Terms of Service

1. Introduction

1.1 Company Information
These Terms of Service ("ToS" or "Agreement") govern your access to and use of the Spark Node platform (the "Service"), provided by Mida Labs s.r.l., an Italian limited liability company registered with the Naples Business Register under REA: NA-1130271, with registered office at Via S. Leonardo, 81, 80044 Ottaviano (NA), Italy, VAT/P.IVA 10768521212 ("Mida Labs," "we," "us," or "our").
Certified email (PEC): midalabssrl@pec.it

1.2 Acceptance of Terms
By accessing, purchasing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these ToS. If you do not agree, you must not use the Service.

1.3 Language
These ToS are provided in English. Any translation is for convenience only; in case of discrepancy, the English version shall prevail.

1.4 Business vs Consumer Use
Depending on your circumstances, you may use the Service as a business (B2B) or as a consumer (B2C). Mandatory consumer protection rules may limit or override certain clauses in this Agreement if you qualify as a consumer under applicable law.
If you access the Service on behalf of a company or organization, you represent that you have authority to bind that entity and that all references to “you” or “user” apply to such entity.

1.5 Privacy and Cookie Policy
Your use of the Service is also governed by our Privacy & Cookie Policy, which is incorporated into these ToS by reference.

2. Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:

"Blockchain" means a decentralized, distributed digital ledger that records transactions across a network of computers, in this case referring primarily to the Solana blockchain.

"Solana" refers to the open-source blockchain network using the SOL native cryptocurrency, on which Spark Node services, validator, and NFTs operate.

"NFT" (Non-Fungible Token) means a unique, non-interchangeable digital token recorded on the Solana blockchain that represents ownership of a specific digital asset or access right. For the Standard subscription, the NFT acts as a digital access key to the Service.

"RPC" (Remote Procedure Call) refers to the interface that enables users or applications to interact programmatically with the Solana blockchain through Mida Labs' Spark Node infrastructure.

"RPC Request" means any valid request made to Spark Node's Solana endpoint using HTTP or WebSocket methods that returns a successful 2xx status code.

"Included Responses" means the total number of successful RPC Requests served within the technical or contractual limits of your subscription plan.

"RPS" (Requests Per Second) means the maximum number of blockchain requests a user can send to the Spark Node service per second, depending on the chosen subscription tier.

"Staking" means the act of delegating SOL tokens to a Solana validator to support network operations and earn staking rewards directly through the Solana protocol.

"Non-Custodial" means that Mida Labs does not at any time hold, store, or control users' funds, tokens, or private keys. All blockchain operations are executed directly by the user's wallet.

"USDC" means the USD Coin stablecoin, a cryptocurrency pegged to the U.S. dollar, used for payments within the Spark Node ecosystem on Solana.

"Dashboard" means the web-based interface provided by Mida Labs through which users connect wallets, manage subscriptions, whitelist IPs, and view account information.

"Uptime" refers to the guaranteed percentage of time during which the Spark Node infrastructure and validator services are operational and accessible, excluding scheduled maintenance periods.

3. License and Access

Mida Labs grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Spark Node Service solely for lawful purposes and in accordance with these ToS.
You may not:

• sublicense, resell, rent, or provide access to third parties;
• reverse engineer, copy, modify, or create derivative works of any part of the Service;
• use the Service in violation of applicable laws or export restrictions.

Your license and access rights terminate automatically in case of breach.

4. Description of the Service

4.1 Spark Node Overview
Spark Node provides RPC infrastructure and Solana staking services under a Software-as-a-Service (SaaS) model. The Service offers private, high-performance Solana RPC endpoints and access to a Solana validator node operated by Mida Labs.
Mida Labs provides access infrastructure but does not operate or modify the Solana blockchain protocol itself.

4.2 Subscription Models
Spark Node currently offers:

• Standard NFT-Linked Subscription: $100/month, exclusive to holders of the Spark Node NFT collection (max 199 supply).
• SolDecoder Collaboration Plans: for holders or customers of SolDecoder.app:
  • 10 RPS, 99% uptime — $20/month
  • 30 RPS, 99% uptime — $30/month
• Solana Validator Staking Service: delegation of SOL tokens to Mida Labs’ validator with 99% uptime, non-custodial basis.

Mida Labs may modify subscription prices with 15 days’ notice, effective from the next billing cycle.

4.3 Infrastructure Providers
The Service operates using infrastructure from:

• Latitude.sh LLC (USA) — RPC nodes
• UAB “Cherry Servers” (Lithuania, EU) — validator
• Hetzner Online GmbH (Germany, EU) — backend/database
• MoonPay Commerce (UK) — payment processor

4.4 Dashboard Access
The Spark Node Dashboard allows users to:

• Log in via Discord OAuth
• Connect Solana wallets via signature-based login
• Pay subscriptions in USDC on Solana
• Whitelist IPs for RPC access
• Manage renewals and NFT validity

4.5 Service Updates and Beta Features
Experimental or beta features may be released without warranty and can be modified or discontinued anytime.

5. Eligibility and User Representations

You must be at least 18 years old and have legal capacity to enter binding agreements. You must not be located in sanctioned jurisdictions. Compliance with local laws on blockchain and NFTs is your responsibility.

