These Terms of Service, together with any other terms and policies referenced herein that are incorporated by reference and form an integral part of this agreement, as amended from time to time (these “Terms”), constitute a legally binding agreement as of the Effective Date (as defined below), governing your access to and use of signotive and any related website owned or operated by RAYATT Australia Pty. Ltd., including but not limited to signotive.com and rayatt.com (collectively, the “Sites”), and the use of, and registration for, the signotive Service (defined below) via the Sites, a mobile application, or any other means. These terms and conditions apply to RAYATT Australia Pty. Ltd. (“RAYATT”, “us”, “we”, or “our”) and you, either personally or on behalf of your employer or any other entity you represent (“you” or “your”). If you are acting on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and comprehending these Terms, you agree to them on behalf of your employer or such entity, and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED TO BE AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE) IF YOU REGISTER FOR THE SERVICE USING YOUR EMPLOYER’S OR AN ENTITY’S EMAIL ADDRESS, AND (II) IF YOU ARE AN ADMINISTRATOR (AS DEFINED BELOW).

AS EXPLAINED IN SECTION 2 BELOW, THERE ARE VARIOUS TYPES OF USERS FOR THE SERVICE; THEREFORE, EXCEPT AS EXPLICITLY STATED OTHERWISE, “YOU” SHALL REFER TO CUSTOMERS AND ALL TYPES OF USERS. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THE

1. BY CLICKING A BUTTON OR CHECKING A BOX INDICATING ACCEPTANCE OF THESE TERMS; OR
2. (II) BY REGISTERING FOR, USING, OR ACCESSING THE SERVICE OR SITES, WHICHEVER COMES FIRST (THE “EFFECTIVE DATE”).

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY, PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE SERVICE OR THE SITES.

1. Our Service

(1.1.) Our Service: signotive is a cloud-based document generating service built on the monday.com platform (the “Service”).

(1.2.) Service Modification or Termination. We reserve the right to add, modify, or discontinue any feature, functionality, or other tools within the Service and/or Sites at our discretion and without prior notice; however, if we make any material adverse change to the Service’s core functionality, we will notify you via a post on the Sites and/or via the Service, or by sending you an email.

(1.3.) There is no stipulation for future releases and enhancements. You acknowledge that your purchase of the Service and/or Third-Party Services (as defined below) is not contingent on our delivery of any future functionality or feature, including, without limitation, the continuation of: (i) a particular Service beyond its current Subscription Term; or (ii) Third Party Services, or on any public comments we make, orally or in writing, regarding any future functionality or feature.

(1.4.) Acceptance of Terms. You represent and warrant that you are at least 16 years old by accessing and using the Sites and/or the Service. The Sites and/or Service are designed for users who are at least sixteen (16) years old. We reserve the right to seek evidence of age at any point to ensure that this paragraph is being followed.

2. Registration and administration of accounts.

(2.1.) Registration for an account. To register for the first time with the Service, you must first install it on your monday.com account. By creating a signotive account (“Account”) and enrolling for the Service, you become a RAYATT client (the “Customer”), either personally or on behalf of your employer or any other entity for which you created the Account. The Account’s initial user is automatically designated as the administrator (the “Admin”).

(2.2.) Your Registration Data When you create an Account or are added to an Account and create a user profile (the “User Profile”), you agree to: I provide us with accurate, complete, and current registration information about yourself; (ii) accept full responsibility for all activities that occur under your User Profile, including any integration or other use of third-party products or services (and associated data disclosure) in connection with the Service; and (iii) accept that you are fully responsible for all activities that occur under your User Profile. We may assume that any communications received through your User Profile are from you. The customer is fully responsible and liable for any losses, damages, liabilities, and expenses incurred by us or a third party as a result of unauthorized use of the Account by you or any other User or third-party acting on your behalf.

(2.3.) Verification by the User. You acknowledge and agree that we may request information from you in order to verify your identity and assist in securing your Account and/or User Profile. If you or an administrator lose access to an Account or otherwise request information about it, We reserve the right to request verification from you or such Admin (as the case may be) prior to restoring access to or disclosing information about such Account.

