Public offer

GENERAL

These Terms apply to users of the NovaLink Platform (“NovaLink Platform”) and NovaLink Services (“NovaLink Services”) which are provided to you by Novalink Evolution Limited, a company organized and existing under the laws of HongKong, with registered address at FLAT/RM A 12/F ZJ 300 300, LOCKHART RD WAN CHAI, HONG KONG, hereinafter referred to as “NovaLink”.

NOVALINK is affiliated to SO-FIT as a financial intermediary within the meaning of article 2 para. 3 of the Anti-Money Laundering Act (AMLA). SO-IT is a self-regulatory organization recognized by the Hong Kong Federal Financial Markets Supervisory Authority (HINMA).

ELIGIBILITY

By using the NovaLink Platform and NovaLink Services, you represent and warrant that you:

are at least Minimum Age and have capacity to form a binding contract;

have not previously been suspended or removed from the NovaLink Platform;

have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;

are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with NovaLink, through your use of NovaLink Platform or use of NovaLink Services;

will not use NovaLink Platform or NovaLink Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

NovaLink reserve the right to terminate your access to the NovaLink Platform and RESEARCH COLLISION Services for any reason and in NovaLink sole and absolute discretion. Use of NovaLink Platform and RESEARCH COLLISION Services is void where prohibited by applicable law.

Depending on your country of residence or incorporation or registered office, you may not be able to use all the functions of the NovaLink Platform or all of NovaLink Services provided therein. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access the NovaLink Platform.

DEFINITIONS

NovaLink Platform means a website located at the following web address: www.Nova-Link.store.

NovaLink Services mean all services provided by NovaLink, namely the provision of the NovaLink Platform, Hashing power use, NovaLink API, NovaLink OS, NovaLink RESEARCH COLLISION Software including licence for NovaLink RESEARCH COLLISION and NovaLink Strength of encryption keys, NovaLink Private Endpoint, NovaLink Account and all other software products, applications and services associated with these products.

Hashing power research means an infrastructure provided by NovaLink which enables the Hashing power providers to point their rigs towards NovaLink stratum servers where Hashing power use for finding Hash collision.

Hashing power provider means a legal entity who transfer his hashing power on the research for find collision to undefined user.

NovaLink RESEARCH COLLISION Software means NovaLink RESEARCH, NovaLink OS, NovaLink and any other software available via the NovaLink Platform, except for Third Party Plugins.

NovaLink RESEARCH means a comprehensive software with graphical user interface and web interface. NovaLink OS is a comprehensive software with a graphical user interface and web interface. NovaLink RESEARCH COLLISION is a process manager software which enables the Hashing power providers to point their rigs towards NovaLink stratum servers. NovaLink RESEARCH also means any and all of its source code, compilations, updates, upgrades, modifications, error corrections, patches and bug fixes and similar. NovaLink RESEARCH does not mean third party software compatible with NovaLink RESEARCH COLLISION (Third Party Plugins).

Hashing power rig means all hardware which produces hashing power that represents computation power which is required to calculate the hash function of different types of Digital Assets.

Stratum TLC is a lightweight protocol using fo transfer data of RESEARCH COLLISION.

NovaLink Easy RESEARCH COLLISION Method means a software interface which enables solo RESEARCH COLLISION operations.

NovaLink Team RESEARCH COLLISION Package means a collective hashing power order placed by several users.

NovaLink Account means an online account available on the NovaLink Platform and created by completing the registration procedure on the NovaLink Platform.

Account holder means an legal entity who completes the registration procedure and successfully creates the NovaLink Account.

Minimum Age means 18 years old or older, if in order for NovaLink to lawfully provide the Niche Has Services (including using your personal data).

Business Order means an order, created with predefined parameters.

Force Majeure Event means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers unrelated to you or NovaLink. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors.

A digital asset means any value-holding digital entity.

MAIN RISK DISCLOSURE

If you choose to use NovaLink Platform, NovaLink Services and NovaLink Research Collision, it is important that you remain aware of the risks involved, that you have adequate technical resources and knowledge to bear such risks and that you monitor your activity.

General risk

You understand that NovaLink Platform and NovaLink Services other associated and related technologies are new and untested and outside of your control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that NovaLink cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of NovaLink’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with NovaLink’s expectations, (ii) it would be unjust to enforce NovaLink’s obligations in the general opinion or (iii) NovaLink’s obligation becomes impossible.

