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TERMS OF SERVICE

Last Update : Nov 3th, 2020

These Terms of Service (the “​ Terms of Service ​” and/or “​ Terms ​”) contains the legal terms and conditions between PT Nodeflux Teknologi Indonesia (“​ Nodeflux ​”, “​ we ​”, “​ our ​” or “​ us ​”) for you in utilizing our services that we provide on ​https://nodeflux.io and any related sites (the “​ Site ​”) and our online-accessible Software, Documentation, Forums, and Content and other related to Nodeflux services (in conjunction with the Site, the “​ Services ​”). Therefore, please read these Terms of Service carefully before using the Services.

If you have entered into a separate written agreement with us for specific services, then the terms of that agreement controls to the extent any of them conflict with this Terms.

By using the Nodeflux Services, clicking on the “I Agree” checkbox, completing the registration process, signing the contract, and/or browsing the Site, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Nodeflux, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “​ you ​” and “​ your ​” will refer to the entity you are representing.

Your use of, and participation in, certain Services may be subject to additional terms (“​ Supplemental Terms ​”) and such Supplemental Terms will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such supplemental Services to the extent of the inconsistency. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “​ Terms of Service ​” and/or “​ Terms ​.”

1. Documentation

1.1 Analytics ​. you can find documents about Nodeflux’s analytics on ​https://www.nodeflux.io/

1.2 Specification ​. you can find documents about Nodeflux’s services architecture Fundamentals, Disclaimer, Analytics Protocol, API Protocol, Updates, etc. on ​https://docs.nodeflux.io/cloud/

1.3 User Guideline ​. you can find documents about Nodeflux’s services guideline on ​https://docs.nodeflux.io/cloud/

2. Services

2.1 Your Account ​. For committing a registration in order to use our Services, you shall be deemed to agree to (1) provide true, accurate, updated and complete information about yourself as prompted by our registration form; and (2) maintain and promptly update the Registration Data to keep it true, accurate, updated and complete. You represent that you are not a person barred from using the Services under the laws of the Republic of Indonesia, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the Services if ​ you have been previously removed by Nodeflux, or if you have been previously banned from any of the Services. It is your responsibility to safeguard the login and password that you use to access the Services and the Forums and you agree not to share your login and password with any third party, including not to share your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify Nodeflux immediately of any unauthorized use of your account.

2.2 Availability of the Services ​. Information describing the Services is accessible worldwide but this does not mean the Services or certain ​ portions of the Services are available in your country. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. The Services may not be available in all languages. If at Nodeflux’s reasonable determination, you are using the Services in a manner that violates laws, creates an excessive burden or potential adverse impact on Nodeflux’s systems, in addition to any of its other rights or remedies, Nodeflux may, without liability to Nodeflux, immediately suspend your access to the Services.

2.3 Top Up Balance ​. you can top up your balance through the following mechanisms:

a. Through the Billing page on the User's account using the registered User's credit card; or

b. By issuing a Purchase Order document to Nodeflux, containing the following information:

- Agreement name;  
- Agreement number;  
- Agreement date;
- Total balance; and
- Details of balance purchase fees (including taxes and payment gateway fees);

c. Purchase Order documents that have been issued and signed by the User, will be considered as an attachment to this Agreement and cannot be canceled by each Party, unless otherwise agreed by the Parties with reference to the procedures as set out under this Terms of Service.

d. The balance that has been filed in the User's account cannot be withdrawn, cashed or changed into any form by the User.

2.4 Cut-Off Period. The cut-off period is every 1st (First) day of next month.

2.5 Usage Report. Nodeflux will issue an E-Statement document to you every 1st (First) day of each month, which contains the following information:

a. Account Name;

b. Billing Period;

c. E-Statement Number;

d. E-Statement date;

e. Details of Service Types;

f. Details of the number of hits / usage; and

g. details of the balance withdrawn.