(2.4.) Account Administrators. The administrator(s) of an Account is deemed to be the Customer’s authorized representatives, jointly and severally, and any decision or action was taken by any Admin is deemed to be the Customer’s decision or action. An Admin may assign or add other Account members as Admins, which confer significant privileges and controls over your (and other Users’) use of the Account, including, without limitation: (i) control your (and other Users’) use of the Service; (ii) purchase, upgrade, downgrade, or cancel the Service; (iii) create, monitor, or modify Users’ actions and permissions; and (iii) manage access to, control, remove, share, or otherwise modify, all or part Additionally, you accept that your Account may be handled by a representative of the organization that owns or manages the email address domain associated with the creation or registration of your Account.

(2.5.) Additional Users. All non-Admin users are defined within the Service and collectively referred to as “Authorized Users” and “Users” with the admin. The features and functionalities made available to Users are decided by the subscription plan that governs such Account, and the Account Admin assigns and determines the privileges of each such Authorized User (s).

(2.6.) Authorized Users are accountable. Customer is solely responsible for understanding the Service’s settings, privileges, and controls and for determining who Customer permits to become a User and what those Users’ settings and privileges are, including without limitation, the right for a User to invite other Users (whether paid or unpaid), the right to incur charges on the Account, the right to access, modify, or share document templates, and so on. Customer is responsible for all of its Users’ activity, including any Order Forms they may place and their use of Customer Data, even if those Users are not affiliated with Customer’s organization or domain. Additionally, Customer understands that any activity made by a User of Customer’s Account is regarded to be an authorized action by Customer, and thus Customer waives any claim in this regard.

3. Your Customer Information.

(3.1.) Customer Information. Customer Data includes any data, file attachments, text, photos, reports, or other content that is uploaded or submitted, transmitted, or otherwise made available to or through the Service by you or any User and is handled by us on Customer’s behalf (the “Customer Data”). To avoid any misunderstanding, Anonymous Information (as defined below) is not considered Customer Data. The Customer retains all rights, titles, interests, and control in and to the Customer Data in its provided form to the Service. Customer grants us a worldwide, royalty-free, restricted license to access, use, process, copy, distribute, perform, export, and display the Customer Data, only for the purpose of reformatting Customer Data for display in the Service is a modified or derivative work; the preceding license covers the right to modify or create derivative works. The aforementioned license is granted solely for the purposes of: (i)maintaining and providing you with the Service; (ii) preventing or addressing technical or security issues and resolving support requests; (iii) investigating when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms; (iv) complying with a valid legal subpoena, request, or other lawful processes; and (v) as expressly.

(3.2.) Customer Data Compliance is Your Responsibility. You represent and warrant that: (i) you possess or have obtained all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein in connection with any Customer Data that you submit, post, or display on or through the Service; (ii) the Customer Data complies with and is subject to our Acceptable Use Policy; ; and (iii) the Customer Data complies with and is subject to our Acceptable Use Policy. The Customer Data you submit, your use of such Customer Data, and our use of such Customer Data, as set forth in these Terms, do not and shall not: (a) infringe or violate any third party’s patents, copyrights, trademarks, or other intellectual property, proprietary or privacy, data protection, or publicity rights; (b) violate any applicable local, state, federal, and international laws, regulations, and conventions, including those relating to data privacy and data protection; and Except as specifically stated in Section 6, we accept no duty or liability for Customer Data, and you are solely liable for Customer Data and the consequences of using, disclosing, storing, or sending it. It is explicitly specified that RAYATT will not monitor or moderate Customer Data, and no claim against RAYATT will arise as a result of RAYATT failing to do so.

(3.3.) No Personally Identifiable Information. You shall not submit to the Service any data that is protected by a special statute and requires special treatment, including, without limitation, I categories of data enumerated in European Union Regulation 2016/679, Article 9(1), or any comparable legislation or regulation in another jurisdiction; and (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation or regulation in another jurisdiction.

4. Submissions by Public Users.

(4.1.) Submissions by Public Users. Certain elements of the Service may enable you to publicly contribute comments, information, and other items (collectively, “Public User Submissions”) and share them with other Users or the general public. By submitting Public User Submissions via the Sites, you hereby grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display those Public User Submissions for any purpose, business, including without limitation, publicizing and promoting RAYATT, the Service, and/or the Sites, and for any other lawful purpose, in any media format (e.g., in-print, websites, electronically, broadcast), and you hereby waive, or to the extent in your Public User Submissions, you retain moral rights.

