MegaFuel Terms of Use - Gas Fee Sponsorship

Last updated: First version.

This agreement is for Sponsors who are onboarding with [Node Real Pte Ltd]. Download the PDF version here.

Previous version of the TOUs available here.

1. Introduction

These Terms of Use (hereinafter referred to as "Terms") are entered into between you (hereinafter referred to as "you" or the "Sponsor") and [Node Real Pte Ltd] (hereinafter referred to as the "NodeReal", "us" or "we").
NodeReal is a blockchain infrastructure and services provider. We launched our BSC validator RapToken in the early stages of the BSC network. Rap Token has since changed its name to NodeReal. We are trusted by our customers worldwide as we work with a passion for blockchain technology and a deep understanding of infrastructure and security. Our mission is to support the adoption, growth and long-term success of the Web3 ecosystem.
By accessing, downloading, using or clicking on "I agree" to accept to use MegaFuel services provided by NodeReal ("Services"), you confirm that you have read, understood, accepted and agree to be bound by all of the terms and conditions stipulated in these Terms as well as our Privacy Policy. If you do not agree to any terms and conditions stipulated in these Terms or in the Privacy Policy, do not access or utilize the Services.
MegaFuel is a blockchain-based gas fee sponsorship service provided by NodeReal that leverages the paymaster concept introduced in EIP-4337 (Account Abstraction via Entry Point Contract Specification) to facilitate third-party payment of transaction fees. This eliminates the need for Users to hold BNB for gas fees, making blockchain interactions more user-friendly and cost-effective. While EIP-4337 primarily targets smart contract wallets, MegaFuel extends this functionality to EOAs, democratizing access to sponsored transactions for millions of users within the BNB Chain ecosystem.
These Terms govern your use of MegaFuel. By using the service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. NodeReal reserves the right to modify these Terms at any time, and your continued use of the service constitutes acceptance of any revised terms. If you do not accept these Terms, please discontinue use of the service immediately. We urge you to always consult the online version of these Terms for the most current information for future reference, as these Terms may change from time to time.

2. Interpretation

In these Terms:

(a) a singular word includes the plural and vice versa;

(b) a word which suggests one gender includes the other gender;

(c) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(d) a reference to a document or an agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced;

(e) a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(f) words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation"; and

(g) section headings are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

3. Definitions

Unless otherwise defined in these Terms, capitalized terms used in these Terms shall have the meaning below:

(a) AML/CTF: anti-money laundering and counter-terrorism financing.

(b) Builder: a new stakeholder in the Maximum (or Miner) Extractable Value ("MEV") supply chain responsible for constructing blocks. Builders package transaction Bundles, individual transactions from the public txpool, and private transaction order flow into proposed blocks.

(c) Bundle: an ordered array of transactions that execute atomically, ensuring all transactions in the Bundle are processed together or not at all.

(d) Business Day: any day except any Saturday, any Sunday, or any day which is a national legal holiday in Singapore.

(e) MegaFuel Paymaster: an infrastructure component that enables transaction sponsorship, allowing self or third parties to cover gas fees.

(f) Proposer: a validator who selects the most profitable block from multiple builders' proposals for inclusion in the blockchain.

(g) Restricted Person: means a person or legal entity who (i) is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or (ii) resides, or is established, in any country listed in the List of Prohibited Countries.

(h) Security Breach: a situation where (i) your access IDs have been compromised; (ii) the loss, theft, or unauthorised use of any of your access IDs or any unauthorised access to and use of MegaFuel on your behalf; or (iii) any other security incident (including a cyber-security attack) affecting you and/or NodeReal and/or MegaFuel.

(i) Sponsor Policy: a set of rules defined by the Sponsor to determine which transactions qualify for sponsorship. This may include criteria such as whitelisted transaction senders or specific transaction types.

(j) Users: all persons and/or entities that use the services provided by Sponsors.

(k) Validator: an entity that verifies and validates transactions on a blockchain, ensuring compliance with network rules and maintaining its integrity.

4. General Provisions

Contractual Relationship. These Terms constitute a legal agreement and create a binding contract between you and NodeReal.
Supplementary Terms. These Terms between you and NodeReal may not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, NodeReal's privacy policy, additional regulations, and all other agreements entered into separately between you and NodeReal are deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your use of Services is deemed your acceptance of the above supplementary terms. If you do not agree to any of the supplementary terms, do not access or utilize the Services.
Prohibition of Use. By accessing and using the Services, you represent and warrant that you are not and/or have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. NodeReal reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its absolute and sole discretion, the provision of Services in certain countries or regions.