2.6 Billing ProcedureFor Excess of Usage. ​In the event that where the E-Statement states that the amount of Service usage exceeds the total balance in the your account, Nodeflux will automatically issue a billing document (“​Invoice”) to you, and then the you are required to make full payment of the bill within the period no later than  14  (fourteen) calendar days from the issuance of the invoice (“​Payment Due Date​”). The Invoice will be sent to Your account and email, containing the following information:

a. Account Name;

b. Billing Period;

c. Document number;

d. Document date;

e. Details of Service Types;

f. Details of the number of hits / usage; and

g. Details of Excess Usage Fee (including tax and payment gateway fees);

h. Late Sanction; and

i. Fine (if applicable).

2.7 Payment Procedure for Excess of usage. you can pay the excess usage through your account on the Billing page.

2.8 Fines​. If within 14 (fourteen) calendar days since the issuance of the invoice, you still not made a payment of Excess Use, Nodeflux will impose fine on you in the amount of 1% (one percent) per calendar day for the outstanding amount of billed usage, starting from the Due date of Payment. The imposition of your fine will be calculated continuously in an accumulated amount from the total bill along with the total accumulated daily fines.

2.9 Nodeflux May Deactivate the Services. ​ The user fully understands that Nodeflux may take any necessary actions to modify or deactivate the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you for a temporary or permanent period of time. We may stop and/or suspend the Service for any alleged violation by the user in using the Services, including but not limited to :

a. If there is any excess use on E-Statement, until the excess use has been paid (With the implementation of temporary deactivation, the User cannot temporarily use the Service until the Provider activates the Service, however, the User can still access and top up the balance or fulfill the payment of the Excess Usage bill on the User's Account);

b. User take advantage of the Service to commit illegal acts;

c. User transfer rights without permission from the Provider; and / or

d. The User was negligent or intentionally did not implement either part or all of the contents of the Agreement and the Attachments to this Agreement.

2.10 Nodeflux May Delete Your Account. Nodeflux has the right to immediately make temporary deactivation and change it to account deletion in the event that Nodeflux has issued a warning letter any for negligence committed by the User, and the User still has not corrected the negligence he committed within 30 (thirty) calendar days after the issuance and receipt of such warning letter. With the implementation of permanent deactivation, then;

a. The Provider will delete the User's account permanently;

b. The User cannot re-register the information that has been registered in the User's account which has previously been permanently deactivated, which consists of, but is not limited to: - Email address;     - Credit card;     - Company name;     - User's Account Name;     - Taxpayer Identification Number (NPWP); and                   - Telephone number

c. The User will not make a lawsuit, claim or request for compensation in any form to the Provider for any losses suffered by the User as a result of the temporary deactivation or permanent deactivation made by the Provider based on the terms agreed in the Agreement.

d. Deactivation carried out by the Provider towards the User as referred to in this provision does not eliminate the fulfillment of the User's obligations as stipulated in the Agreement and its Attachments for the use of the Service.

2.11 Use of the Nodeflux Services ​. Subject to compliance with these Terms of Service, Nodeflux grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to access and use the Services for your internal business purposes. Unless otherwise specified by Nodeflux in a separate license, your right to use the Services is subject to the Terms.

Updates ​. You understand that the Services are evolving. You acknowledge and agree that Nodeflux may updat the Services with or without notifying you. You may need to update third-party software and/or hardware from time to time in order to use the Services.

Free Trials and Other Promotions ​. Any free trial or other promotion that provides you with free access must be used within the specified time of the trial. At the end of the trial period, your free trial will expire and any further use of services is prohibited unless you pay the applicable fees or top-up your balance.

3. General Terms

3.1 These terms constitute the entire and exclusive agreement between Nodeflux and you with respect to the Services which consequently supersede and replace any other agreements, terms and conditions applicable to the Services unless agreed otherwise by Nodeflux and you and such consent shall be made in written document(s) and signed by both parties. Your purchase orders to Nodeflux shall be for the sole purpose of specifying the commercial services that you wish to purchase. Any other terms stated in any purchase order delivered to Nodeflux by you, other than pursuant to an Order Form supplied by Nodeflux, shall have no effect. These Terms create no third party beneficiary rights. Nodeflux’s failure to enforce a provision is not a waiver of its right to do so later. If one or more provisions are found unenforceable, then the remaining provisions of the Agreement will remain in full effect and such enforceable term(s) will be substituted accordingly reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Nodeflux may assign its rights to any of its affiliates or subsidiaries, or to any successor(s) with interest of any business associated with the Services. You and Nodeflux are not legal partners or agents. Nodeflux will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond Nodeflux’s reasonable control.