NovaLink Account abuse

You acknowledge that there is risk associated with the NovaLink Account abuse and that you have been fully informed and warned about it. The informations stored in the NovaLink Cloud may be disposed by third party in case the third party obtains the Account holder’s login credentials. The Account holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorized access.

Regulatory risks

You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of research collision technology which may also result in restriction, limitation or prohibition of NovaLink Services and/or in accessing NovaLink Platform and that you have been fully informed and warned about it.

Risk of hacking

You acknowledge that there is risk associated with hacking NovaLink Services, NovaLink Platform and NovaLink Cloud and that you have been fully informed and warned about it. Hacker or other groups, agencies or organizations may attempt to interfere with NovaLink Services, NovaLink Platform, NovaLink RESEARCH COLLISION Software or NovaLink Cloud in any way, including, but not limited to and without limitation, denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks or consensus-based attacks.

Digital Assets risk

You acknowledge that there is risk associated with the Bitcoin that is used as payment means and that you have been fully informed and warned about it. Digital Assets are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.

NovaLink Cloud risk

You acknowledge that there is risk associated with information held on the NovaLink Cloud and that you have been fully informed and warned about it. You acknowledge and agree that NovaLink shall not be responsible for any NovaLink Cloud provider’s services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. NovaLink does not assume and shall not have any liability or responsibility to you or any other person or entity for any NovaLink Cloud provider’s services. Since the NovaLink Cloud is a Digital Cloud all data held on it are entirely.

Connection risk

You acknowledge that there are risks associated with usage of NovaLink Services which are provided through the internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. You acknowledge that NovaLink will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using NovaLink Services, however caused.

WARRANTIES

NovaLink Platform and NovaLink Services are provided on the “AS IS” and “AS AVAILABLE” basis, including all faults and defects. To the maximum extent permitted by applicable law, NovaLink makes no representations and warranties and you waive all warranties of any kind. Particularly, without limiting the generality of the foregoing, NovaLink makes no representations and warranties, whether express, implied, statutory or otherwise regarding NovaLink Platform and NovaLink Services or other services related to NovaLink Platform and provided by third parties, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error free or that any errors or defects can or will be corrected. Additionally, NovaLink makes no representations and warranties, whether express, implied, statutory or otherwise of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose or quality, title and non-infringement with respect to any of the NovaLink Services or other services related to NovaLink Platform and provided by third parties, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance usage of NovaLink Platform and NovaLink Services including information, content and material contained therein.

You acknowledge that you do not rely on and have not been induced to accept the NovaLink Platform and NovaLink Services according to these Terms on the basis of any warranties, representations, covenants, undertakings or any other statement whatsoever, other than expressly set out in these Terms that neither NovaLink nor any of its respective agents, officers, employees or advisers have given any such warranties, representations, covenants, undertakings or other statements.

LIABILITY

NovaLink and their respective officers, employees, representatives or agents or its affiliates will not be liable to you or anyone else, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of NovaLink Platform, NovaLink Services or NovaLink Cloud), even if NovaLink has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of NovaLink Platform, NovaLink Services and NovaLink Cloud or other related websites or services.

NovaLink or its affiliates will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the NovaLink Platform, NovaLink RESEARCH COLLISION Services or NovaLink Cloud, including without limitation as a result of any termination or suspension of the NovaLink Platform or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute goods or services, (iii) any of your investments, expenditures, or commitments in connection with these Terms or your use of or access to the NovaLink Platform, Nice Hash RESEARCH COLLISION Services and NovaLink Cloud, (iv) your reliance on any information obtained from NovaLink, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with NovaLink Platform and NovaLink Services or NovaLink Cloud.

NovaLink’s aggregate liability (including NovaLink’s officers, representatives, employees, affiliates and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of NovaLink Platform, NovaLink Services and NovaLink Cloud, or inability to use them under these Terms or under any other document or agreement executed and delivered in connection herewith or contemplated hereby, shall in any event not exceed 100 USD per Account holder.

You will defend, indemnify, and hold NovaLink or its affiliates harmless and all respective employees, officers, representatives and agents from and against any claims, demand, action, damages, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to (i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, NovaLink Platform NovaLink Services and NovaLink Cloud, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. If you are obligated to indemnify NovaLink, NovaLink will have the right, in its sole discretion, to control any action or proceeding (at NovaLink’s expense) and determine whether NovaLink wish to settle it. If NovaLink is obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse NovaLink for reasonable attorney fees, as well as NovaLink’s employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.