5. Service Scope

MegaFuel operates under the BEP322 Proposer-Builder Separation (PBS) architecture.
The overall workflow of MegaFuel involves several key steps to facilitate gas fee sponsorship for transactions on BNB Chain, as detailed below:

(a) Registration and Integration of Sponsor: Sponsor shall register before MegaFuel, become a MegaNode user, complete the integration with MegaFuel, integrate a wallet, and set up the Sponsor Policy. To effectively define and implement a Sponsor Policy, Sponsor shall follow the policy management guidelines.

(b) Sponsorship funding: Sponsors shall provide the necessary funds for gas sponsorship.

(c) Transaction submission and processing: Users will submit the zero-gas-price transaction, according to the type of the Sponsor Policy (whether public or private) (i) on the Sponsor's platform integrated with the MegaFuel paymaster; (ii) directly on MegaFuel; or (iii) by using a wallet integrated with MegaFuel. MegaFuel will use funds from the Sponsorship funding to cover the necessary gas costs for the transactions that meet the requirements of the Sponsor Policy.

(d) Post-transaction processing: MegaFuel updates Sponsor's account, deducting the appropriate amount for the sponsored gas.

6. Registration

All Sponsors must complete the registration in MegaNode before obtaining access to MegaFuel. Application for MegaFuel registration may be submitted through NodeReal's website.
When you register in MegaFuel, you must provide us with the requested information and documents, and accept these Terms and the Privacy Policy. In case of third party representation, the representative must provide us with documents proving his authorization.
You agree to provide complete and accurate information when registering with us, and agree to notify us immediately, no later than 10 (ten) calendar days, in case of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to us and/or of any circumstances that are material for the performance of these Terms, e.g. names of authorized persons, your name/title, code, registered office address, place and nature of business, email address, shareholders' structure, restructuring, bankruptcy or liquidation proceedings, etc. At our request, you must submit any documents (originals, duly certified paper copies or scanned copies or in any other form requested by us) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers.
We may, in our absolute and sole discretion and without specifying any reasons, refuse to register you in MegaNode and/or MegaFuel.
By registering to MegaFuel, you represent and warrant that:

(a) you have read and commit to be bound by these Terms;

(b) as a legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms. If you act as an employee or agent of a legal entity, and enter into these Terms on a legal entity's behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;

(c) as a legal person or other organization, you are duly established and operate in a country in which our Services are legally accessible;

(d) you have not been previously suspended or removed from using Services;

(e) you have no tax reporting requirements deriving from the laws of the U.S. or any other country or region where we will be obliged to be registered or licenced locally to provide our Services; nor are you acting on behalf of such persons; nor you or a person you represent reside/is incorporated in a country in which our Services are not legally accessible;

(f) your financial status allows you to accept the risks relating to Virtual Assets;

(g) you have provided accurate and complete information and documents requested by us;

(h) your use of Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;

(i) you are not a Restricted Person;

(j) you will not use / intend to use the Services for anything that is unlawful, abusive, malicious or that could disable, overburden, or impair the proper working of the Services or may hurt our reputation or otherwise pose any threat to us;

(k) at all times you comply with these Terms as well as all applicable laws and regulations;

(l) any and all actions (transactions) performed by you using our Services and/or discharge of other provisions of these Terms shall be valid and shall have the same legal effect as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document signed by you and endorsed with the stamp or seal of such entity, if any;

(m) you have sufficient knowledge relating to Virtual Assets to use our Services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our Services; and

