Terms of Use Agreement

These Terms of Use ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you") and "we," "us" or "our" shall mean Amizen Labs, LLC. and its subsidiaries and affiliates, concerning your access to and use of our website threatvision.ai, as well as all our, applications/app, software, websites, media forms or channels, and mobile websites or applications (collectively, the "Site"); Products, services, devices, hardware (collectively, the "Services"). You agree that by accessing the Site and Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with any or all of these Terms, then you are expressly prohibited from using the Site and Services, and you must discontinue use immediately.

By using our Site and Services, you agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on the Site from time to time. The privacy policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We may alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and Services after the date such revised Terms are posted.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. These terms constitutes the legal agreement. Accordingly, those persons who choose to access the Site and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site and Services is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site and Services. If you are an Authorized User, you represent and warrant that you are over the age of 13, and in the event you are below the age of 13 you shall use the Services only under the supervision of a legal guardian or parent who agrees to be bound by these Terms. Any use or access to the Services by individuals under the age of 13 is strictly prohibited. The Services and  are not available to any users previously prohibited from using the Services by Threat Vision.

User Registration

You may be required to register with the Site and Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Limitations of the Service


While we aim for the Services to be highly reliable and available, they cannot be guaranteed to be reliable or available 100% of the time. The Site and Services may be subject to sporadic interruptions and failures for a variety of reasons including but not limited to internet connectivity, wi-fi signal strength,  lack of electricity, human error, device turned off, phone carrier issues, SMS delays, partial visibility of threat, objects with features similar to objects that indicate threats, lighting in the premises, camera not functioning, low camera quality, network bandwidth, angle or height of camera among other variables. You acknowledge these limitations and agree that us is not liable for any damages allegedly caused by the delay or failure of the Services.


The Services, when linked with Third-Party Products or Services or whether standing alone are not certified for any emergency response, unless expressly approved and certified by us. You understand that the Services, whether standing alone or interfaced with third-party Products or services, are not a third-party monitored emergency notification system. Further, you understand that under no circumstances we will dispatch emergency authorities to your location in the event of an emergency. You shall be responsible for dispatching emergency authorities to the location.

If you have any concerns or questions regarding the Site and Services, or these Terms, please contact our support. You understand and agree that any customer care and support offered and provided by us is not a substitute or replacement of 911 service or an emergency dispatch center. DURING EMERGENY PLEASE DO NOT CONTACT US WITH ANY MEDICAL EMERGENCY, LIFE/SAFETY EMERGENCY, OR ANY OTHER EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE 911, POLICE, FIRE DEPARTMENT, OR APPROPRIATE EMERGENCY RESPONSE SERVICE IN ANY EMERGENCY.

Third-Party Products and Services Integration

The Site and Services may provide you information regarding your third party Products or other peripherals connected to the Site and Services. Without limiting the generality of the disclaimers above, all third party product and peripherals information is provided for your convenience "as is", and "as available". We do not represent, warrant, or guarantee that product information will be available, accurate, or reliable.

We may share your information with one or more third party providers that are required for the Services to perform the intended services. For example, cloud services providers such as Amazon, Microsoft, Google. Hardware providers such as NVIDIA, Communication messaging providers such as Twilio, and others.

Once your information is shared with the Third-Party Services, it shall be governed by the third party's terms of use and privacy policy and not by Threat Vision's privacy documentation. You acknowledge and agree that we are not responsible for your use of any Third-Party Product or Services or any personal death, injury, any property damage, or any other harm or losses arising from or relating to your use of any Third-Party Services or Products.

Please note that you may be charged by third-party such as your cellphone provider for receiving or sending SMS/MMS text messages or for making phone calls using your cell phone.

Third-party Websites and Integration

The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your solely at own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the Products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such Products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In addition, you can only use our Services if they do not conflict or violate laws in your jurisdiction. By using our platform, you accept that you have sole responsibility that you or anyone you have authorize to  use or access the Site and Services does not violate any applicable laws.