3.2 Legal Use of Nodeflux Service ​. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the collection, use, and storage of the data that you submit to us or when using the Services. By subscribing to the Services, you represent that the Services will be used only in a lawful manner. If the Services cannot be used lawfully in your jurisdiction (including cases where the Services process, transmit, or retain data that would violate local laws), you must discontinue use of the Services immediately. Nodeflux is not liable for your use of Nodeflux Services technology in an unlawful manner.

3.3 Nodeflux May Modify These Terms. ​ Nodeflux may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, Nodeflux will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Services on the Site. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the Services and, for all other users, any changes to the Terms will be effective in fourteen (14)days after posting notice of such changes on the Site, or within or through the affected Services on the Site, as applicable. If we determine in our sole discretion that an update is material, we will notify you through the Services and/or by email to the email address associated with the Administrator (defined below) for your account. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services will be deemed as your acceptance of such change(s). Please check the Site regularly to view our then-current Terms ​.

3.4 Certain Restrictions ​. The rights granted to you in the Terms are subject to the following restrictions: You may not (i) copy, reproduce, modify, host, sublicense or resell the Services; (ii) frame or utilize framing techniques to enclose any trademark, logo, or other Nodeflux Services (including images, text, page layout or form) of Nodeflux; (iii) use metatags or other “hidden text” using Nodeflux’s name or trademarks or the name or trademarks of Nodeflux’s affiliates (including but not limited to Rekor); (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (vi) access the Services in order to build a similar or competitive website, application or services; (vii) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (viii) access or attempt the access the Services by any means other than what Nodeflux provides or expressly allows; (ix) modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Nodeflux, or any other Nodeflux service; (x) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission by Nodeflux; (xi) transmit any worms or viruses or any code of a destructive nature; or circumvent any use restrictions put into place to prevent certain uses of the Services; (xii) violate any intellectual property right of any third party or behave in a manner that is unlawful, or otherwise in violation of our Community Guidelines; (xiii) misrepresent your affiliation with a person or entity; (xiv) attempt to disable, impair, or destroy the Services or disrupt or inhibit any other user from using the Services; (xv) market or advertise through the Services; (xvi) use any data mining or similar data gathering and extraction methods in connection with the Services; or (xvii) use the Services to violate any applicable law.

3.5 Privacy ​. The ​ Nodeflux Privacy Policy ​governs any of the personal information that you provide to us and is incorporated herein by reference. By agreeing to these Terms, you are agreeing to the Nodeflux Privacy Policy and all of the terms stated therein.

3.6 Data Right ​. The ​ Nodeflux Data Right ​governs any of the rights that you obtain while using the Services and is incorporated herein by reference. By agreeing to these Terms, you are agreeing to the Nodeflux Data Right and all of the terms stated therein.

3.7 Cookie ​. The ​ Nodeflux Cookie Policy contains terms and information related to the use of cookies when using the Services and is incorporated herein by reference. By agreeing to these Terms, you are agreeing to the Nodeflux Cookie Policy and all of the terms stated therein.

3.8 Your Data ​. Use of the Services may depend on your transmission of certain data (in conjunction with Registration Data, but excluding the data generated from Face Recognition, Face Match, Face Identification and Liveness Detection Data, your “​ Data ​”). ​ Except as may be stated to the contrary in the Nodeflux Privacy Policy, you retain all the rights and ownership in your Data ​, and we do not claim any ownership rights in your Data. You represent and warrant that you have the necessary rights and licenses required to provide your Data to Nodeflux in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of any third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law (including but not limited to data privacy rules established by the European General Data Protection Regulation), rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Nodeflux and/or you. You shall be solely responsible for ensuring that any processing of Data by Nodeflux and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) personal identification number in any unlawful manner; (ii) financial account information, including bank account numbers in any unlawful manner; (iii) payment card data, including credit card or debit card numbers in any unlawful manner; (iv) “sensitive” or "personal" data in any unlawful manner; or (v) restrictions as regulated by applicable law in Indonesia and/or in your country.

