These Terms of Service (this “Agreement”) govern your use of the Services (defined below), including through our website or online sign-up or as purchased under an applicable Order Form (defined below). To make this Agreement easier to read, the terms “Numia,” “we,” and “us” refer to Numia GmbH, a Swiss corporation, and the terms “you”, “your”, or “Subscriber” refers to you and any organization that you are acting on behalf of or has authorized you to use these Services (including the organization set forth on an applicable Order form). Suppose you are using the Services on behalf of an organization (such as your employer, a decentralized autonomous organization, or other legal entity). In that case, you represent and warrant that you have the authority to bind that entity to this Agreement. You and Numia may be referred to herein collectively as the “Parties” or individually as a “Party”.

BY USING THE SERVICES, CLICKING A BUTTON OR CHECKBOX TO ACCEPT OR AGREE TO THESE TERMS WITH A SIGNATURE, OR IF YOU HAVE ENTERED INTO AN ORDER FORM TO OBTAIN THE RIGHT TO USE THE SERVICES, THEN YOU AGREE TO BE FULLY BOUND BY THIS AGREEMENT.

1. Acceptance of Terms

By accessing or using the data indexing and API services ("Services") provided by Numia ("Company", "we", "us", "our"), customers ("Customer", "you") agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Service Provision

The Company provides big data indexing services for blockchains and builds APIs on top of this data, available under a Software as a Service (SaaS) model along with additional service offerings.

3. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to software, data, algorithms, APIs, documentation, and related materials, shall remain the Company's exclusive property. No license or right is granted to you except as expressly outlined in these Terms.

4. Resale of Services

The Company grants you a limited, non-exclusive, non-transferable right to use the Services. You acknowledge that thCompany reserves the right to resell the Services and any associated APIs to other customers or third parties, notwithstanding your payment for the Services.

4. Free Tier and Paid Services

Numia offers a free tier of Services with certain limitations. To access enhanced or additional features beyond the free tier, Users must contact Numia to arrange for paid Services. Numia reserves the right to modify, limit, or discontinue the free tier offerings at any time without prior notice. Numia reserves the right to adjust pricing at its discretion for paid services. Users will be notified of any price changes, and continued use of the Services after such changes constitutes acceptance of the new pricing.

5. Prohibited Uses

Users agree not to:

• Utilize Numia's Services or data to develop, support, or offer services that directly or indirectly compete with Numia's offerings.

• Engage in any activity that could harm, disrupt, or otherwise negatively impact Numia's Services or reputation.

• Attempt to gain unauthorized access to any part of the Services or related systems.

6. Data Accuracy and Limitations

While the Company strives to ensure the accuracy of the data provided through the Services, we do not warrant that thdata will be error-free. The Services are provided subject to the terms of any Service Level Agreements (SLAs) outlined in the order form. The Company shall not be liable for any inaccuracies, errors, or omissions in the data provided.

7. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from the use of or the inability to use the Services.

8. Indemnificatio
You agee to indemnify and hold the Company, its officers, directors, employees, and agents harmless from any claimsdages, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of another.

9. Modifications to the Ter

The Company reserves the right to modify these Terms at any time. You will be notified of any changes through the Services or via email. Your continued use of the Services after such modifications have been made constitutes your acceptance of the new Terms.

10. Termination

These Terms are effective until terminated by either you or the Company. The Company may terminate these Terms at any time without notice, including, without limitation, if you fail to comply with any term or provision of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without giving effect to any principles of conflicts of law.

12. General Provisions

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions about these Terms, please contact us at support@numia.xyz.

14. Order Form Precedence

In the event of any conflict or inconsistency between the terms set forth in the order form and these Terms and Conditions, the terms and conditions stated in the order form shall prevail and take precedence over the provisions of these Terms and Conditions.