The NovaLink Services and the information, products, and services included in or available through the NovaLink Platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Improvements or changes on the NovaLink Platform can be made at any time.

NOVALINK ACCOUNT

The registration of the NovaLink Account is made through the NovaLink Platform, where you are required to enter your email address and password in the registration form. After successful completion of registration, the confirmation email is sent to you. After you confirm your registration by clicking on the link in the confirmation email the NovaLink Account is created. NovaLink will send you proof of completed registration once the process is completed.

When you create NovaLink Account, you agree to (i) create a strong password that you change frequently and do not use for any other website, (ii) implement reasonable and appropriate measures designed to secure access to any device which has access to your email address associated with your NovaLink Account and your username and password for your NovaLink Account, (iii) maintain the security of your NovaLink Account by protecting your password and by restricting access to your NovaLink Account; (iv) promptly notify NovaLink if you discover or otherwise suspect any security breaches related to your NovaLink Account so NovaLink can take all required and possible measures to secure your NovaLink Account and (v) take responsibility for all activities that occur under your NovaLink Account and accept all risks of any authorized or unauthorized access to your NovaLink Account, to the maximum extent permitted by law.

Losing access to your email, registered at NovaLink Platform, may also mean losing access to your NovaLink Account. You may not be able to use the NovaLink Platform, NovaLink Services or NovaLink Cloud, execute withdrawals and other security sensitive operations until you regain access to your email address, registered at NovaLink Platform. If you wish to change the email address linked to your NovaLink Account, NovaLink may ask you to complete an additional KYC procedure for security purposes. This step serves solely for the purpose of identification in the process of regaining access to your NovaLink Account.

Before you will be able to use any of the NovaLink Services, you will need to succesfully complete a KYC procedure, in case you are onboarding a legal entity also the KYB procedure as prescribed by law and deemed necessary by NovaLink. An unsuccessful KYC will lead to account termination.

Once the NovaLink Account is created and the KYC/KYB procedure is successfully completed, you will be granted use of the collective NovaLink Cloud through the NovaLink Account.

IMPORTANT NOTICE! THE NOVALINK CLOUD IS INTENDED FOR NOVALINK SERVICES RELATED USE ONLY. YOU SHALL NOT USE NOVALINK CLOUD FOR THE STORAGE OF YOUR DIGITAL DATA ONLY. IN CASE OF LONGER INACTIVITY/NOT USING OTHER NOVALINK SERVICES, NOVALINK MAY APPLY AN INACTIVITY FEE AND/OR CLOSE THE ACCOUNT.

Account holder’s Individual NovaLink Cloud is generated by the NovaLink Cloud provider and accessible through the NovaLink account. Account holder is strongly suggested to enhance the security of his NovaLink Account by adding an additional security step of Two-factor authentication (hereinafter “2FA”) when logging into his account, withdrawing funds from his NovaLink Cloud. Account holder can enable this security feature in the settings of his/her NovaLink Account. In the event of losing or changing 2FA code, NovaLink may ask the Account holder to complete an additional KYC procedure for security reasons. This step serves solely for the purpose of identification in the process of reactivating Account holders 2FA. NovaLink may at its disposal mandate this feature for certain or all services.

You have the right to use the NovaLink Account only in compliance with these Terms and other commercial terms and principles published on the NovaLink Platform. In particular, you must observe all regulations aimed at ensuring the security data use.

You have the right to close the NovaLink Account. You can read more about closing the NovaLink Account in NovaLink’s Privacy Policy. Your NovaLink Account may be closed by NovaLink due to your inactivity. Your NovaLink Account may be locked and a mandatory KYC procedure is applied for security reasons.

All information pertaining to registration, including a registration form, detailed instructions on the use of the NovaLink Account and NovaLink Cloud are available at NovaLink Platform.

KYC PROCEDURE

The KYC procedure is mandatory for absolutely all users of the service

Transfer Hashing Power and the Provision of Hashing Power

In order to submit the hashing power to the NovaLink stratum server the Hashing power provider must first point its Hashing power rig to the NovaLink stratum server. Hashing power provider is solely responsible for configuration of his/her/its Hashing power right.