● User Option to Encrypt. Nodeflux provides you with the option to encrypt the transmission of your Data. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide not to utilize encryption and transmit your Data unencrypted over a network, you assume all related risks for doing so. Nodeflux will not be liable for any liabilities arising from your use of the Services (including your transmission of Data) over the internet or other network.

3.9 API Response Data ​. The data you obtain from using the Services is the Application Programming Interface Response Data (“​ API Response Data ​”), depending on and/or related to the kind of service you use or requested. You acknowledge and agree that Nodeflux may use the API Response Data for its own purposes which Nodeflux shall determine in its sole discretion, including but not limited to sharing the API Response Data with law enforcement agencies, sharing the API Response Data with the Rekor Public Safety Network (“RPSN”), training of Nodeflux’s artificial intelligence (“AI”) systems, and Nodeflux’s general statistical use. If you are not a certified law enforcement agency, you agree and acknowledge that Nodeflux holds all right, title and interest, including all ownership interest jointly with you, in the API Response Data. You shall take such further actions, including execution of documents, as reasonably requested by Nodeflux, and at Nodeflux’s expense, to effectuate the purpose and intent of these Terms with respect to the rights, ownership, and interests of API Response Data provided in this Section, including, but not limited to, cooperation with Nodeflux to establish or evidence Nodeflux’s rights, ownership, and interests hereunder.

3.10 Nodeflux Stores Your Data in the Republic of Indonesia ​. Nodeflux provides the Services from Republic Indonesia. By using and accessing the Services, you understand and agree that Nodeflux will store and process your Data and any other information you choose to provide in the region of Republic of Indonesia. Nodeflux reserves the right to store and process your Data and any other information you choose to provide outside of the Republic Indonesia and will endeavor to give you notice in the event of such a change.

3.11 Nodeflux Proprietary Rights ​. Except with respect to your Data and your User Content (defined below), you agree that Nodeflux and our suppliers own all rights, title and interest in the Services. The Services and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both Republic Indonesia and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. These terms do not grant you any right, title, or interest in any of the Services or any Content other than your Data and your User Content. These Terms do not grant you any rights to use the Nodeflux trademarks, logos, domain names, or other brand features or the trademarks, logos, domain names, or other brand features of Nodeflux’s affiliates (including but not limited to Rekor).

3.12 Unauthorized Use & Access ​. You will prevent unauthorized use of the Services and terminate any unauthorized use of or access to the Services immediately. You will promptly notify Nodeflux of any unauthorized use of or access to the Services.

3.13 Your Feedback ​. We appreciate your ideas, comments, suggestions, documents and/or proposals (“​ Feedback ​”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant Nodeflux a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.

3.14 Technical Support ​. Technical support is only provided to users of commercial services based on your specific purchased Services. If you are using the Services via a Free account, Nodeflux provides access to Nodeflux’s services documentation.

4. Indemnification

You agree to indemnify and hold Nodeflux, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by Nodeflux and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Services, your violation of these terms, or your violation of any law.

5. The Service is Available “AS-IS” AND WITHOUT WARRANTY

NODEFLUX PROVIDES ITS SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE NODEFLUX SERVICES IS AT YOUR OWN RISK. NODEFLUX PROVIDES THE NODEFLUX SERVICES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Nodeflux makes no warranty or condition that the Nodeflux Properties will meet your requirements or be uninterrupted, timely, secure or error-free. Nodeflux makes no warranty or condition that results obtained from your use of the Services will be accurate or reliable or that any errors in the Services will be corrected. Nodeflux will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. No advice or information, whether oral or written, obtained by you in connection with your use of the Services shall create any warranty not expressly stated in these Terms. FROM TIME TO TIME, NODEFLUX MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES AND TOOLS. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

6. Nodeflux’s Limitation of Liability

6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NODEFLUX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NODEFLUX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NODEFLUX’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE SITE, THE AGENTS AND THE FORUMS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR 10% OF THE AMOUNTS YOU PAID TO NODEFLUX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NODEFLUX AND YOU. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

6.2 Third Party Technology ​. The Services may contain links to third party websites or technology (for example, we may host a library of plugins created by entities other than Nodeflux) (“Third Party Technology”). Nodeflux does not endorse and is not responsible or liable for the products or services provided by such third parties. Nodeflux is not responsible for the operation or functionality of such Third Party Technology. You are solely responsible for your use of any Third Party Technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply. ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF NODEFLUX’S PROPERTIES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY TECHNOLOGY.