(4.2.) Public User Submissions are the user’s responsibility. You acknowledge and agree that: (i) you possess or have obtained all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein in connection with any Public User Submissions that you submit, post, or display on or through the Service; (ii) we have no control over, and are not responsible for, other content and/or submissions posted on our Sites and/or Service by third parties; and (iii) by using the Service and/or Sites,

5. License; Intellectual Property Rights.

(5.1.) Intellectual Property of Ours. The Service and Sites collectively referred to as “RAYATT Materials,” include materials such as software, application programming interfaces, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork, and other graphic materials, as well as names, logos, trademarks, and service marks (excluding Customer Data). Between you and RAYATT, RAYATT retains all rights, titles, and interests in and to the RAYATT Materials, including all intellectual property rights.

(5.2.) Client Reference. Customer acknowledges and accepts that RAYATT may use Customer’s name and logo to identify Customer as a RAYATT customer or User of the Service on RAYATT’s website, marketing materials, and in other public announcements. At any time, the customer may revoke this right by contacting legal@rayatt.com

(5.3.) Your Rights of Access and Use. Subject to the terms and conditions of these Terms and your strict compliance with them, including our Acceptable Use Policy, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Service and Sites solely for the Customer’s internal purposes during the applicable Subscription Term.

(5.4.) Restrictions on Use. Except as expressly permitted in these Terms, you may not, and shall not permit, an Authorized User or any third party to (i) give, sell, rent, lease, timeshare, disclose, assign, market, resell, display, transmit, broadcast, transfer, or distribute any portion of the Service or the Sites to any third party, including, but not limited to, your affiliates; or (ii) use the Service in any service bureau arrangement. (v) take any action that imposes or may impose an unreasonable or disproportionately large load on the RAYATT infrastructure or on the infrastructure that supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper functioning of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter RAYATT’s or a third party’s identification, attribution, or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display RAYATT’s or a third party’s logos without RAYATT’s prior written approval; (viii) use the Service or Sites for competitive purposes, including developing or improving a rival service or product; or (ix) promote or assist any third party (including other Authorized Users) in engaging in any of the foregoing.

(5.5.) Feedback. As a User of the Service and/or the Sites, you may provide suggestions, comments, feature requests, or other feedback to any of the Sites or the Service (“Feedback”). As such, such Feedback is deemed to be an intrinsic part of the RAYATT Materials and becomes the sole property of RAYATT, free of any restrictions or limitations on usage. RAYATT is free to implement or reject any Feedback without restriction or obligation. You (i) represent and warrant that the Feedback is correct, full, and does not infringe upon the rights of any third party; (ii) irrevocably assign to RAYATT any right, title, and interest you may have in such Feedback; and (iii) expressly and irrevocably waive any and all claims for past, present, or future moral rights, artists’ rights, or other similar rights, in or to such Feedback, worldwide.

6. Confidentiality and Security

(6.1.) Security. RAYATT uses appropriate security methods and procedures to help safeguard your Customer Data.

(6.2.) Privacy Statement. As a result of your access to or use of the Service and the Sites, we may collect, access, and store information about you. The use and share some Personal Data collected from and/or about you (as described in the Privacy Policy). For a description of such data collecting and usage procedures, please refer to our Privacy Policy, which is incorporated herein by reference.

(6.3.) Agreement on Data Processing (“DPA”). Additionally, by utilizing the Service, the Customer acknowledges our Data Processing Agreement, which governs the Processing of Personal Data (as those terms are defined in the DPA) on behalf of the Customer, if such Personal Data is subject to the General Data Protection Regulation 2016/679 (the “GDPR”).

(6.4.) Information that is not identifiable. Regardless of any other provision of these Terms, we reserve the right to collect, use, and publish Anonymous Information (defined below) about your use of the Service and/or Sites, and to disclose it for the purpose of providing, improving, and publicizing our products and services, including the Sites and Service, as well as for other business purposes. “Anonymous Information” refers to data that cannot be used to identify an individual, such as aggregated and analytical data. RAYATT owns all Anonymous Information that it collects or obtains.