(n) all Virtual Assets owned by you are yours and have been obtained from legitimate sources.
By registering for MegaFuel, you represent and warrant that all of the above is true and accurate on the day of registering and shall remain true and accurate until you cease to use our Services.
Clients Identity Verification
1. By registering for MegaFuel, you agree to provide required entity and/or personal information for entity and identity verification. Such information will be used to verify your identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes, or for other lawful purposes stated by NodeReal.
2. We will collect, use, disclose, process and share such information in accordance with our Privacy Policy.
3. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your register is active and for regulatory necessary after your register is closed, or such other period as prescribed by applicable law. You also authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any permitted users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such enquiries. When we carry out enquiries, you acknowledge and agree that your personal information, and that of any permitted users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our enquiries in full.
4. In order for you to obtain access to our Services, we may have to be satisfied with the outcome of any identity, fraud and background checks including but not limited to all other AML/CTF checks which we may conduct in relation to you at any time during the term of your relationship with us.
5. If we have any grounds for believing that any of the information or documents you provided are incorrect, false, outdated or incomplete, we reserve the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Services we provide to you.
6. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to us as a direct or indirect result of that inability.
7. You acknowledge and agree that you have the obligation to update all the information, if there is any change, in a timely manner, as described in Sections above.
8. We have the right to terminate a business relationship with you and/or a legal entity you represent at any time if we determine that we are not satisfied with the outcome of any identity, fraud and background checks including all other AML/CTF checks.
Information sharing. We may be required under applicable law to share information about your register and/or register history with third parties or with our affiliates. You acknowledge and agree that we are entitled to disclose such information.
We have the right to request any additional information about your end-users as we deem it necessary or to comply with any applicable laws.
NODEREAL DOES NOT VERIFY THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF THE INFORMATION PROVIDED BY SPONSORS DURING THE REGISTRATION AND IDENTITY VERIFICATION PROCESSES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY.
You acknowledge and agree that it is your sole responsibility to comply with all applicable AML/CTF laws and regulations. You are required to provide accurate, complete, and up-to-date information and documents for identification and verification purposes. We do not assume any responsibility or liability for verifying the accuracy, completeness, or authenticity of the information and documents provided by you. Any failure to comply with AML/CTF requirements, including the provision of false, incomplete, or outdated information, will result in the unavailability of our Services to you. You agree to indemnify and hold us harmless from any claims, liabilities, losses, damages, costs, and expenses arising out of or in connection with your failure to comply with AML/CTF requirements.
Sponsor Policy: As part of the registration process, Sponsors are required to define their Sponsor Policy. These Policies serve as the determinants for transaction sponsorship by MegaFuel. The Policies must be created and maintained exclusively by the Sponsor. Upon receipt of a transaction, the system will evaluate it against all existing Policies. If the transaction meets the requirements of any Sponsor Policy, MegaFuel will proceed with the sponsorship. Sponsors are solely responsible for ensuring that their Policies are up-to-date, accurate, and compliant with all applicable laws and regulations. MegaFuel does not assume any responsibility or liability for the content, accuracy, or compliance of the Sponsor Policies.

7. Integration

Sponsors may integrate MegaFuel in their platform, enabling gas fee sponsorship for their Users. This permissionless solution is open to all wallets.
Integration requires adapting the transaction flow to work with MegaFuel's paymaster system. For detailed information about the paymaster API interface, please refer to the provided documentation.

8. Sponsorship funding

After integration, Sponsor shall fund the MegaFuel account with Binance Coin (BNB) exclusively, for providing gas fee sponsorship to its Users. No other currencies will be accepted.
Transfer of Funds: Sponsors are required to inform NodeReal of the details related to the amount of BNB being sent to MegaFuel. This information must be accurate and complete to ensure proper processing of the sponsorship funds.
Notification and Additional Funding: Once the Sponsor's funds are depleted through the sponsored transactions made by its Users, the Sponsor will be notified and may provide additional sponsorship funding to MegaFuel, at its discretion.
Unused Funds: In the event that a Sponsor terminates these Terms or does not utilize all the sponsorship funds for providing gas sponsorship, any unused BNB will remain in the MegaFuel account until the MegaFuel product is discontinued. Sponsors will not be entitled to a refund or withdrawal of the unused funds at any time.
NO REFUND POLICY: NODEREAL DOES NOT SUPPORT REFUNDS. SPONSORS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF THE INFORMATION AND THE AMOUNT OF BNB TRANSFERRED TO THE MEGAFUEL ACCOUNT. IF A SPONSOR MAKES ANY ERRORS IN THE TRANSFER, THEY WILL BE FULLY RESPONSIBLE FOR THE CONSEQUENCES. WHILE WE WILL NOTIFY THE SPONSOR OF ANY DISCREPANCIES, WE WILL NOT ISSUE ANY REFUNDS UNDER ANY CIRCUMSTANCES. SPONSORS ARE HEREBY WARNED THAT THEY BEAR THE FULL RISK ASSOCIATED WITH THE TRANSFER OF FUNDS TO US.
Responsibility and Risk: Sponsors acknowledge and agree that they are fully responsible for the accuracy and completeness of the information provided during the transfer of funds. Sponsors also accept the risk associated with the transfer and the non-refundability of the funds. MegaFuel shall not be liable for any losses or damages arising from the Sponsor's failure to comply with these terms.
Lawful Source of Funds: Sponsors warrant and represent that all funds used for sponsorship funding are derived from lawful activities and are not obtained through any illegal or illicit means. Sponsors must ensure that the funds comply with all applicable laws and regulations, including but not limited to AML/CTF laws.
Restricted Persons and Countries: Sponsors warrant and represent that they are not, and the funds are not sourced from, any Restricted Person. Additionally, Sponsors warrant that the funds are not sourced from any country or territory that is subject to comprehensive sanctions or embargoes.
Right to Refuse or Terminate Sponsorship: NodeReal reserves the right to refuse any sponsorship funding or terminate these Terms if it has reasonable grounds to believe that the funds are not in compliance with the warranties and representations set forth in this Section. In such cases, NodeReal shall not be liable for any losses or damages incurred by the Sponsor.