6.3 The user fully understands that Nodeflux will only be responsible for the performance of Nodeflux’s Product and/or Services (not including for any provision or maintenance of supporting devices including but not limited to mobile devices , servers , GPUs, applications, dashboards , image or video capture devices. as well as network).

6.4 All forms of events that allow damage or disruption to the performance of the Service that are not the result of negligence and / or fault of the User, then this will remain the responsibility of Nodeflux to repair and make efforts to restore the Services.

6.5 All forms of events that allow disruption, damage or disruption to the performance of the Service which is not the result of negligence and / or fault by Nodeflux, including but not limited to where the User does not comply with the provisions in Nodeflux’s Service Documentation Guideline, then this It will be the User's responsibility (for example, including but not limited to: delays and / or errors during the installation implementation stage, a short circuit occurs, the use of Supporting Devices outside of recommendations, information delivery errors, and so forth).

7. Use of Confidential Information

7.1 Confidential Information ​. Confidential Information is any and all confidential and / or proprietary information including but not limited to documents, tax plans, amounts and terms, the identity of each Cooperation participant and all terms and conditions for participation, including all financial information including reports and plans, business and plans regarding matters such as: (a) shareholder information; (b) User and supplier information; (c ) sales statistics; (d) market knowledge; (e) operational methods; (f) corporate records; and (g) analysis reports and projections, lists of material requirements, technical drawings, schemes, samples, work / test instructions, products, services, sales, performance, plans, strategies, User, financial or human resources, processes, prices, capital. business, management, contracts, project documentation, software, hardware, technical data, technical skills, ideas and inventions (whether patentable or not), schemes; trade secrets; technology; business strategy, other confidential commercial information provided from time to time by the Disclosing Party to the Receiving Party and its affiliates, or regarding activities generally disclosed by the Disclosing Party, in any way, whether orally, visually or in a tangible form (including , without limitation, printed documents , computer-readable devices and media) and all copies thereof, with or without:     

  • Marked by the Disclosing Party as "Confidential", "Ownership", or its equivalent, or;

  • Which the Disclosing Party identifies as confidential information at the time of disclosure and summarized in writing by the Disclosing Party which is duly marked as "Confidential", "Proprietary", or equivalent; and / or

  • Which should be considered a secret or possession by virtue of its nature or based on the circumstances surrounding its creation or disclosure.

7.2 Disclosing parties is the party who disclose Confidential Information.

7.3 The Receiving Party is the party who receiving Confidential Information 

7.4 The Receiving Party hereby promises the Disclosing Party to fulfill the following:

a. protect and maintain and guarantee the confidentiality of Confidential Information received from the Disclosing Party, and will not disclose it to any party;

b. take the necessary measures to safeguard Confidential Information as if it were confidential information or documents that were his own;

c. not publish or disclose Confidential Information to other third parties, except for things that are absolutely necessary for the implementation of the Cooperation by giving prior notification to the Disclosing Party; and

d. not use Confidential Information for any other purpose than for the implementation of Cooperation.

7.5 The Receiving Party may disclose Confidential Information to employees, representatives, agents, advisors (including legal, financial or other advisors) (" ​ Informed Parties  ​") who need to know the Confidential Information solely for the purpose of carrying out the Cooperation. However, each such Informed Party must have a confidentiality agreement in written form with the Receiving Party with provisions equivalent to the confidentiality agreement made by the Parties, so that it requires them to maintain the confidentiality of any Confidential Information obtained from the Disclosing Party.

7.6 There is no permission made by each Party to the other Party, either directly or indirectly and whether express or implied, to use any Confidential Information obtained from the Disclosing Party, other than those specified and agreed in this Agreement.

7.7 Each Party acknowledges and agrees that either part or all of the Confidential Information obtained by the Receiving Party from the Disclosing Party is not allowed to be traded, developed or exploited either in any form or by any means without exception.     