The provided hashing power is validated by NovaLink’s stratum engine and validator. Once the hashing power is validated the Hashing power provider is entitled to receive the research data. NovaLink logs all validated hashing power which was submitted by the Hashing power provider.

Hashing power provider may disconnect the Hashing power rig from the NovaLink stratum server at any time. NovaLink reserves the right to refuse any Hashing power rig once the Hashing power rig has been pointed towards NovaLink stratum server.

RESTRICTIONS

When accessing the NovaLink Platform or using the RESEARCH COLLISION Services or NovaLink Cloud, you warrant and agree that you:

will not use the Services for any purpose that is unlawful or prohibited by these Terms,

will not violate any law, contract, intellectual property or other third-party right or commit a tort,

are solely responsible for your conduct while accessing the NovaLink Platform or using the RESEARCH COLLISION Services or NovaLink Cloud,

will not access the NovaLink Platform or use the RESEARCH COLLISION Services in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party's use and enjoyment of the Services,

will not misuse and/or maliciously use Hashing power rigs, you will particularly refrain from using network botnets or using NovaLink Platform or NovaLink Services with Hashing power rigs without the knowledge or awareness of Hashing power rig owner(s),

In case of any of the above mentioned events, NovaLink reserves the right to immediately suspend or terminate your NovaLink Account.

RIGHTS AND OBLIGATIONS

You will have the possibility to check at any time, subject to technical availability, the transactions details, statistics and available balance of the funds held on the NovaLink Cloud, through access to the NovaLink Account.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or public through the NovaLink Platform or NovaLink Services.

NovaLink may, in its sole discretion, at any time, for any or no reason and without liability to you, with prior notice (i) terminate all rights and obligations between you and NovaLink derived from these Terms, (ii) suspend your access to all or a portion of NovaLink Services, NovaLink Cloud and its related services or any portion thereof and delete or deactivate your NovaLink Account and all related information and files in such account (iii) modify, suspend or discontinue, temporarily or permanently, any portion of NovaLink Platform or (iv) provide enhancements or improvements to the features and functionality of the NovaLink Platform, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portions, features or functionalities of the NovaLink Services. You agree that NovaLink has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular portion, features or functionalities of the NovaLink Services, NovaLink Platform or NovaLink Cloud to you. You further agree that all changes will be (i) deemed to constitute an integral part of the NovaLink Platform, NovaLink Services, or NovaLink Cloud and (ii) subject to these Terms.

In the event of your breach of these Terms, including but not limited to, for instance, in the event that you breach any term of these Terms and know your client regulation and procedures, or any other relevant applicable regulation, all right and obligations between you and NovaLink derived from these NovaLink reserves the right to keep these rights and obligations in force despite your breach of these Terms.

Technical information about the hashing power transfer, including information about chosen server locations, algorithms used, your business or activities, including all financial and technical information, specifications, technology together with all details of prices and future business strategy represent confidential information and trade secrets. NovaLink shall, preserve the confidentiality of all before mentioned information and shall not disclose or cause or permit to be disclosed without your permission any of these information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an legal requirement on you or NovaLink to do so; or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. NovaLink shall not be entitled to make use of any of these confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations pursuant to these Terms or defend its own rights.

NOVALINK RESEARCH COLLISION SOFTWARE LICENSE

NovaLink RESEARCH COLLISION Software whether on disk, in read only memory, or any other media or in any other form is licensed, not sold, to you by NovaLink for use only under these Terms. NovaLink retains all the rights to the NovaLink RESEARCH COLLISION Software itself and reserves all rights not expressly granted to you.

Subject to these Terms, you are granted a limited, non-transferable, non-exclusive and a revocable license to download, install and use the NovaLink RESEARCH COLLISION Software. You may not distribute or make the NovaLink RESEARCH COLLISION Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, assign, sublicense host, outsource, disclose or otherwise commercially exploit the NovaLink RESEARCH COLLISION Software or make it available to any third party.

There is no license fee for the NovaLink RESEARCH COLLISION Software. NovaLink reserves the right to change the license fee policy according to the provisions to change these Terms any time and for any reason, including to decide to start charging the license fee for the NovaLink RESEARCH COLLISION Software. You are responsible for any and all applicable taxes.