9. Transaction submission and processing

When Users submit a zero-gas-price transaction that meets the requirement of any Sponsor Policies, NodeReal will use the funds from the sponsorship funding to cover the necessary gas costs for the transactions in accordance with the Sponsor Policy.
1. Transactions can be submitted by Users (i) on the Sponsor's platform integrated with the MegaFuel paymaster; (ii) directly on MegaFuel; or (iii) by using a wallet integrated with MegaFuel.
2. NodeReal makes no representations or warranties regarding the success, timing, or outcome of any transaction submission, and does not guarantee that such transactions will be processed, confirmed, or completed successfully. Sponsors and Users acknowledge and agree that the submission of a zero-gas-price transaction is subject to various factors beyond NodeReal's control, including but not limited to network conditions, blockchain congestion, and third-party actions. NodeReal shall not be liable for any losses, damages, or delays arising from or related to the submission, processing, or completion of any transaction, whether or not such transaction meets the requirements of the Sponsor Policies.
Eligible Transactions: If the transaction meets all the criteria outlined in the Sponsor Policy, it is deemed eligible for sponsorship. NodeReal will then cover the gas fee associated with the eligible transaction, ensuring that the transaction is processed without any cost to the User.
Ineligible Transactions: If the transaction does not meet the criteria specified in the Sponsor Policy, it is deemed ineligible for sponsorship. The ineligible transaction will either be rejected outright or returned to the Sponsor for normal processing without the sponsorship.
Notification: Users will be promptly notified of the status of their transaction, whether it is eligible for sponsorship or not. In the event of a rejection or return, the notification will include the reason for ineligibility based on the Sponsor Policy.
Record Keeping: NodeReal will maintain detailed records of all transactions submitted, including those that are sponsored and those that are rejected or returned. These records will be available for review by the Sponsor to ensure transparency and compliance with the Sponsor Policy.
Dispute Resolution: In the event of any disputes regarding the eligibility of a transaction, the Sponsor and NodeReal will work together to resolve the issue in accordance with these Terms and the Sponsor Policy.
Accuracy of Sponsor Policy: NodeReal is not responsible for any inaccuracies or ambiguities in the Sponsor Policy. It is the Sponsor's responsibility to ensure that their policies are clear, accurate, and up-to-date.
Transaction Rejections: The Sponsor shall be responsible for any losses or damages incurred by its Users as a result of transaction rejections or returns. Users shall be advised to review the Sponsor Policy and ensure their transactions comply with the criteria.
Policy Changes: Sponsors must immediately communicate with NodeReal in case of any modifications of their Sponsor Policy at any time. NodeReal will implement these changes as soon as practicable but is not responsible for any transactions processed under previous Sponsor Policy before the changes take effect.

10. Sponsor Responsibilities

All Sponsors shall:

a. act in good faith and adhere to these Terms, as well as other provisions governing the use of our Services, and timely as well as properly fulfill their obligations to us;

b. provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with the normal functioning of the Services and/or related applications;

c. ensure that any unauthorized or suspicious activity on your account is identified and notified to us as soon as possible;

d. take all reasonable measures necessary to prevent illegal disclosure, appropriation, or use of your data related to transactions;

e. at all times comply with all applicable laws and regulations, ensuring that their use of MegaFuel does not violate any applicable laws or regulations, including but not limited to AML/CTF laws; and

f. be fully responsible for covering gas fees if the sponsorship mechanism fails for any reason.
Prohibited activities include, but are not limited to:

a. using MegaFuel for fraudulent, illegal, or malicious transactions;

b. exploiting vulnerabilities in the system to gain unauthorized sponsorships;

c. misrepresenting sponsorship eligibility to gain undue benefits.
NodeReal reserves the right to suspend or terminate access to MegaFuel for any violations of this Section.