7. Third-Party Services

(7.1.) Services Provided by Third Parties The Service enables you to engage and procure various third party services, goods, apps, and tools in conjunction with the Service, including, but not limited to, third-party applications and widgets supplied as part of our integrations offering (collectively, “Third Party Services”).

(7.2.) Relationship that is self-sufficient. You understand and agree that regardless of how such Third-Party Services are given to you, we just function as an intermediate platform between you and such Third-Party Services and are not responsible or liable in any way for any such Third-Party Services. Your relationship with such Third-Party Services, as well as the terms governing your payment for and use of such Third-Party Services, including without limitation the collection, processing, and use of your data by such Third-Party Services, are governed by a separate contractual arrangement between you and the provider of the Third-Party Service (the “Third Party Agreement”). We are not a party to or responsible in any way for your or the Third-Party Service provider’s compliance with the Third-Party Agreement.

(7.3.) Integration of a Third-Party Service and Customer Data Through the Service, you and any other Authorized User within the Account may enable integration of your Account, including boards within your Account (or a portion thereof), with Third-Party Services, allowing the exchange, transmission, modification, or removal of data between us and the Third-Party Service, including without limitation, Customer Data, the scope of which is determined by the applicable integration actions. You acknowledge that any access, collection, transmission, processing, storage, or other use of data, including Customer Data, by a Third Party Service is governed by the Third Party Agreement, including any applicable privacy policy, and that RAYATT is not responsible for any access, collection, transmission, processing, storage, or other use of data, including Customer Data, by a Third Party Service, or for the privacy and security practices of such Third Party Service. By integrating and/or using the Third Party Services, you acknowledge and agree that: (a) you are solely responsible for adhering to applicable privacy restrictions, laws, and regulations, including your use of the Third-Party Service and any other data activities you conduct or permit third parties, including the Third Party Service, to conduct; and (b) your activities and use of the data, as well as those of any other Users within the Account, may result in a modification. We shall bear no responsibility for any such alteration or deletion of data, whether in the Account with us or the linked Third-Party Service.

(7.4.) Conditions & Restrictions of Use. Both RAYATT and a Third-Party Service may impose additional conditions or limitations on your access to and use of certain Third-Party Services, including without limitation, a quota on the number of actions or other restrictions. Additional conditions or limitations will be noted where applicable within the Service or the Third-Party Service or will be communicated to you or any other relevant User of the Account through email or other means.

(7.5.) Reimbursement of Third-Party Services. Third-Party Services may be provided for free or for a fee, which may be collected directly by the Third-Party Service or by RAYATT. Where payment is required for a Third-Party Service, it shall be mentioned next to the offering of the Third-Party Service, unless the price is included in the Service’s Subscription Plan (as described below). When RAYATT charges Customer directly and not as an agent for the Third-Party Service, the payment terms, including fee payment, renewal, and refund policy, are regulated by Sections 8 and 9 of this Agreement. When RAYATT charges Customer on behalf of Third-Party Services, Customer acknowledges that RAYATT acts solely as an intermediary in facilitating or collecting applicable fees and taxes from Customer for the Third-Party Service and that all payment-related issues, including fee payment, renewal, and refund policies, are governed by the Third Party Agreement.

(7.6.) Modification of Fees. Customer accepts that RAYATT and any Third-Party Service provider may change the pricing for the Third-Party Service at any time, including by placing a new charge on a previously free Third-Party Service.

(7.7.) Third-Party Service Termination. RAYATT and the Third-Party Service each reserve the right to terminate your use of or suspend the availability of any Third-Party Service at any time and without explanation or notice. This discontinuation may result in the inability to use certain Third-Party Service features and actions in conjunction with our Service.

(7.8.) Links. The Sites, Service, and/or Third-Party Services may contain links to websites operated by third parties that are not owned or managed by us (the “Links”). You acknowledge that we have no control over the content, privacy policies, or practices of any third-party websites and disclaim any responsibility for them. You are solely responsible and liable for your use of and links to third-party websites, as well as any content you send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your, and, in the case of a Customer, all Users’, use of any third-party website. As such, we encourage you to carefully read the terms and conditions and privacy policies of any third-party websites that you visit.

