ARCTIC NODES

TERMS AND CONDITIONS

Welcome to ArcticNodes. These Terms and Conditions ("Terms") govern your use of the ArcticNodes infrastructure, products, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

DATA TERMS AND CONDITIONS

A. High-Level Compliance Summary

  • Limited Data Collection: We collect only the minimum operational data essential for service provisioning, infrastructure management, security enforcement, and platform automation.
  • No Independent Data Sharing: We do not sell, rent, or independently share customer personal data for commercial gain. Data is used strictly for the delivery and integrity of the Service.
  • Customer-Initiated Integrations: Data may be shared only when you, the customer, actively initiate and authorise third-party integrations (e.g., external apps, monitoring agents, payment gateways).
  • Customer Accountability: You are fully accountable for granting, managing, and revoking access permissions to any external applications or APIs integrated with the Service.
  • Data Security and Lifecycle: Data processing is rigorously purpose-limited, retention-limited, and subject to layered security controls.
  • User Rights: You have the right to request access, correction, or deletion of your personal data where permitted by law.
  • Cross-Border Transfers: Data transfers outside of India occur only when technically necessary for Service delivery and are protected by adequate legal and contractual safeguards.
  • Minors' Data: We do not knowingly process the personal data of individuals under 18 without verifiable parental or guardian consent.
  • Anonymised Data: Anonymised and aggregated data may be used internally for performance analytics, service optimisation, and infrastructure planning without identifying individuals.
  • Policy Acceptance: Continued use of the Service following any policy update constitutes your acceptance of the revised Terms.

B. Full Explanation of Data Practices

1. Data Collection and Purpose Limitation

ArcticNodes' data collection is strictly limited to the minimum set of operational information necessary to provision, maintain, secure, and deliver the hosting Service. This includes billing details, contact information, service usage logs, and technical identifiers. Data is processed solely for the purposes stated at the point of collection (e.g., service delivery, billing, fraud prevention) and is never repurposed for unrelated objectives.

2. Prohibition on Data Sale or Independent Sharing

ArcticNodes maintains a strict closed-loop data policy. We commit to never selling, renting, or commercially trading any customer personal data. Internal data use is restricted to service delivery, internal diagnostics, fraud/abuse management, and fulfilling legal compliance obligations.

3. Customer-Initiated Third-Party Integrations

If you choose to connect the Service to any external application, plugin, payment gateway, monitoring tool, or API ("Third-Party Integration"), you explicitly authorise ArcticNodes to share the specific data required for that integration to function. The responsibility for evaluating the security, privacy policies, enabling, disabling, and managing permissions for all Third-Party Integrations rests entirely with the customer. ArcticNodes is not liable for any misuse, security breaches, or data handling practices by external systems integrated at the customer's instruction.

4. Data Security Controls

We employ industry-standard, layered security controls, including encryption for data in transit and at rest, automated audit trails, service-level monitoring, and restricted internal access. While we strive for maximum security, absolute security cannot be guaranteed. Customers must maintain strong, unique credentials and ensure the security of their own devices and access points.

5. Data Retention and Deletion

Personal data is retained only for the duration necessary to deliver the requested services, or as mandated by applicable Indian law (including DPDP regulations). Once retention periods expire, data is permanently deleted or irreversibly anonymised. Customers may formally request the erasure of their personal data, but such requests may be denied where ArcticNodes has a legal or contractual obligation to retain the data.

6. User Rights (Access, Correction, Withdrawal, Deletion)

Customers are entitled to:

  • Access: Request confirmation of whether we process their personal data and obtain a copy.
  • Correction: Request correction of any inaccurate or incomplete details.
  • Deletion: Request the erasure of personal data, subject to legal limitations.
  • Withdrawal of Consent: Withdrawal of consent may terminate the ability of ArcticNodes to continue providing services where the data is essential for the platform's functionality.

7. Cross-Border Data Transfers

As a global infrastructure provider, certain service components may necessitate the transfer of data to data centres or third-party processors outside the Republic of India. Any such transfer is conducted only with adequate legal safeguards, contractual obligations, and/or explicit user consent, ensuring compliance with relevant data protection laws.

8. Third-Party Processors

ArcticNodes utilises trusted third-party processors (e.g., cloud hosting vendors, security services) to deliver the Service. These processors operate under legally binding agreements that strictly enforce confidentiality, restrict access, and limit usage of customer data solely to the instructions provided by ArcticNodes.

9. Children’s Data

Service Availability to Minors (13+): Recognizing that certain services, such as game hosting (e.g., Minecraft), appeal to and are used by minors, ArcticNodes permits individuals aged thirteen (13) and over to use the Service. Use of the Service by minors under 18 is permitted strictly under the terms outlined in this clause.

Verifiable Parental Consent (Under 18): For any individual under the age of eighteen (18) registering for or utilizing the Service, the act of registration is considered an affirmation that they have obtained verifiable consent from a parent or legal guardian to be bound by these Terms and Conditions. The parent or guardian assumes full responsibility and financial liability for the minor's usage of the Service, including all associated fees, charges, and adherence to the Acceptable Use Policy.

Strict Limitation on Data Collection from Minors: In line with our commitment to privacy and data minimisation, ArcticNodes limits the collection of personal data for account creation and service management to the following mandatory data points:

  • Name (or Display Name): For identification within the platform.
  • Email Address: For account verification, essential service notifications (e.g., renewal alerts, system maintenance), and password recovery.
  • Phone Number: Optional, but may be used for crucial security or two-factor authentication (2FA) purposes.

