Terms of Use
A. INTRODUCTION.
Welcome to the NodeActa website. Through this site, NodeActa provides access to a range of resources including content, forums, and other information (collectively referred to as the "Services"). The Services are subject to the following NodeActa Terms of Use (“Terms of Use”), the NodeActa Privacy Policy, and the NodeActa Cookie Policy. Please note that these terms are not exhaustive, and NodeActa may update them at any time, with changes taking effect upon publication.
B. ACCEPTANCE OF TERMS OF USE.
By using the Services, you agree to comply with and be bound by these Terms of Use. If you do not accept these terms, you are not permitted to use the Services.
C. CONDITIONS AND RESTRICTIONS ON USE.
NodeActa reserves the right to terminate your access to the Services if you violate the Terms of Use or engage in any of the following actions:
(a) using the Services for any illegal purpose,
(b) using the Services in ways prohibited by the Terms of Use,
(c) using the Services in a way that may damage, disable, overload, or impair any NodeActa server or connected networks, or that interferes with others' use of the Services,
(d) violating any applicable laws or regulations, whether local, state, federal, or international,
(e) engaging in conduct that NodeActa, at its sole discretion, considers potentially harmful to another user or any third party, whether directly or indirectly,
(f) attempting unauthorized access to the Services, other accounts, systems, or networks linked to NodeActa servers, including through hacking or password mining.
NodeActa may terminate any user’s access to the Forums Sites at any time and without prior notice. Upon termination, NodeActa may immediately deactivate or delete the user's account and/or block any future access to related files. NodeActa bears no responsibility to the user or any third party for such termination. If a user requests account termination, the account will be deactivated but not necessarily deleted. NodeActa retains sole discretion to delete or retain any user account, as well as to delete or preserve any Content. “Content” refers to software, code, schemas, style sheets, source code, scripts, information, data, ideas, text, software, music, sound, photographs, graphics, video, audiovisual materials, notes, messages, concepts, trademarks, service marks, or any other materials accessible on, viewed through, or contributed to the Forums.
D. SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software available for download from the Services (“NodeActa Software”) is the intellectual property of NodeActa and/or its suppliers and is protected by copyright, trademark, and other applicable laws. Use of the NodeActa Software is governed by the accompanying end user license agreement (“NodeActa End User License Agreement”), if provided. You must agree to the terms of the NodeActa End User License Agreement before installing any NodeActa Software that includes or is accompanied by such an agreement. By installing, accessing, or using any Software that includes or references a EULA, you agree to be bound by its terms. If you do not agree to the terms of the EULA, you are not authorized to install, access, or use the Software.
COPYING OR REPRODUCING NODEACTA SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE NODEACTA END USER LICENSE AGREEMENT. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.
NODEACTA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS NODEACTA SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NODEACTA MAKES NO ASSURANCES AS TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
NodeActa may offer certain tools, utilities, or code samples as part of the Software or Services. These are provided "as-is" and are used at your own risk. NodeActa does not guarantee the accuracy, performance, or results derived from such use.
EXCEPT AS EXPRESSLY WARRANTED IN AN APPLICABLE EULA, NODEACTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.
E. USE OF NODEACTA DOCUMENTS
NodeActa grants you a limited, non-exclusive license to use documents created by NodeActa (such as white papers, press releases, and FAQs) made available through the Services (“Documents”), subject to the following conditions:
1. The copyright notice provided below must appear on all copies of the Documents, along with this permission notice.
2. The Documents may not be altered or modified in any way.
3. The Documents may be used solely for informational, personal, or non-commercial purposes and may not be copied, posted to a networked computer, or disseminated via any media.
Accredited educational institutions are permitted to download and reproduce the Documents for classroom distribution. However, any distribution outside the classroom requires prior written consent from NodeActa.
This permission does not extend to any third-party content that may be accessible through the Services.
Any use of the Documents beyond what is expressly permitted is prohibited by law and may result in civil or criminal liability.
NODEACTA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND GRAPHICS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.
NODEACTA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NODEACTA AND/OR ITS SUPPLIERS MAY MAKE CHANGES OR IMPROVEMENTS TO THE PRODUCTS, INFORMATION, OR PROGRAMS DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.