11. Technical Limitations

While MegaFuel strives to provide reliable gas sponsorship, Sponsor acknowledges that (a) network congestion may result in failed or delayed transactions; (b) gas sponsorship is subject to predefined limits and may not cover all transaction costs; and (c) transactions are processed on a best-effort basis and are not guaranteed to be executed.
Access to our Services may be restricted, limited, degraded or unavailable for a variety of reasons. This could result in limitations on access to your account, including the inability to initiate or complete transactions, and may also lead to delays in support response times.
We do not guarantee that our Services will be available without interruption, and we do not guarantee that any transaction will be executed or that your account will be accessible at all times.
NodeReal does not provide customer support for troubleshooting wallet issues, third-party service failures, or unauthorized integrations.
In the event that the Binance Smart Chain (BSC) network experiences high congestion, we may temporarily increase the gas price for transaction Bundles to enhance the likelihood of successful execution on the blockchain. Consequently, the cost associated with each User gasless transaction may be temporarily increased. The extent of this increase will be determined at our discretion based on network conditions.

12. Security and Compliance

Sponsors are responsible for securing their accounts and credentials. NodeReal enforces security measures to protect the integrity of MegaFuel but is not responsible for losses resulting from compromised accounts or third-party actions.

13. Privacy and Data Collection

NodeReal may collect and store certain data to improve service efficiency and compliance, including:

a. transaction metadata (e.g., sponsored addresses, transaction hashes);

b. IP addresses and device information for fraud prevention.
All data collection complies with applicable privacy regulations, and personal data is not shared without Sponsor's consent.

14. Disclaimer of Warranties

No representation or warranty: MegaFuel is provided on an 'as is' and 'as available' basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to MegaFuel, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free.
Suspension of access: We may, from time to time, suspend access to MegaFuel, for both scheduled and emergency maintenance.
Third-party websites: Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites and/or mobile applications) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the website. Any links to third-party websites accessible when using our Services does not imply endorsement by NodeReal of any product, service, information or disclaimer presented therein, nor does NodeReal guarantee the accuracy of the information contained therein. If you suffer loss from using such third-party products and Services, NodeReal shall not be liable for such loss. In addition, since NodeReal has no control over the terms of use or privacy policies of third-party websites, you should read and understand those terms and policies carefully.
Network access and compatibility: You are responsible for obtaining the data network access necessary to use MegaFuel. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use MegaFuel. We do not guarantee that MegaFuel, or any portion thereof, will function on any particular hardware or devices. MegaFuel may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

15. Limitations of Liability

To the fullest extent permitted by law, NodeReal shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of MegaFuel, including transaction failures, lost funds, or Security Breaches.
Neither we, nor any of our affiliates or service providers, or any of our or their respective officers, directors, agents, employees and representatives, will be liable for any amount greater than the fees paid by you under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.

16. Limitation of Loss

Notwithstanding any other Section or sub-provision in these Terms, in no event shall we, any affiliates or our service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Terms or otherwise:

a. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same;

b. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers, or contracts; any loss or waste of overheads, management, or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;

c. any loss of use of hardware, software or data and/or any corruption of data; any error or delay in the transmission of such data; and/or any interruption in any such data; any unexpected software bugs, blockchain reorgs, or smart contract vulnerabilities;

d. any losses, damages, liabilities, costs or expenses whatsoever suffered or incurred by you in connection with any Service performed or action taken under these Terms unless caused by our gross negligence, wilful default or fraud; any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms (whether or not you are able to prove such loss or damage);

e. any breach of security of your email account or a Security Breach; and/or

f. any increase in the cost of User gasless transactions due to temporary adjustments in gas prices on the Binance Smart Chain (BSC) network during periods of high congestion, even if NodeReal is advised of or knew or should have known of the possibility of the same.
However, nothing in these Terms purports to exclude or limit liability which cannot be excluded or limited under applicable law.

17. Indemnification

You agree to indemnify us, any affiliate, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any liabilities, losses and costs (including attorney fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms or any of our policies, or your violation of any law, rule or regulation or the rights of any third party.

18. Termination

Suspension of access: You agree that NodeReal shall have the right to immediately and unilaterally suspend your access to MegaFuel for any reason including if NodeReal suspects the access to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that NodeReal shall not be liable to you for any permanent or temporary modification of MegaFuel, or suspension or termination of your access to all or any portion of Services. NodeReal shall reserve the right to keep and use the transaction data or other information related to your access. The above access controls may also be applied in the following cases (including, but not limited to):

a. your access to MegaFuel is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory governmental proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your activity using MegaFuel;

b. we detect unusual activities in your access;

c. we detect unauthorized access;

d. we are required to do so by applicable law, or any court order or command to which we are subject in any jurisdiction; and/or