7.8 After the termination of this Agreement, the Party Receiving Confidential Information will:     

a. stop using Confidential Information received from other Parties;    b. return all Confidential Information documentation in any form to the Disclosing Party or destroy any documentation and other document material that contains elements or reflects any such Confidential Information, as well as any printed or electronic copies, which are under the control or control of the Receiving Party or the Informed Party; and

c. delete all Confidential Information from computers, data processors or similar devices which have been programmed by the Receiving Party or related parties.    

7.9 Any information that is not Confidential Information includes, among others, the following:     

a. Information that is already known to the public at the time it is disclosed to other Parties;   

b. Information which is known to the public domain (other than the result of a breach of this Terms);   

c. Information that is owned by the Receiving Party and can be used freely before being received from the Disclosing Party;

d. Information made available to or becomes publicly available through no fault of either Party;  

e. Information already known to the Receiving Party at the time of disclosure;   

f. Information known to a Party, without disclosing Confidential Information from the Disclosing Party;    

g. Information that has been approved in writing by the Disclosing Party to be disseminated; or   

h. Information provided to third parties by the Disclosing Party without similar restrictions on the rights of third parties; or 7.10In the event that the Confidential Information must be disclosed by court order, court order or decision of the court or the authorities or based on the applicable laws and regulations, the Receiving Party must immediately notify the Disclosing Party in writing of the disclosure order and take the best steps and efforts. to minimize disclosure of the Confidential Information.

8. Electronic Communications

The communications between you and Nodeflux use electronic means, whether you visit the Services or send us e-mails, or whether we post notices on the Services or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.

9. Notice

Where Nodeflux requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following:

Address :​ PT Nodeflux Teknologi Indonesia​, Jl. Kemang Timur No.24, RT.7/RW.4, Bangka, Mampang Prpt., Jakarta Selatan, 12730.
Email   : ​business@nodeflux.io
Phone   : (021) 22718184

Commercial
Email   : safira@nodeflux.io
UP      : Safira Raedianty
Position: Business Advocate

Technical
Email   : ekki@nodeflux.io
UP      : Ekki Rinaldi
Position: Product Manager

Finance
Email   : benyamin@nodeflux.io ​
UP      : Benyamin Lukito
Position: Finance Manager

Such notice shall be deemed given when received by Nodeflux by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

10. Termination

We ​reserve the right to suspend or cease providing the Services or any portion of the Services, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the Services if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance. If you want to terminate the Services at any time, you may do so by (a) notifying Nodeflux ​through a written notification, not later than  30  (thirty) calendar days prior to the desired effective date of termination, in which the contents of the notification letter contain the intent, purpose and reasons related to the termination and (b) closing your account for the Services that you use. Your written notice should be sent to Nodeflux’s address set forth in the Notice section below or to: ​hi@nodeflux.io​.

11. Effect of Termination

11.1 Termination ​ of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Services, your right to use such Services will automatically terminate immediately. You understand that any termination of the Services may involve deletion of your Data associated therewith from our live databases. Nodeflux will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of the Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.

11.2 The termination of the Agreement and / or the Attachment to this Agreement does not eliminate the rights and / or obligations of one of the Parties to the other Party to demand, receive or provide compensation or take any legal action from one of the Parties to the other Party based on the violation of the contents of the Agreement and / or the Attachments to this Agreement

12. Dispute Resolution

12.1 For all forms and types of disputes or ​controversies that may arise in the future between you and Nodeflux, will be resolved by deliberation. to reach consensus among the Parties. 12.2 The ​implementation of deliberation between you and Nodeflux must be carried out at least  3  (three) times in order to resolve problems that occur. 12.3 If the deliberations carried out between you and Nodeflux do not produce a conciliatory result, the settlement of any dispute between you and Nodeflux will be resolved at the South Jakarta District Court. ​This is intended to be a mandatory, and not a permissive, forum selection provision.

13. Governing Law and Venue

The Terms and any action(s) related thereto will be governed and interpreted by and under the law of the Republic of Indonesia, without giving effect to any parties which intend to implement any law from different jurisdiction(s).

Nodeflux respects the intellectual property rights of others and we expect our users to do the same. If you believe that your work has been infringed in connection with the Services or access to your content was disabled or removed by Nodeflux as a result of an improper copyright infringement notice, please notify us via ​hi@nodeflux.io​.