F. REGISTRATION AND PRIVACY.
Certain Services (like Forum) may require you to register an account. When doing so, you must provide accurate, complete, and up-to-date information as requested in the registration form. You agree to keep this information current and accurate over time. You are solely responsible for selecting and securely maintaining your username and password. NodeActa is not liable for any unauthorized use of your account or password, and you agree to promptly notify NodeActa of any such unauthorized use or other security breaches.
All registration information becomes the exclusive property of NodeActa. We reserve the right to use registration details and any personally identifiable information in accordance with our Privacy Policy. To learn more, please review our full Privacy Policy.
G. USE OF SERVICES.
The Services are provided for your personal use only. You may not sell, transfer, license, reproduce, display, publish, distribute, copy, perform, modify, or create derivative works from any products, services, software, or information obtained through the Services.
You agree to use the Services solely to post, send, and receive messages and materials that are appropriate and, where relevant, related to the specific Service. You agree not to:
- Harass, stalk, defame, abuse, threaten, or violate the legal rights (including privacy and publicity) of others.
- Share obscene, indecent, profane, defamatory, or otherwise inappropriate or illegal content.
- Use the Services for surveys, contests, raffles, pyramid schemes, chain letters, junk email, spamming, or unsolicited messages.
- Collect or store personal information of others for commercial or illegal purposes.
- Make sexual requests to or exploit minors in any way.
- Impersonate others.
- Provide misleading addresses or false information.
- Upload files containing materials protected by intellectual property laws (copyright, trademark, privacy rights) without proper authorization.
- Use any content from the Services in a way that infringes others’ proprietary rights.
- Upload or transmit files containing viruses, malware, or harmful software.
- Advertise or sell goods or services unless the Service explicitly permits it.
- Prevent or interfere with others’ use of the Services.
- Remove or alter copyright or proprietary notices on any uploaded materials.
- Download content you know or should know is not legally authorized for such use.
- Violate any code of conduct or guidelines specific to any Service.
- Collect information about other users, including email addresses.
- Break any laws or regulations, including those from regulatory authorities like the SEC.
- Share, distribute, or provide any directory or user data from the Services to others.
- Reverse engineer, modify, or create derivative works from any software used by the Services.
NodeActa is not obligated to monitor content on the Services but reserves the right to review, remove, or edit any materials at its discretion. NodeActa may disclose any information it deems necessary to comply with laws, regulations, legal processes, or government requests, and may refuse, remove, or modify any content, wholly or partly, at its sole discretion.
H. REGISTRATION FOR FORUMS.
You are not required to register in order to access the Forums and read messages posted therein. However, registration—by providing a valid email address, username, and password—and subsequent login are necessary to post messages, share content, or modify user settings. NodeActa will process all personal information submitted during registration in accordance with the NodeActa Privacy Policy and Cookie Policy, but reserves the right to disclose such information as described therein and herein. When registering, you will be asked to provide certain personal information. Please be aware that your username, along with a link to your profile and online status, will be visible whenever you post on the Forums. Your profile may also display historical information such as registration date, last visit, and number of posts. NodeActa reserves the right to refuse any username or email address that is already in use, impersonates another individual, infringes upon the rights of others, is offensive or otherwise inappropriate, or that NodeActa deems objectionable at its sole discretion. By registering, you represent and warrant that all information you provide is accurate, current, and complete.
You agree not to use another person's account without explicit authorization. You are solely responsible for all activity occurring under your account and must maintain the confidentiality of your password. You must notify NodeActa immediately if you become aware of any unauthorized use of your account or any other security breach. Although NodeActa is not liable for any losses arising from unauthorized account use, you may be held responsible for any damages or losses incurred by NodeActa or others due to such unauthorized use.
Content posted or transmitted through the Forums is the sole responsibility of the individual who originated such content. Accordingly, NodeActa assumes no responsibility for the content posted, emailed, or otherwise transmitted via the Forums. Users shall not post, transmit, or engage in any activity on the Forums that NodeActa reasonably determines to be unlawful, including but not limited to violations of laws related to encryption, technology export controls, obscenity, or intellectual property rights. NodeActa reserves the right, at its sole discretion, to remove or refuse any content that it deems to violate these Terms or applicable law. NodeActa may preserve and disclose such content if required by law, judicial order, or governmental request, or as deemed necessary to protect the rights, property, or safety of users and the public.