e. there are any circumstances specified in the Section below ("Cancellation of access").
Cancellation of access: In case of any of the following events, NodeReal shall have the right to immediately and unilaterally terminate these Terms by giving you email notice and by canceling your access to MegaFuel, and shall have the right but not the obligation to permanently freeze (cancel) the authorizations of your access:

a. we are required to do so by a court order or command by a regulatory/government authority, or by legal acts;

b. after NodeReal terminates Services to you;

c. you allegedly register or register in any other person's name as our Sponsors again, directly or indirectly;

d. the information or documents that you have provided to NodeReal is untruthful, inaccurate, outdated, misleading or incomplete;

e. you do not provide, conceal, avoid, or refuse to provide any required information or documents to us, or submit documents where the veracity or authenticity is in doubt, or the submitted documents and/or information are not in conformity with requirements established by legal acts and/or NodeReal;

f. you fail to notify NodeReal about changes in the information provided to NodeReal and/or about the circumstances which have or are likely to have a negative impact on the due discharge of your obligations to NodeReal and/or of any circumstances that are material for the performance of these Terms and/or, upon NodeReal's request, fail to submit the documents supporting such information or circumstances;

g. you have defaulted on your obligations assumed and/or representations and warranties made under these Terms and/or to other creditors and/or no longer meet the eligibility requirements laid down in these Terms;

h. you by your unlawful or abusive acts have inflicted losses on us and/or have caused a real threat of such losses and/or damaged the reputation of NodeReal;

i. in our opinion, you engage in the field of activity with a high level of risk of money laundering and/or terrorist financing;

j. according to the information available to NodeReal, you are related or were related in the past to criminal organizations;

k. you are or were prosecuted or convicted for criminal offenses or misdemeanors;

l. according to the information available to NodeReal, you are related or were related in the past with activities prohibited by international or national legal acts (e.g., trafficking in people, trafficking in human organs, exploitation of children, smuggling, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);

m. according to the information available to NodeReal, you engage in activities without holding the required licenses or other authorizations issued by competent public authorities (e.g., organization of games of chance, trade in precious stones and/or precious metals, etc., without holding the required licenses (authorizations);

n. you use the Services for illegal, fraudulent and/or unfair activities;

o. you are included in the list of persons who are suspected of local or international terrorism and/or terrorist financing;

p. you are a person who is subject to sanctions for any reasons or who is established in a country that is subject to sanctions;

q. you are from a country that is not a member of the Financial Action Task Force ("FATF") for Combating Money Laundering and Terrorist Financing or of the international organization that has the FATF observer's status and engages in the activities of combating money laundering and terrorist financing;

r. you engage (or plan to engage) in another activity that is not in conformity with: sustainable activities of NodeReal, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by NodeReal;

s. you are a person whose access is used by third parties without legal grounds;

t. you have registered in MegaFuel more than once, except with our permission;

u. we have concerns about the security of your access, or we suspect that you use our Services in a fraudulent, abusive or unlawful manner;

v. your access is subject to any pending litigation, investigation and/or we perceive a risk of regulatory non-compliance associated with your access;

w. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your access or by other means;

x. you request that Services be terminated; and/or

y. any other circumstances where NodeReal deems it should terminate Services including for violation of these Terms.
Should your access be terminated, the transactional information that meets data retention standards will be securely stored for at least eight (8) years or such other period as permitted by applicable law.
If a transaction is unfinished during the access termination process, NodeReal shall have the right to notify your counterparty of the situation at that time.
You acknowledge that a Sponsors-initiated access cancellation (including the right to erasure under General Data Protection Regulation 2016/679 or other equivalent regulations) will also be subjected to the termination protocol stated above.
You shall have the right to terminate these Terms (and cancel your access to MegaFuel) unilaterally and for any reason by giving us one (1) month's emailed notice in advance, sent to: support@nodereal.io. Upon termination, you acknowledge and agree that no refunds, credits, or reimbursements of any kind will be provided for any sponsorship funding, or other amounts paid or payable by you prior to the effective date of termination.

19. Consequences of access cancellation

Once an access is canceled and these Terms are terminated: (a) all rights granted herein shall terminate immediately; (b) the Sponsor shall promptly return to NodeReal, or destroy and certify the destruction of all Confidential Information to NodeReal, if any; (c) any provision of these Terms that by its very nature or context is intended to survive any termination, cancellation hereof, shall so survive; and (d) all other performance obligations of both parties under these Terms shall cease.
We shall not be held liable for consequences arising after we legally suspend or restrict the provision of our Services, suspend, close or restrict your access or terminate these Terms.
Termination of the Terms shall not exempt you from the due discharge of all your obligations to us arising before the date of termination.
Transactions initiated under these Terms before their termination shall be completed in accordance with the provisions of the Terms applicable before their termination, unless otherwise agreed by you and us.
The termination of these Terms shall always result in the closure of the respective access.