(7.9.) Liability Restrictions. RAYATT ASSUMES NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION, THEIR OPERABILITY OR INTEROPERABILITY WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION, AND PROCESSING PRACTICES, AND THE QUALITY OF THEIR OFFERINGS, AS WELL AS ANY ACTS OR OMISS

THE OPERATION AND PRACTICES OF SUCH THIRD-PARTY SERVICES, AS WELL AS THEIR RESPECTIVE THIRD-PARTY AGREEMENT, MEET YOUR REQUIREMENTS.

8. Subscription Period, Renewal, and Payment of Fees.

(8.1.) Order Form: Our order form may be completed and submitted in a variety of ways, including online, through product screens, or through any other mutually agreed-upon offline form delivered to RAYATT by Customer or any other User, including via mail, email, or any other electronic or physical delivery mechanism (the “Order Form”). This Order Form will detail, at a minimum, the Service requested, the subscription plan selected, the period of the subscription, and the associated payments.

(8.2.) Term of Subscription. The Service is offered on a subscription basis for the duration specified in your Order Form, in accordance with the subscription plan selected in such Order Form (the “Subscription Term” and “Subscription Plan,” respectively, and collectively the “Subscription”).

(8.3.) Fees for Subscription. Customer shall pay us the applicable fees per purchased Subscription (excluding for Trial Service) as specified in the applicable Order Form (the “Subscription Fees”). Unless otherwise specified, Subscription Fees are expressed in US dollars. Customer hereby allows us to charge such Subscription Fees via Customer’s specified payment method on the due date, either directly or through our payment processing service. Unless otherwise specified below, the Subscription Fees are non-refundable. We reserve the right to modify the Subscription Fees at any time, with notification to the Customer, if such modification might affect the renewal of the Customer’s existing subscriptions. If we are unable to collect the Fees owing by the Customer, we may (but are not bound to) retry collection at a later date and/or suspend or cancel the Account without notice.

(8.4.) Taxes. The Subscription Fees are exclusive of any and all taxes (including, but not limited to, value-added tax, sales tax, use tax, excise, goods and services tax, and others), levies, or duties imposed in connection with these Terms or the purchase or sale of the Service hereunder (the “Taxes”), with the exception of Taxes on our income. If Customer is located in a jurisdiction that requires Customer to deduct or withhold taxes or other amounts from any amounts owed to us, please notify us promptly in writing and we will work with you to avoid any such Tax withholding, provided, however, that Customer shall bear sole responsibility and liability for such Tax, which should be deemed added on top of the Subscription Fees payable by Customer.

(8.5.) Upgrade Your Subscription. Customer may upgrade its Subscription Plan during the Subscription Term by (i) adding Authorized Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding add-on features and functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Subscription Upgrades”). Certain Subscription Upgrades or other adjustments may be treated as a new purchase, restarting the Subscription Term, while others may not, as specified in the Service and/or the Order Form. Customers will be billed for any additional charges incurred as a result of a Subscription Upgrade. The applicable increased Subscription Fees, at our then-current rates (unless otherwise specified in an Order Form), either (1) prorated for the remainder of the then-current Subscription Term, or (2) whenever the Subscription Term is restarted as a result of the Subscription Upgrade, the Subscription Fees already paid by Customer will be subtracted from the new upgraded Subscription Fees, and the difference shall be due and payable by Customer on the date.

(8.6.) User Additions. Customer accepts that unless Customer disables these settings, I Users within the same email domain will be able to join the Account automatically; and (ii) Users inside Customer’s Account will be able to invite other persons to join the Account as Users (collectively, “Users Increase”).

(8.7.) Excessive Utilization. We reserve the right, in our sole discretion, to offer the Subscription at a different price and/or impose further restrictions on the upload, storage, download, and use of the Service, including, without limitation, restrictions on Thin Client.

(8.8.) Billing. As a condition of registering for the Service or submitting billing information, the Customer agrees to provide us with current, accurate, and complete billing information, and Customer authorizes us (directly or through our affiliates, subsidiaries, or other third parties) to charge, request, and collect payment (or to otherwise charge, refund, or take any other billing action) from Customer’s payment method or designated banking account, as well as to make any inquiries we may commission.