NodeActa does not control the content posted on the Forums and makes no representations or warranties regarding its accuracy, completeness, or quality. Under no circumstances shall NodeActa be liable for any errors, omissions, or damages arising from the use of any content posted on the Forums. Users acknowledge that they may encounter content that is offensive, indecent, or objectionable and agree to waive any claims against NodeActa related thereto. To the extent permitted by law, users agree to indemnify and hold harmless NodeActa and its affiliates, licensors, and licensees from any claims or damages arising from their use of the Forums. Each user is solely responsible for evaluating and assuming all risks associated with using any content on the Forums.
By submitting content to NodeActa or posting on the Forums, you grant NodeActa and its affiliates a worldwide, royalty-free, sublicensable, transferable, perpetual, irrevocable license to use, reproduce, distribute, adapt, publicly perform and display, and create derivative works of such content in any media now known or later developed. Additionally, if you submit logos, trademarks, or company names as part of your content or registration, you grant NodeActa permission to display such materials on the Forums and in press releases or public filings. You affirm that you have all necessary rights to grant these licenses. Notwithstanding the foregoing, you retain all ownership rights in your copyrights, trademarks, and service marks included in your submissions.
J. DIGITAL MILLENNIUM COPYRIGHT ACT.
If you are the owner of a copyright or an authorized agent thereof and believe that any content available through our services infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Such notification must be provided in writing to our designated Copyright Agent and include the following information, consistent with 17 U.S.C. § 512(c)(3):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification at a single online site, a representative list of such works;
c. Identification of the material claimed to be infringing or the subject of infringing activity to be removed or access to which is to be disabled, together with information reasonably sufficient to allow us to locate the material (for example, the URL);
d. Contact information reasonably sufficient to enable us to communicate with you, such as your address, telephone number, and, if available, an email address;
e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information provided in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right allegedly infringed;
g. The notification should be sent as an electronically signed communication to sales@nodeacta.com.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
K. WARRANTY DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NODEACTA, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND YOUR USE THEREOF. NODEACTA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OR ANY MATERIALS ON THE SERVICES OR ON ANY SITES LINKED TO THE SERVICES.
FURTHERMORE, NODEACTA DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES OR INJURIES, INCLUDING BUT NOT LIMITED TO:
(I) ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF NODEACTA’S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON; (IV) INTERRUPTIONS, SUSPENSIONS, OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY MALWARE, INCLUDING BUT NOT LIMITED TO VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED THROUGH THE SERVICES BY THIRD PARTIES; (VI) ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
NODEACTA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES THROUGH THE SERVICES, INCLUDING ANY HYPERLINKED SITES, BANNERS, OR OTHER ADVERTISEMENTS. NODEACTA SHALL NOT BE LIABLE FOR MONITORING OR PARTICIPATING IN ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS.
YOU UNDERSTAND THAT, AS WITH ANY PURCHASE OR TRANSACTION MADE THROUGH ANY MEDIUM, YOU SHOULD EXERCISE DUE CARE, USE YOUR BEST JUDGMENT, AND EXERCISE CAUTION WHEN ENGAGING WITH THIRD-PARTY PRODUCTS OR SERVICES.
L. LIMITATION OF LIABILITY.
IN NO EVENT SHALL NODEACTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (I) ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES; OR (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR RELIANCE ON ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF NODEACTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NODEACTA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT ALL RISKS ASSOCIATED WITH SUCH CONTENT OR CONDUCT SHALL BE BORNE SOLELY BY YOU.
The Services are operated and provided by NodeActa from its facilities in Vienna, Austria. NodeActa does not guarantee that the Services are suitable or accessible for use in other regions. Users who access or use the Services from outside Austria do so voluntarily and are solely responsible for ensuring compliance with the laws of their respective jurisdictions.
M. INDEMNITY.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NodeActa, along with its officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and obligations arising out of or related to: (i) your use of or access to the Services; (ii) your breach of any provision of these Terms of Use; (iii) your infringement or violation of any third-party rights, including, without limitation, intellectual property, privacy, or proprietary rights; or (iv) any allegation that your Content has caused harm or damage to a third party. This indemnification obligation shall survive the termination of these Terms of Use and your use of the Services.