20. Compliance with local laws

It is Sponsors' responsibility to abide by local laws in relation to the legal usage of Services in their local jurisdiction as well as other laws and regulations applicable to Sponsors. Sponsors must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.

21. Privacy Policy

Access to Services requires the submission of certain personally identifiable information. Please review NodeReal's Privacy Policy available on https://nodereal.io/privacy-policy to learn about how we collect and use personal information.

22. Governing Law and Dispute Resolution

These Terms, including any dispute, controversy, or claim arising out of or in connection with it (whether contractual or non-contractual in nature), shall be governed by, and construed in accordance with, the laws of the Abu Dhabi Global Market. The courts of the Abu Dhabi Global Market shall have exclusive jurisdiction to hear and determine any dispute, proceeding, or claim (including any dispute regarding the existence, validity, or termination of these Terms) arising out of or in connection with these Terms or its subject matter.

23. Communication

Any communication between you and us shall take place primarily via e-mails.
Disclosure of any information via e-mails shall be considered as duly submitted only if such information is sent to and from the e-mail addresses that are disclosed under these Terms: (a) NodeReal's e-mail address that should be used for communication is support@nodereal.io; (b) Sponsor's email address that should be used for the communication should be disclosed during the registration for MegaFuel. Communication via other email addresses shall not be considered appropriate unless otherwise agreed by the parties.
Notices and other communications sent by e-mails shall be deemed delivered to and received by the party on the same Business Day it was sent (in case it is sent on a non-Business Day - on the next earliest Business Day).
Under certain circumstances, especially in emergency cases, we may also contact you by using any other means of communication and contact details you have provided to us.
You must immediately inform us about changes in your contact details. At the request of NodeReal, you must provide the respective documents supporting the change of any contact details. If you do not fulfill your duties referred to in this Section, the notifications communicated on the basis of the most recent details specified by you to NodeReal shall be deemed as duly sent and any obligation fulfilled on the basis of such details shall be deemed as duly discharged by NodeReal.
Sponsor must immediately inform NodeReal if it fails to receive from NodeReal any notifications which it was to receive under these Terms or for the provision of which the Sponsors has submitted a separate request to NodeReal.
We shall not be responsible for any mistake, inaccuracy, technical defect or damage caused by incorrect, outdated contact details of Sponsors and their subsequent use by us.
We shall have the right to require Sponsor to provide original documents and/or copies certified by a notary or any other person authorized by the relevant country. We shall also have a right to require that documents drawn up abroad be translated into English and/or legalized and/or attached with an apostille.
You are fully liable for the correctness of data, orders and documents submitted to us.
All costs of drafting, delivery, certification, notarization, legalization, apostillization and translation of documents to be provided to NodeReal shall be borne by the Sponsor.
If documents provided by Sponsor to NodeReal are inconsistent with the requirements established by legal acts and/or by NodeReal, and/or if NodeReal has reasonable doubt as to the authenticity or accuracy of the submitted documents, NodeReal shall have the right to suspend the provision of Services to the Sponsors and/or to demand from the Sponsors the submission of additional documents.
It is your responsibility to regularly check the proper functioning of your e-mail and other methods of communication that you use to communicate with us and to retrieve and read messages relating to our Services provided to you. We shall not be liable for any loss arising out of your failure to do so.

24. Confidentiality

The Sponsor acknowledges that, from time to time, NodeReal may disclose to the Sponsors either directly or indirectly by way of using/rendering the Services, electronically, in writing, orally or otherwise, information which is proprietary or confidential or which would, under the circumstances, be understood by a reasonable person to be proprietary and non-public, including without limitation, security requirements related to MegaFuel, technical data, know-how, the non-public NodeReal information and all unpublished service manuals, information, data and other similar materials or records provided by NodeReal to the Sponsors pursuant to these Terms or otherwise ("Confidential Information").
The Sponsor shall use such Confidential Information solely for fulfilling its responsibilities and obligations under these Terms and for no other purposes. The Sponsors shall retain such Confidential Information in strict confidence and shall not disclose it to any third party without NodeReal's written consent.
The Sponsor shall use at least the same procedures and degree of care which it uses to protect its own Confidential Information of like importance, and in no event less than reasonable care, and shall be responsible and liable for any use or disclosure of the Confidential Information, including by its employees or other related persons, in violation of these Terms.
The Sponsor shall immediately notify NodeReal of any unauthorized use or disclosure, or suspected unauthorized use or disclosure of Confidential Information.
In the event that any disclosure of the Confidential Information is required by you pursuant to applicable law, you shall provide us reasonable notice and opportunity to contest the need for such disclosure, or to seek a protective order therefor. If we fail to contest the need for such disclosure or to obtain a protective order, you may disclose only that portion of the Confidential Information that is legally so required to be disclosed, provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally required disclosure.