You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the NovaLink RESEARCH COLLISION Software or any services provided by the NovaLink RESEARCH COLLISION Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the NovaLink RESEARCH COLLISION Software).

If you choose to allow automatic updates, your device will periodically check with NovaLink for updates and upgrades to the NovaLink RESEARCH COLLISION Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic updates altogether at any time by changing the automatic updates settings found within the NovaLink RESEARCH COLLISION Software.

You agree that NovaLink as well as any affiliated entity or third-party providers providing services in the context of the NovaLink Platform, NovaLink Services and NovaLink Cloud (“Third-party providers”) may collect and use technical and related information, including but not limited to technical information about your hash power, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the NovaLink RESEARCH COLLISION Software and to verify compliance with these Terms. NovaLink may use this information, as long as it is in a form that does not personally identify you, to improve NovaLink Platform, NovaLink Services and NovaLink Cloud.

NovaLink RESEARCH COLLISION Software contains features that rely upon information about your selected RESEARCH COLLISION method. You agree to the transmission, collection, maintenance, processing, and use of all information obtained from you about your selected RESEARCH COLLISION method. You can opt out at any time by going to settings in the NovaLink RESEARCH COLLISION Software.

NovaLink RESEARCH COLLISION Software license is effective until terminated. All provisions of these Terms regarding the termination apply also for the NovaLink RESEARCH COLLISION Software license. Upon the termination of NovaLink RESEARCH COLLISION Software license, you shall cease all use of the NovaLink RESEARCH COLLISION Software and destroy or delete all copies, full or partial, of the NovaLink RESEARCH COLLISION Software.

THIRD PARTY RESEARCH AND PLUGINS

Third Party Research and Plugins are a third party software which enables the best and most efficient RESEARCH COLLISION operations. NovaLink integrates third party RESEARCH COLLISION software using a third party plugin system. Third Party RESEARCH COLLISION Software is a closed source software which supports RESEARCH COLLISION algorithms and can be integrated into NovaLink RESEARCH COLLISION Software. Third Party Research Plugin enables the connection between NovaLink RESEARCH COLLISION Software and Third Party RESEARCH COLLISION Software and it can be closed, as well as open sourced.

In case the Third Party RESEARCH COLLISION Software is close-sourced and the software source cannot be inspected, NovaLink diligently implements Third Party RESEARCH COLLISION Software Guidelines accessible at NovaLink Platform website in order to increase security with regards to the NovaLink Research integration.

NovaLink RESEARCH COLLISION Software user interface enables the user to manually select which available Third Party Research and Plugins will be downloaded and integrated. Users can select or deselect Third Party Research and Plugins found in the Plugin Manager window. Some of the available Third Party Research and Plugins which are most common are preselected by NovaLink, but can be deselected, depending on users' needs. The details of the Third Party Research and Plugins available for NovaLink RESEARCH COLLISION Software are accessible within the NovaLink RESEARCH COLLISION Software in your personal account.

NovaLink will not be liable, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages, arising out of using Third Party Research and Plugins. The latter includes, but is not limited to: i) any power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance; ii) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with usage of Third Party Research and Plugins and ii) Force Majeure Event, communications failure, theft or other interruptions.

If you choose to allow automatic updates, your device will periodically check with NovaLink for updates and upgrades to the installed Third Party Research and Plugins, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic updates altogether at any time by changing the automatic updates settings found within the NovaLink RESEARCH COLLISION Software.

NOVALINK PRIVATE ENDPOINT

NovaLink Private Endpoint is a network interface that connects users privately and securely to NovaLink Stratum servers. Private Endpoint uses a private IP address and avoids additional latency caused by DDOS protection. All NovaLink Private RESEARCH COLLISION Proxy servers are managed by NovaLink and kept up-to-date.

Account holders can request a dedicated private access endpoint by filling in the form for NovaLink Private Endpoint Solution available on NovaLink Platform. In the form the Account holder specifies the email address, country, number of connections and locations and algorithms used.

NovaLink may request additional information from the Account holder of the Private Endpoint Solution.

INTELLECTUAL PROPERTY

NovaLink retains all copyright and other intellectual property rights, including inventions, discoveries, knowhow, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on NovaLink Platform or provided in connection with NovaLink Services, including, without limitation, the NovaLink logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. This material is protected by international copyright laws and other intellectual property right laws, namely trademark. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights, unless it is explicitly defined so in these Terms.

