Terms of Service

These Terms of Use apply to the content and functionality of Backpac.xyz, and to the Backpac Products.

The Customer, ("you") may give us information about yourself when you visit Backpac.xyz. We may need to send you email and text messages to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Backpac.xyz platform and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP," or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your services.

As between you and Backpac, Backpac and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Backpac.xyz (collectively, "Backpac IP"). Backpac IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Backpac IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to Backpac or our products or services ("Ideas''). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Backpac has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

Backpac grants you a limited, revocable, non-exclusive, non-transferable license to access Backpac.xyz. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.

Details of the products and services available for purchase from Backpac ("Backpac Products") are set out on the website (www.Backpac.xyz). All features, content, specifications, products, and prices of products and services described or depicted in Backpac are subject to change at any time without notice. Unless expressly noted, all weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in Backpac.xyz at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Included Responses and Definitions: Included Responses are any responses produced from making a request to the node using HTTP or Websocket endpoints. Only responses with http return status 200 are counted.

We may require that you create an account to access Backpac.xyz, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. In our sole discretion, we reserve the right to terminate your account at any time and for any reason.

Service terms begin with the date you elect your plan and automatically renew every month until you cancel it. Overage usage will be billed at the overage rate throughout the term of your service. All overage charges are your responsibility.

Unless we tell you otherwise, you will only be entitled to a refund if we provide you with a service that does not match the product description of the service that you purchased. If that occurs, your exclusive remedy is to contact us for a refund. To begin the return process, please contact us.

You may not use Backpac.xyz or purchase any Backpac service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Backpac.xyz or any Backpac Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

We provide Backpac.xyz, Backpac IP and Backpac.xyz Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Backpac or obtained by you from or through Backpac.xyz – whether from Backpac or another entity, and whether oral or written – creates or implies any warranty from Backpac to you.

Backpac disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Backpac.xyz; (b) that the Backpac.xyz Products will meet your specific needs or requirements; (c) that the Backpac.xyz will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Backpac will correct any defects or errors in the Backpac.xyz; or (e) that the Backpac.xyz is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Backpac.xyz is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

Under no circumstances will Backpac be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use Backpac.xyz or for the unavailability of Backpac.xyz, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of Backpac.xyz, even if such damages are foreseeable, and whether or not you or Backpac has been advised of the possibility of such damages. Backpac is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of Backpac.xyz or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Backpac further denies responsibility for all liability and damages to you or others caused by (a) your access or use of Backpac.xyz inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with Backpac.xyz; (c) any bugs, viruses, or other harmful code that may be transmitted to or through Backpac.xyz; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Backpac in relation to Backpac.xyz, Backpac IP, and Backpac.xyz Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Backpac during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

Notwithstanding the foregoing, you agreed by using Backpac.xyz, Backpac IP, and Backpac.xyz Products, you have unlimited liability for gross negligence, willful misconduct, fraud, or misrepresentation.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

By using Backpac.xyz, you agree that the laws of the state of New York, USA, Except as subject to resolution, any claim, suit, action, suit, acting or proceeding hereunder must be brought in the appropriate state or federal court located in the borough of Manhattan, New York City, New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Backpac.

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Backpac.xyz by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page. Your continued use of our services constitutes your acceptance of updated terms.

You agree to allow Backpac to use your company name, logo, and testimonial as per the the terms set out here: https://www.Backpac.xyz/testimonial.

Our primary objective is to ensure our customers receive exceptional service and an optimal availability for all Backpac plans.

Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative email address and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.

Due to U.S. sanctions, we do not allow customers with I.P. addresses originating in the following regions or countries to create accounts or boot endpoints: Cuba, North Korea, Iran, Syria or Crimea.