6. User Responsibilities

By using Spark Node, you agree to:

• use the Service only for lawful and authorized purposes;
• prevent unauthorized access to your account or NFT-linked access;
• use commercially reasonable measures to protect your API keys and credentials;
• refrain from interfering with, overloading, or reverse-engineering the Service;
• immediately notify Mida Labs of any unauthorized use or breach;
• not use the Service to facilitate illegal financial or blockchain activities.

Violation of these duties may result in immediate suspension or termination.

7. NFT-Linked Subscription Model

The Standard subscription is strictly tied to ownership of a Spark Node NFT. Ownership is required to purchase or renew.

Renewals are manual and update NFT validity in Mida Labs’ backend. Selling an active NFT terminates access for the seller; the buyer inherits remaining validity.

No automatic renewals occur. Users are responsible for timely on-chain renewal.

Mida Labs is not liable for NFT price changes, marketplace issues, or blockchain failures.

8. Payment and Invoicing

Payments are in USD (USDC on Solana) via MoonPay Commerce. Transactions are irreversible and non-refundable, except where required by law.

VAT applies per jurisdiction. Invoices are electronic and comply with Italian FatturaPA standards via SDI.

EU consumers may withdraw within 14 days unless they consent to immediate service activation, waiving this right per Article 59 of the EU Consumer Rights Directive.

Users are responsible for tax declarations on all income or transactions related to the Service.

9. Staking Services

Mida Labs operates a non-custodial Solana validator. Users delegate directly on-chain. Rewards are determined by the Solana protocol. Mida Labs does not guarantee profit or returns and is not liable for slashing or network issues.

10. Export Controls and Sanctions Compliance

You may not use or access Spark Node if you are located in, or operate on behalf of, any entity or individual subject to sanctions or export restrictions.
This includes, but is not limited to, Cuba, Iran, North Korea, Syria, Crimea, Donetsk, or Luhansk regions, or any other jurisdiction under EU, UK, or OFAC sanctions.
Mida Labs reserves the right to restrict access where legally required.

11. Public References

By using Spark Node, you authorize Mida Labs to reference your project name, company name, or logo in its marketing materials, unless you request in writing to opt out.
No confidential or personal data will ever be disclosed in such references.

12. Data Collection and Privacy

Mida Labs collects Discord ID, wallet addresses, IPs, billing email, payment data, and RPC logs (7 days retention). Data is stored in the USA, Germany, and EU under GDPR compliance. Users can contact privacy@midalabs.xyz for access, rectification, or deletion requests.

13. Prohibited Uses

You agree not to use the Service for illegal activities including money laundering, hacking, DDoS, or IP misuse. Unauthorized resale or proxy access is forbidden. Violations may result in immediate suspension.

14. Service Availability and Warranties

Spark Node guarantees 99% uptime, excluding maintenance and external network outages.
The Service is provided "as is" and "as available," without express or implied warranties of any kind, including:

• merchantability or fitness for a specific purpose;
• error-free or uninterrupted operation;
• accuracy, reliability, or completeness of transmitted data.

Mida Labs does not warrant that the Service or transmitted data will be secure or compatible with any particular software or hardware.

Consumer users retain all statutory warranty rights under applicable EU and Italian law.

15. Limitation of Liability

To the fullest extent permitted by law:

• Mida Labs is not liable for indirect, incidental, or consequential damages, including data loss or profit loss.
• Mida Labs' aggregate liability shall not exceed the higher of (a) the total fees paid in the previous twelve (12) months, or (b) USD $100.

Nothing in this clause excludes liability for gross negligence, fraud, or willful misconduct, or any liability that cannot be excluded under Italian or EU law.

These limits comply with Art. 1229 of the Italian Civil Code and relevant EU consumer protections.

16. Intellectual Property and Branding

All trademarks, logos, source code, and designs remain the property of Mida Labs or its licensors. You may not reproduce or reuse them without written consent.
Any feedback or suggestion you provide may be used by Mida Labs without compensation.

17. Compliance, AML, and Tax

Mida Labs may suspend accounts suspected of illegal activity. Users must handle their own tax obligations. Identity verification may be requested by authorities when required.

18. Modifications and Termination

Mida Labs may amend these ToS with 30 days’ notice. Continued use after the effective date means acceptance. Users may terminate their account if they disagree. Termination does not entitle to refunds unless legally required.

Upon termination, access ceases immediately. Data required for legal compliance is retained as necessary.

19. Governing Law and Jurisdiction

These ToS are governed by Italian law. For B2B users, exclusive jurisdiction lies with the Courts of Naples. EU consumers may litigate in their home country. The CISG does not apply. For non-EU users, English is the binding language.

EU consumers may use the ODR platform: https://consumer-redress.ec.europa.eu/index_en

20. Miscellaneous

These ToS form the entire agreement. If any clause is invalid, the rest remains enforceable. No failure to enforce rights constitutes a waiver. No partnership or employment relationship is created.

21. Digital Acceptance

By connecting a wallet or logging in via Discord, you digitally accept these ToS under EU Regulation No. 910/2014 (eIDAS).

Contact:
Mida Labs s.r.l.
Via S. Leonardo, 81, 80044 Ottaviano (NA), Italy
Email: legal@midalabs.xyz

By using Spark Node, you acknowledge that you have read, understood, and agreed to these Terms of Service.