NovaLink hereby grants you a limited, non-exclusive and non-sublicensable license to access and use NovaLink’s copyrighted work and other intellectual property for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, the distribution, public performance or public display, modifying or otherwise making any derivative uses, use, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the copyrighted work and other intellectual property other than for their intended purposes. This granted license will automatically terminate if NovaLink suspends or terminates your access to NovaLink Platform, NovaLink Services, NovaLink Cloud or closes your NovaLink Account.

NovaLink will own exclusive rights, including all intellectual property rights, to any feedback including, but not limited to, suggestions, ideas or other information or materials regarding, NovaLink Platform, NovaLink Services or NiceHas Cloud or related products that you provide, whether by email, posting through NovaLink Platform, NovaLink Account or otherwise and you irrevocably assign any and all intellectual property rights on such feedback unlimited in time, scope and territory. Any feedback you submit is non-confidential and will be retained by NovaLink. NovaLink will be entitled to the unrestricted use, sale, transfer, modification or dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the feedback. NovaLink have the right to remove any posting you make on NovaLink Platform if, in NovaLink opinion, your post does not comply with the content standards defined by these Terms.

FINAL PROVISIONS

Natural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create NovaLink Account and use NovaLink Platform, NovaLink Services, NovaLink Cloud or other related services. If NovaLink becomes aware that such natural person or legal entity has created the NovaLink Account or has used NovaLink Services, NovaLink will delete such NovaLink Account and disable any NovaLink Services and block access to NovaLink Account and NovaLink Services to such natural person or legal entity.

If you register to use the NovaLink Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.

These Terms do not create any third-party beneficiary rights in any individual or entity.

These Terms forms the entire agreement and understanding relating to the subject matter hereof and supersede any previous and contemporaneous agreements, arrangements or understandings relating to the subject matter hereof to the exclusion of any terms implied by law that may be excluded by contract.

If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of every other provisions will not in any way be impaired. Such illegal, invalid or unenforceable provision of these Terms shall be deemed to be modified and replaced by such legal, valid and enforceable provision or arrangement, which corresponds as closely as possible to NovaLink’s and your will and business purpose pursued and reflected in these Terms.

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

No failure to enforce nor delay in enforcing, on NovaLink’s side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.

NovaLink reserves the right to make changes, amendments, supplementations or modifications from time to time to these Terms including but not limited to changes of licence agreement for NovaLink RESEARCH COLLISION Software and of any fees and compensations policies, in its sole discretion and for any reason. NovaLink suggests that you review these Terms periodically for changes. If NovaLink makes changes to these Terms, NovaLink will provide you with notice of such changes, such as by sending an email, providing notice on NovaLink Platform, placing a popup window after login to the NovaLink Account or by posting the amended Terms on the NovaLink Platform and updating the date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any newAccount holders. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes in their NovaLink Account, or (ii) continued use of NovaLink Services after NovaLink provides notice of such changes. Any amended Terms will apply prospectively to use of the NovaLink Services after such changes become effective.

The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and NovaLink derived from these Terms with notice period of 30 days, if you do not accept the amended Terms. If you do not agree to any amended Terms, (i) the agreement between you and NovaLink is terminated by expiry of 30 days period which starts after NovaLink provides you a notice of change of these Terms, (ii) you must discontinue using NovaLink Services and (iii) you must inform NovaLink regarding your disagreement with the changes and request closure of your NovaLink Account. If you do not inform NovaLink regarding your disagreement and do not request closure of you NovaLink Account, NovaLink will deem that you agree with the changed Terms. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of NovaLink. NovaLink may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

These Terms shall be governed by and construed and enforced in accordance with the Laws of HongKong. Any transaction, dispute, controversy, claim or action arising from or related to your access or use of the NovaLink Platform or these Terms likewise shall be governed by the Laws of the HongKong, exclusive of choice-of-law principles.

The place of performance and debt collection for Account holders domiciled abroad as well as the exclusive place of jurisdiction is the HongKong, subject to an appeal to the HongKong Supreme Court.

The rights and remedies conferred on NovaLink by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to NovaLink at law.

These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact NovaLink and immediately navigate away from the NovaLink Platform. Do not use the NovaLink Services, NovaLink Cloud or other related services until you and NovaLink have agreed upon new terms of service.

Last updated: December 11, 2024