The rights granted to you in these Terms of use are subject to the following terms : (i) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services; (ii) you agree not to host, transfer, sell, rent, lease, assign, license, distribute, or otherwise commercially exploit the Services; (iii) you agree not to disassemble, make derivative works of, modify, reverse compile, or reverse engineer any part of the Services (iv) you agree not to access the trade secrets Services in order to build a or competitive service or similar Product; (v) except as expressly stated herein, no part of the Services   may be reproduced, copied, republished , distributed, , downloaded, displayed, posted, or transmitted in any form or by any means; (vi) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product Software, or any other system, device or property; (vii) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (viii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by us; and (ix). Any future update, release, or other addition to functionality of the Services shall be subject to these Terms.

System-Requirements

The Services may not be accessible or may not optimally work without:

(i) a reliable and operational cellular or Wi-Fi or Ethernet based internet connection with sufficient bandwidth available for the device at all times;

(ii) one or more good quality camera with a minimum of 1280x960 resolution that is installed at correct angle, location, and zoom;

(iii) proper lighting that illuminates the objects and area that is being monitored;

 

(iv) our device is turned on and threatvision.ai software is running;
 

(iv) clean and non-cluttered area of monitoring; and

(viii) other system elements that may be specified by us.

 

You shall have to make sure that you have all the required system elements and that they are compatible and properly configured in order to efficiently use the Service. You acknowledge and agree that the Services may not work as described when the requirements and compatibility have not been met. In the event of any Interruptions to your Cellular or Wi Fi network or internet connection, the Services may be unavailable or unreliable for a minimum duration of the Service Interruption.
 
Intellectual Property Rights


You acknowledge that all intellectual property rights, including without limitation,  patents, copyrights, trade secrets, trademarks, and , in the Product, Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by us. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Site and Services, the Content and the Marks. Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, code, libraries, designs, audio, video, images, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") or generated or analyzed are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, shared, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You grant us  full and unconditional rights to the images from pre-during-post threat incidents that are captured, analyzed, or saved by our Site and Services. We may use these images to train human resources, train or improve artificial intelligence model, improve product and services, share with third-party, or for any such purpose that we deem appropriate.

Feedback

You may choose to, or we may invite you to submit comments, suggestions, about the Services or Product, including how to improve the Services. By submitting any feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, modify, copy, publish, the submission and its contents for any purpose and in any way without any compensation to you.

You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Threat Vision does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) login remotely to the Site and Service that may be assigned to your location to view, update, change, improve, correct, or enhance the Site and Services; (5) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (6) otherwise manage the Site and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services. The Site and Services may be suspended temporarily without any notice for security reasons, maintenance, system failure and repair, or any other reason in our sole discretion.

Reliability of Services

You acknowledge that the Services may not be 100% error-free or reliable and may not be always available. Proper functioning of the Services relies on multitude of factors such as but not limited to internet connectivity, wi-fi signal strength,  electricity supply, human interaction, device is turned on and threatvision.ai software is running, SMS services, clear visibility of threat, proper lighting and illumination of the monitoring area, quality and positioning of camera(s) assigned for monitoring, network bandwidth, among other variables, for which we shall not be held liable. Service may be delayed, refused, interrupted, or otherwise limited for various reasons, including but not limited to power outages, insufficient coverage, environmental conditions, termination of Service and access, non-payment of applicable fees and charges, interference, unavailability of reliable and fast internet connectivity, repairs,  system capacity, upgrades, or relocations. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY  CRITICAL PURPOSES OR LIFE SAFETY. MOBILE NOTIFICATIONS PERTAINING TO THE STATUS AND ALARMS ON YOUR SERVICES ARE PROVIDED FOR NOTIFICATION & INFORMATIONAL PURPOSES ONLY – WE OR OUR SERVIECS ARE NOT A SUBSTITUTE FOR 911 OR ANY OTHER EMERGENCY RESPONSE . IN THE EVENT OF A REAL EMERGENCY, PLEASE CALL 911 AS SOON AS POSSIBLE.

Installation, test and use

It shall be your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. In the event the Services are not installed or configured properly, or if any of your cameras or sensors are not positioned correctly, or not in the detection range, or have an obstructed view of monitoring area, or you have other objects in the camera view that have features similar to dangerous objects, you may experience false alarms or detection failures. You shall be responsible to test once the Products are installed to be sure that they are functioning properly. 

Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:

Attn: Copyright Agent
Email: customerservice--@--amizenlabs.com
Note: Please remove “--“ from the above email before sending an email.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the Canada, for any judicial district in which we are located; (3) a statement that you will accept Service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Term and Termination

These Terms shall remain in full force and effect while you use the Site and Services. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and Services, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use or participation in the Site and Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and Services. We also reserve the right to modify or discontinue all or part of the Site and Services without notice at any time. We will not be liable to you or any third party for any modification, interruption, price change, suspension, or discontinuance of the Site and Services.

We cannot guarantee the Site and Services shall be available at all times. We may experience hardware, software, or other glitches or need to perform maintenance related to the Site and Services, resulting in interruptions, delays, unavailability, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and Services during any downtime or discontinuance of the Site and Services. Nothing in these Terms will be construed to obligate us to maintain and support the Site and Services or to supply any corrections, updates, or releases in connection therewith. You agree that we will not be held liable for any temporary or permanent discontinuance of Site and Services.

Governing Law

These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York without regard to its conflict of law principles.

Exceptions to Informal Negotiations.


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


Amizen Labs, LLC. and you (such references include our respective predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Terms and Conditions between Threat Vision and you. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms and Conditions, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by this Terms and Conditions. If, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Threat Vision for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You and Threat Vision agree that YOU AND THREAT VISION MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

Corrections


There may be information on the Site and Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and Services at any time, without prior notice.

Disclaimer


We and our licensors and suppliers make no warranty that its Site and Services: (i) will be compatible with your Wi Fi network, computer or mobile device; (ii) will meet your requirements; (iii) will be available on an secure, uninterrupted, timely, or error-free basis; or (iv) will be reliable or accurate.

The Site and Services is provided on an as-is and as-available basis. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site and Services  and we assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and Services, (3) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) interruption or cessation of the Site and Services, (5) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site and Services by any third party, and/or (6) errors or omissions or for any loss or damage of any kind incurred as a result of the use of the Site and Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or Services advertised or offered by a third party through the Site and Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of Services. As with the purchase of a product or Services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

We do not warrant, guarantee, endorse, or assume responsibility for any service offered or advertised by any third party through or in connection with the Services (including, but not limited to, third party Products and services connected through the works with our platform) or any hyperlinked website or Services, and Amizen Labs, LLC. will not be a party to any transaction between you and third-party providers of such Products or Services.

Limitations of Liability


In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, loss of property, loss of life, injury, or other damages arising from your use of the Site and Services, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

You acknowledge and agree that this limitation of liability in this section shall apply even if we are found liable for any damage or loss due to breach of express or implied or limited warranty, breach of contract, negligence of any kind or strict product liability, degree, indemnification or contribution, subrogation or any other theory of liability.

Indemnification


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, directors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site and Services with whom you connected via the Site and Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Indemnity For Third-Party Actions


To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold us and our licensors and suppliers (collectively the "our parties") harmless from and against (i) actions, all claims, lawsuits and any other legal action brought by any third party against any of the our parties arising from or relating to (a) your use of the Services, (b) your violation of these terms, (c) any user submissions or feedback you provide; or (d) your violation of any law or the rights of any third-party (collectively "third party actions"); and (ii) any and all related losses, damages, settlements and judgments (including payment of our parties' costs, attorneys' fees) incurred by any of the our parties, assessed or found against any of our parties, or made by any of our parties, relating to or arising from any such third-party action ("third-party related losses").

Software Updates


You recognize and agree to the condition that the Site and Services may be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications may require us to login and work on the Site and Services whether they may be located at your location or in cloud without any advance notice or notifications.

User Data

We will maintain certain data that you transmit to the Site and Services for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site and Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Force Majeure


Any delay in or failure to perform any obligations by us shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control, including and limited to acts of the government authorities, acts of pandemics, Act of God, fire, flood, explosion, riots, war, rebellion, insurrection.

Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site and Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for delay, failure, loss or damage, any loss, damage, delay, or failure caused by your usage of the services provided on the Site and Services. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site and Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Email: Email: customerservice--@--amizenlabs.com

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Last updated: October 12th, 2021