25. Miscellaneous

Independent parties: NodeReal is an independent contractor. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
Entire agreement: These Terms constitute the entire agreement between the parties regarding the use of Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
Severability: If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable, and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.
Changes of these Terms: NodeReal reserves the right to alter, revise, modify, and/or change these Terms at any time. NodeReal will inform the Sponsor via email at least seven (7) days in advance of any changes and the effective date. The Sponsor may terminate the Terms immediately (without the notice period) until the date of entry into force of the changes. Failure to terminate the Terms will mean that the Sponsor has agreed to the changes. By continuing to use the Services, you agree to the changes. If you do not agree to any such modifications, your only remedy is to terminate your use of the Services and cancel your access. You agree that, unless otherwise expressly provided in these Terms, NodeReal shall not be responsible or liable for any modification or termination of the Services to you or any third party, or suspension or termination of your access to the Services.
Force majeure: Each party shall be released from the liability for failure to fulfill obligations under these Terms where they are not fulfilled due to force majeure circumstance, which was beyond the control of the party and impossible to reasonably predict at the moment of concluding these Terms, and the occurrence of the circumstances or consequences whereof could not have been prevented. Insufficient financial resources of the party or violation of obligations of the parties thereof shall not be considered as force majeure. At the moment of concluding these Terms the parties are not aware of any force majeure circumstances that may have an impact on the performance of these Terms.

If the circumstances, due to which it is impossible to fulfill these Terms, are temporary, the party may be released from liability for such a period which is reasonable taking into consideration the impact of those circumstances on fulfillment of these Terms.

The party failing to fulfill these Terms due to force majeure circumstance shall notify the other party of occurrence of force majeure circumstance and its impact on fulfillment of these Terms within five (5) calendar days as of the date when such circumstances have become known or should have become known to the party failing to fulfill these Terms. If the other party does not receive the mentioned notification within the specified term, the party failing to fulfill these Terms shall compensate damages/losses incurred by another party due to non-receipt of the notification.

The grounds for releasing the party from liability shall arise from the moment of occurrence of force majeure circumstance provided that the term for delivery of notification, specified in paragraph above, was complied with.

If the period of force majeure exceeds thirty (30) calendar days each party has the right to terminate these Terms by sending written notice to the other party. These Terms are considered as terminated from the date of receipt of such notification.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from NodeReal, including any right or obligation related to the enforcement of laws or the change of control. NodeReal may assign or transfer any or all of its rights or obligations under these Terms, including, without limitation, in connection with any merger, acquisition, or other corporate reorganization.
No waiver: No delay or omission by us in exercising any right or remedy under the Terms shall operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by law.
Taxes: It is your own responsibility to determine what, if any, taxes apply to the payments you make or receive in relation to using our Services. It is your responsibility to collect, report, and remit correct tax to the appropriate tax authority.

You acknowledge that we are not responsible for determining whether any taxes apply to your use of the Services, or for collecting, reporting or remitting any taxes arising from your use of the Services.

The fees we are charging are exclusive from Value-added tax (VAT).

In case we are obliged under applicable law or voluntarily decide to report to any competent authorities any information that is related to your tax obligations, you undertake to provide us with the requested documents, data and information.
Information storage: We store essential information related to the use of our Services for our own needs for at least eight (8) years in durable media of our choice.

On the other hand, in order to have proof of actions taken by you or by us in fulfillment of these Terms, you should save corresponding information and store it in durable media of your choice.

While we will take all practicable steps to protect the information in our possession against unauthorized or accidental access, processing, erasure, loss or use, we cannot guarantee the total security of your information and data.
Marketing and NodeReal logos: For the avoidance of doubt, notwithstanding anything to the contrary in these Terms, any marketing, publicity, press release and/or public announcement, or any use of NodeReal trade name, logo or trademarks, is not permitted except with the prior written consent of NodeReal and shall always be subject to NodeReal's branding guidelines and instructions.
Language: These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text shall prevail. You agree that the language used in these Terms as well as any communication between you (or any person authorized by you) and us will be in English.

26. Contact Information

For inquiries regarding these Terms, please contact NodeReal at support@nodereal.io.