes a content change will be determined at our sole discretion. You agree that Hexxagon will not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Service. We have no obligation to retain your access to the Service for any period of time beyond what may be required by applicable law.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Service.

You agree that Hexxagon has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Hexxagon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

D. Your Validator Account –

Your Validator Account is represented by a unique wallet address that you created when you signed up for the service. This wallet gives you access your node(s) any other functionality that we may establish and maintain from time to time and in our sole discretion. Security of the wallet and secure backup of the seed phrase is your sole responsibility. Hexxagon is unable to assist in recovery of lost seed phrases and bears no responsibility to customers who have lost their seed phrase and are unable to access the Service as a result.

When creating your Validator, you are responsible to provide accurate and correct information. Certain information (such as “Maximum Commission” and “Daily Rate of Change of Commission”) cannot be modified at a later date, and you accept that the correctness of such information provided during setup is your sole responsibility).

Your access to the Service and the limits that apply to your use of the Service may be altered as a result of information collected about you on an ongoing basis. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or Us against fraud or other financial crime, and to
take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that any personal information we hold about you may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.

You are solely responsible for the activity that occurs through your Validator Account, and you must keep your validator wallet password and seed phrase secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Validator Account. You must notify Hexxagon immediately of any breach of security or unauthorized use of your Validator Account by email using the Site’s “Contact Us” feature.. Hexxagon will not be liable for any losses caused by any unauthorized use of your Validator Account.

By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed in Canada. By accepting these Terms, you expressly allow us to export data outside of the jurisdiction in which you reside or are located when you access the Service.

Links To Other Websites

The Service may contain links to third-party websites (including users) or services that are not owned or controlled by Hexxagon. Hexxagon has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Hexxagon. shall not be responsible or
liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

You acknowledge that Hexxagon does not pre-screen third-party (including users) content, but that Hexxagon and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service or deemed objectionable and/or violates these Terms of Service. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Intellectual Property Rights

You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret, copyright rights, mask work rights, moral rights, rights of publicity, goodwill, and/or other proprietary rights and laws. Except as expressly authorized by Hexxagon, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, re-use, display, distribute, transmit, publish, re-publish, distribute or create derivative works based on the Service or the Service Content commercially and non- commercially, either in whole or in part, in all forms and media now or hereinafter known. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by
Hexxagon. from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All materials of the Service including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Hexxagon and its licensors (including other Users who post User Content to the Service). Use of the Hexxagon Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to, or We may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Hexxagon under any fiduciary or other obligation and that we are free to use your comments without any additional compensation to you, and/or to disclose the comments on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hexxagon does not waive any rights to use similar or related comments previously known to Hexxagon, or developed by its employees, or obtained from sources other than you.

Copyright Material

You acknowledge and agree that Hexxagon, its successors, and its affiliated companies and partners are the sole owners of the copyright materials of the Service in perpetuity. For the purposes hereof, all rights in the Service Content, including any copyrights and renewals or extensions thereto as well as all title, and interest that the user or any other person might be able to claim or hold, throughout the world, shall remain the sole and exclusive property of Hexxagon or its nominees, at its sole discretion for the entire life of copyright therein.

Service Fees

Hexxagon charges a monthly service fee for the Service. Current monthly service fee rates will be notified from time to time through Hexxagon’s various communication and marketing channels.

It is your responsibility to ensure your payment wallet is funded for the up coming month before the end of your current paid-up month. If your payment wallet is not funded prior to the end of the current paid-up month then your services will be automatically terminated.
Hexxagon will endeavour to remind you to fund your payment wallet 7 days prior to the end of your current paid-up month. Hexxagon bears no responsibility for failure to notify you that payment is due, or for failure of the notification to be delivered.

The prices listed on Hexxagon’s various communication and marketing channels are in USD per month. Prices and pricing structure are subject to change at any time and without notice. We reserve the right to modify the resources used to deliver the Service at any time.
Except when independently negotiated and agreed by You and Us, and certified in a written form, the primary and regular Fees for the Services will be delivered to You in the usual requested online structure. Concurrent with these Terms, all sums paid to Hexxagon shall be non-reimbursable to You in case you decide to cancel the Service for any reason whatsoever. The inability to pay for Hexxagon Services on time will result in Service interruption and/or Services termination and/or penalties collection.

Cancellation and Refund

Due to the digital set-up nature of our Services, we offer no refunds on our payment plans. If you wish to cancel your ongoing Service with Hexxagon, you may do so at any time provided that all sums owing to Hexxagon under your current agreement are paid in full. If you decide to cancel your Service with Hexxagon while maintaining a positive account balance, you will forgo the remaining credit on your account.
You may temporarily or permanently terminate your node activity and restart the Service at any time.

Suspension and Termination

You agree that Hexxagon, in its sole discretion and without liability to you or any third party, may suspend or terminate your use of Service (or any part thereof) and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Hexxagon believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities.

Hexxagon may:

(a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your account if: (i) you are carrying a negative balance, or (ii) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (iii) use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use; (v) suspend or terminate your account or access to the Service for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. Hexxagon may, without prior notice, suspend, change, limit, or stop providing the Service or features of the Service, to you or users in general. If Hexxagon suspends or closes your account, or terminates your use of
the Service, in whole or in part, for any reason, we will use commercially reasonable efforts to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that Hexxagon’ decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Hexxagon’ risk management and security protocols. You agree that Hexxagon is under no obligation to disclose the details of its risk management and security procedures to you.

Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Hexxagon will have no liability or responsibility with respect thereto. Hexxagon reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold Hexxagon and its affiliates and their officers, employees, directors, and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another, Your Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information, your willful misconduct, or any other party’s access and use of the Service with your unique username, password or other appropriate security code.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, HEXXAGON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HEXXAGON MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU AGREE THAT HEXXAGON IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT HEXXAGON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEXXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HEXXAGON TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HEXXAGON.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

YOU AND HEXXAGON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND HEXXAGON REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR
PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

Governing Law

These Terms shall be governed by the laws of Canada. The courts competent in Canada shall have the exclusive jurisdiction to enforce and interpret it. Moreover, You are solely responsible for all code, video, images, information, data, text, software, music, sound, graphics, messages, or other Content that you upload, post, publish, display or email or otherwise use via the Service. Hexxagon reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the provisions mentioned above.

In accordance with copyright and other applicable laws, we will terminate the Service at our sole discretion for the users who are deemed to be repeated copyright infringers. Hexxagon may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination, your right to use the Service will immediately cease.

General

A. Agreement –

These Terms of Service constitute the entire agreement between you and Hexxagon and govern your use of the Service, superseding any prior agreements between you and Hexxagon with respect to the Service. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content,
or third-party software.

These Terms of Service will be governed by the laws of Canada without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Hexxagon agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located within Canada. The failure of Hexxagon to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Hexxagon, but Hexxagon may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Hexxagon be held liable for any delay or failure in performance resulting directly or
indirectly from an event beyond its reasonable control.

B. Notifications –

Hexxagon may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Hexxagon in our sole discretion. Hexxagon reserves the right to determine the form and means of providing notifications to our users, provided that you may opt-out of certain means of notification as described in these Terms. Hexxagon is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Hexxagon may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

Contact Us

If you have any questions about our Terms of Service, please contact us to report any violations of these Terms of Service or to pose any questions regarding our Terms of Service or the Service.