N. TRADEMARKS.
NodeActa holds proprietary rights in the European Union and in the United States, and other jurisdictions in its trademarks, service marks, trade names, designs, logos, and other trade dress associated with the Software, Services, and Documents. No individual or entity may use any NodeActa trademark, service mark, trade name, design, logo, or other trade dress without the prior written consent of NodeActa. Except as expressly authorized by these Terms of Use, nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright, or other proprietary right owned or controlled by NodeActa. All company, product, and service names referenced on this site that are not owned by NodeActa are the trademarks or service marks of their respective owners.
O. ABILITY TO ACCEPT TERMS OF SERVICE.
By accessing or using the Services, you represent and warrant that you are at least 18 years of age, or that you are an emancipated minor, or otherwise possess the legal consent of a parent or guardian, and that you have the full right, power, and authority to enter into and be bound by these Terms of Use. You further represent that you are fully able and competent to comply with all terms, conditions, obligations, affirmations, representations, and warranties set forth herein.
In all cases, you affirm that you are at least 13 years of age. The Services are not intended for, and may not be used by, individuals under the age of 13. If you are under 13 years of age, you are expressly prohibited from accessing or using the Services.
P. JURISDICTION, CHOICE OF LAW, AND VENUE.
If you are located within the European Union and access or use the Services from within the European Union, this agreement shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of law provisions and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any dispute, claim, or controversy arising out of or relating to your use of the Services or this agreement shall be subject to the exclusive jurisdiction of the Handelsgericht Wien (Commercial Court of Vienna), and you expressly and irrevocably consent to the exercise of personal jurisdiction by such court for the purpose of resolving any such dispute or claim.
Q. PERSONAL DATA STAYS IN EU.
Except for personal data that you voluntarily disclose or otherwise make publicly available through your use of the Services, all personal data, as defined under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and any subsequent amendments or implementing acts, submitted to NodeActa in connection with the Services shall be stored, processed, analyzed, and/or otherwise handled exclusively within the European Union. No such personal data shall be transferred outside the territorial jurisdiction of the European Union.
R. TERMS OF USE CHANGES.
NodeActa reserves the right, at its sole and absolute discretion, to amend, modify, revise, supplement, or delete any provision of these Terms of Use, in whole or in part, at any time and without prior notice, by posting the updated Terms of Use on this website. It is the responsibility of the user to review the Terms of Use periodically for any modifications. Continued access to or use of the site following the posting of any such changes shall constitute the user’s full and binding acceptance of the revised Terms.
S. LICENSE TERMS
Subject to the terms and conditions of this Agreement, NodeActa grants Licensees as a limited, non-exclusive, non-transferable, and non-sublicensable License to use the Software solely for internal business purposes and not resale, unless agreed differently per instance basis. Nodeacta Licenses are sold on per-server basis, which means that only a NodeActa server License can be purchased, and other software ("NodeActa Document Center" and "NodeActa Document Command") can be downloaded and installed with no charge on any number of client devices. The License is valid for a period of 1 to 3 years from the date of purchase, with option to extend.
The Licensee may not: (a) Copy, modify, or create derivative works of the Software except as expressly permitted; (b) Sell, rent, lease, or distribute the Software to third parties except as expressly permitted; (c) Reverse engineer, decompile, or disassemble the Software.
License will terminate automatically after its vailidty period expires and license extension is not purchased.
NodeActa retains all rights, title, and interest in and to the Software, including all intellectual property rights. Purchasing a License does not grant L lensee any ownership interest.
T. MISCELLANEOUS.
The failure of either party to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any right or remedy, nor shall it operate to bar the enforcement of such provision at any later time.
NodeActa reserves the right to disclose, transfer, or assign personal information and aggregated data to a third party in the event of a bankruptcy filing, or as part of a sale, merger, acquisition, or other transfer of all or a substantial portion of NodeActa’s assets or business.
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from the remainder of the Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Use constitute the complete and exclusive agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
You may not assign, transfer, or sublicense your rights or obligations under these Terms of Use without the prior written consent of NodeActa.
Headings and section titles in this Agreement are provided solely for convenience and shall not be construed as having any legal or interpretive effect.
Please report any violations of the Terms of Use (except for claims of intellectual property infringement) to sales@nodeacta.com.
Q. COPYRIGHT NOTICE.
Copyright © 2025 NodeActa, Gregor-Mendel Strasse 12-14, A-1180 Vienna, Austria. All rights reserved.
Any rights not expressly granted herein are reserved. Send your questions to sales@nodeacta.com.
Last Updated: 2025/6/6