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Terms of Service

Last updated: January 15th, 2023

This Agreement is made between Goyzer Technology Solutions LLC (hereinafter “GOYZER” or “Company” or “The Service” or “We” or “Our” or “Us”), and you or the entity that you represent (hereinafter “Subscriber” or “You” or Your”). You and GOYZER are each individually referred to as a “Party” and collectively as “Parties”. By accessing or using The Service you agree to be bound by these Terms of Service, and if you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your” shall refer to such entity. If you disagree with any part of the terms of Service then you do not have permission to access The Service. This Agreement is effective between You and Us as of the date of You accepting and signing up this Agreement, and shall continue from the commencement date for a period of twelve calendar months.

Use of The Service

Subject to Your compliance with these Terms of Service, GOYZER hereby grants you a revocable, non-exclusive, non-transferable, limited Subscription to access and use The Service solely for your business use. The rights granted to You under this Agreement during the Subscription Term entitle You to access some or all of The Service through a designated account. You are solely and fully responsible for maintaining the confidentiality of Your Account log-in details and for all activities that occur under your Account. Anyone with access to your Account will be considered to be users authorized by You. You should notify Us immediately of any unauthorized use or breach of the security of Your account.

Fees and Payment

The use of The Service is subject to a Subscription Fee(s), in accordance with the type and number of units and/or users selected by You as set forth in the Subscription Agreement. You will pay the Subscription Fees and other applicable Fees through an accepted payment method as specified on the Subscription Agreement. You agree to provide Us with complete and accurate billing and contact information for Yourself and Your organization, as applicable, and to keep such information updated and current at all times. The Fees for Subscription and any Additional Services (“Fees”) are payable in advance, irrevocable and non-refundable. Fees are based on services purchased and not actual usage. Payment obligations are non-cancelable, regardless of utilization by You. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.

Confidentiality

Each party agrees to protect the other party's Confidential Information from unauthorized disclosure, access or use in the same manner as it protects its own Confidential Information of similar nature or importance, but in no case less than reasonable care. Except as expressly directed by the other party, each party agrees that it will not at any time, during the term of the Agreement and for a period of three (3) years after the termination of the Agreement, disclose any Confidential Information to any third party, or use any of the Confidential Information for any reason except to the extent necessary to exercise its rights or perform its obligations under this Agreement. If the party receiving Confidential Information is required by law or court order or other governmental authority to disclose such Information, then the receiving party shall, to the extent legally permitted, notify the other party prior to any disclosure.

GOYZER may reference You as a user of The Service and use Your business name and logo in an appropriate and acceptable manner, in customer listings appearing on the company’s website and for other marketing and promotional purposes relating to The Services.

Intellectual Property Rights

No ownership rights are transferred to You under this Agreement. GOYZER alone (and its licensors, partners, where applicable) shall own and retain all right, title and interest in and to The Service, The Content, and GOYZER Technology including, but not limited to, all software, services, mobile applications, source code, functionality, updates, future releases, enhancement, procedures, feedback, customizations, enhancements, modifications, revisions, derivative work, user interfaces, know-how, techniques, designs, content, materials, documents, trademarks, logo, designs, and trade names associated with The Service or GOYZER Technology.

Termination and Suspension

Warranties and Disclaimer

THE SERVICE (AND ANY PART THEREOF) AND ANY OTHER ADDITIONAL SERVICES, MATERIALS OR CONTENT ARE PROVIDED TO YOU STRICTLY “AS IS” AND “AS AVAILABLE”. BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICE: (I) WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) WILL BE COMPATIBLE WITH YOUR COMPUTER, LAPTOP, MOBILE DEVICE OR NETWORK; (V) WILL BE COMPATIBLE WITH ANY THIRD PARTY PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY INTEGRATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE GOYZER SERVICE AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY GOYZER, AND ALL RESULTS OF SUCH USE IS SOLELY AT YOUR OWN RISK. WE EXERCISE NO CONTROL OVER AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH SUCH OFFERINGS.

Limitation on Liability

IN NO EVENT WILL GOYZER, OR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANYTHING ARISING OUT OR ANYWAY RELATED TO YOUR USE OF THE SERVICE FOR ANY FINANCIAL LOSSES, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, COVER, LOSS OF DATA OR LOSS OF BUSINESS, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER THEORY OF LIABILITY, OR WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless GOYZER and their directors, employees, agents, officers, licensors and partners from and against any and all claims, losses, damages, obligations, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising out of your use or misuse of a) your use and access of The Service, by you or any person using your account and password; b) any breach of these Terms of Service, c) Content posted on the Service, d) unauthorized access to and/or use of The Content and/or The Service.

Force Majeure

Except for Your obligation to pay Fees, neither party will be responsible for any failure or delay in performing its obligations due to causes beyond its control, which shall include without limitation acts of God, earthquakes, weather conditions, fires, floods, natural disasters, epidemics, civil disturbances, strike or other labor disturbances, changes in law, regulation or government policy, national or local emergency, insurrections, sabotage, embargos, wars, acts of terrorism, unavailability or interruption or delay internet, or telecommunication or third party services, or other occurrences which are beyond the party's the reasonable control.

Governing Law and Jurisdiction

The parties shall act in good faith to attempt to resolve any dispute or claim arising out of or related to this Agreement, including without limitation claims related to the use of The Service, performance, the interpretation, or validity of the Agreement, or the arbitrability of any dispute. In the event a mutually acceptable resolution cannot be reached within a reasonable time, the dispute shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre ("the DIFC Courts").

Modification to Terms

We reserve the right to modify these Terms of Service at any time by posting the modified version on its website. If a revision, at our sole discretion, is material We will provide at least 30 days notice prior to the effective date of the modifications being made. By continuing to access or use The Service after any revisions become effective, You will be deemed to have agreed to such modification through Your continued use of The Service. If you do not agree to the new terms, you are no longer authorized to use The Service.

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