We do not knowingly collect other sensitive data, location data, or demographic information from users identified as minors. However, we will collect general location data based on IP addresses to suggest the closest low latency node for server communication or content creation.

Parent/Guardian Rights: A parent or legal guardian whose minor child has registered for the Service retains the right to:

  • Review the personal data collected from their minor child.
  • Request the correction or deletion of the minor's data.
  • Revoke consent for the continued collection and use of the minor's data, which will necessitate the termination and deletion of the associated service and account.

All requests regarding a minor’s data must be submitted through the official support channels and must include verifiable proof of parental or guardian identity.

10. Anonymised and Aggregated Data Usage

ArcticNodes reserves the right to generate, use, and share statistical or aggregated datasets derived from Service usage for internal analytics, performance optimisation, load forecasting, and infrastructure planning. These datasets are stripped of all personally identifiable information and do not fall under personal data regulations.

11. Policy Modifications

ArcticNodes may update these Data Terms and Conditions periodically. Any material change will be communicated via the platform or email. Continued use of the Service following notification of changes constitutes your full acceptance of the revised terms.

12. Liability and Customer Responsibility

ArcticNodes is responsible only for data processed within its controlled Service environment. The customer holds exclusive responsibility for:

  • Securing their own login credentials, devices, and access keys.
  • Vetting and verifying the integrity and trustworthiness of all external Third-Party Integrations.
  • Ensuring that no illegal, abusive, or copyrighted data flows through or is hosted on our infrastructure.

PAYMENTS TERMS AND CONDITIONS

1. Service is Non-Refundable Once Provisioned

All sales are final. Once a server, container, or instance is created, provisioned, or allocated compute resources are reserved, the operational cost is incurred by ArcticNodes, and the associated service fee is non-refundable.

2. Refunds Only for Failed or Duplicate Payments

Refunds are issued strictly in the following limited circumstances:

  • Failed Payment: Where the payment gateway (e.g., Razorpay) confirms that a transaction was initiated but ultimately failed to settle (funds were held but not captured).
  • Duplicate Payment: Where a customer is erroneously charged twice for the same single service renewal or provisioning event.

3. Chargeback Liability and Suspension

In the event a customer initiates a payment chargeback after having consumed Service resources, ArcticNodes reserves the right to immediately suspend all associated services, delete any hosted data, and permanently ban the customer from future use of the Service. The customer is liable for all associated chargeback fees and penalties.

4. Fraudulent Payments and KYC Demand

If a payment is flagged by our payment gateway as high-risk or potentially fraudulent, ArcticNodes reserves the right to immediately freeze the service and demand verifiable Know Your Customer (KYC) documentation (e.g., government-issued ID proof) from the customer before any Service allocation or continuation. Failure to provide satisfactory verification will result in service termination and payment refusal.

5. Payment Verification Required Before Allocation

Service provisioning, resource allocation, and activation will occur only after the payment gateway confirms the transaction status as "Captured" or equivalent confirmation of final settlement. ArcticNodes is not responsible for delays caused by pending, initiated, or "Under Review" payment statuses.

6. Auto-Termination for Unpaid Invoices

Services will be automatically suspended if renewal payment is not received by 24 hours after the invoice due date. Unpaid instances will be subject to permanent deletion or archiving after 72 hours following the expiry time, resulting in irreversible data loss.

7. Dispute Resolution Protocol

All payment disputes must first be formally escalated and processed through the designated dispute resolution channels provided by our official payment gateway (Razorpay). Legal or other external escalations will only be considered after the mandatory gateway-level dispute process is exhausted.

8. No Pro-Rata Refunds for Partial Usage

ArcticNodes operates on a pre-paid, non-prorated billing model. Consumption of even a partial period (e.g., one hour) of the service term renders the entire payment for that term non-refundable. No partial or micro-refunds will be issued for early cancellation or partial usage.

9. Prepaid Model; Customer Responsibility for Renewal Timing

The Service operates purely on a prepaid basis. It is the sole responsibility of the customer to ensure timely renewal payments. ArcticNodes is not liable for any downtime, data loss, or service interruption caused by a customer's failure or delay in remitting renewal payments.

10. Platform Abuse Nullifies All Refund Rights

If a service is suspended or terminated due to a violation of the Acceptable Use Policy (including, but not limited to, running illegal scripts, engaging in DDoS activity, distributing malware, or hosting copyrighted material), all rights to a refund are immediately forfeited, regardless of the remaining paid service period.

11. Currency and Tax Disclaimer

All billings are processed in Indian Rupees (INR). Goods and Services Tax (GST) will be applied where legally mandated. The customer is responsible for providing correct and valid tax information and for any associated tax liabilities based on their jurisdiction.

12. Payment Gateway Fees Are Non-refundable

In the event a valid refund is processed (as per Clause 2), the non-refundable transaction processing fees levied by the payment gateway will be deducted from the refund amount. ArcticNodes does not reimburse these third-party fees.

13. Service Decline at ArcticNodes' Discretion

ArcticNodes reserves the absolute right to refuse or cancel any order, decline to provision service, and/or reject any payment at its sole discretion, particularly in cases where a customer or transaction poses a potential risk to our infrastructure, other customers, or our merchant account standing.