(8.9.) Auto-Renewal of Subscriptions. To ensure that the Customer’s Subscription does not experience any interruption or loss of services, the Customer’s Subscription includes an automatic renewal option by default. Unless the Customer disables the auto-renewal option or cancels the subscription prior to its expiration, the Subscription will automatically renew at the end of the then-current Subscription Term for a renewal period equal to the original Subscription Term (excluding extended pe (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term). As a result, unless either Customer or us cancels the Subscription prior to its expiration, we shall seek to charge Customer the appropriate Subscription Fees upon or immediately prior to the then-current Subscription Term’s expiration. If Customer desires to avoid such auto-renewal, Customer may cancel his or her Subscription (or disable the auto-renewal option) at any time prior to its expiration via the Account settings or by contacting us. Unless otherwise specified in these Terms, if a client cancels its Subscription within the Subscription Term, the subscription will not automatically renew for a further term, and the Customer will not be refunded or credited for any portion of the Subscription Term that is not used.

(8.10.) Discounts and Special Offers. Unless expressly indicated otherwise in a separate legally binding agreement, Customer understands that if Customer obtained a special discount or other promotional offers, RAYATT will renew its Subscription at the then-current relevant Subscription Fee.

(8.11.) Credits. Any credits that may accrue to Customer’s Account for any reason (the “Credits”) will expire and be of no further force and effect upon the earlier of: I the expiration or termination of the applicable Subscription under the Account for which such Credits were given; or (ii) the lapse of 90 days from the date such Credits were accrued. Unless otherwise specified, Credits may be used solely to pay for the Services and not for any Third-Party Service or other payment of any type. When fees are due for any Services, accrued Credits will be applied first to the Subscription Fees, with the remaining balance being charged to the Customer’s designated payment method. Credits will have no monetary value (save for the limited terms indicated below) or exchange value and will be non-transferable or refundable.

(8.12.) Payment is made through the Reseller. If Customer purchased a Service through a reseller or distributor authorized by us (“Reseller”), then to the extent that these Terms conflict with the agreement entered into between Customer and the Reseller, including any purchase order (“Reseller Agreement”), these Terms shall prevail between Customer and RAYATT. Any rights provided by such Reseller Agreement to Customer and/or any other User that are not expressly stated in these Terms apply only in connection with the Reseller. The customer must then pursue redress, realization, or enforcement of such rights exclusively via the Reseller, not through RAYATT. To be clear, Customer and its Users’ access to the Service is contingent upon our receipt from Reseller of payment of the applicable Fees. The customer acknowledges that we may, at our discretion, allocate billing for the Subscription Fees to us, in which case Customer will pay the appropriate Subscription Fees directly to us.

9. Policy on Refunds; Chargebacks.

(9.1.) Policy on Refunds If Customer is dissatisfied with its original purchase of a Service, Customer may cancel such Service by providing us with writing notification within 30 days of placing the initial order (the “Refund Period”). If Customer cancels such first purchase of a Service during the Repay Period, we shall refund Customer the Subscription Fees paid in connection with such canceled Subscription in the same currency in which we were initially paid (the “Refund”). The Refund applies only to the Customer’s initial purchase of the Service and not to any subsequent purchases, upgrades, modifications, or renewals of such Service. Please keep in mind that the Refund amount may differ from the amount charged to the Customer owing to currency fluctuations and third-party fees, such as wire transfer fees, and we shall not be liable for any variations resulting from currency exchange rate fluctuations or third-party fees incurred by Customer. Subscription Fees are non-refundable and non-cancellable after the Refund Period. To the extent authorized by law, we reserve the right to deny the Customer’s Refund request if we determine that the notice of cancellation was submitted in bad faith or in an illegal attempt to avoid payment for Services received and enjoyed.

(9.2.) Services that are non-refundable. Certain Services may be non-refundable in their whole. In this case, we will mark the Services as non-refundable, and the Customer will not be entitled to, and we will not be obligated to, terminate the Service and issue a refund.

(9.3.) Chargeback. If we record a decline, chargeback, or other rejection of a charge for any due and payable Subscription Fees on Customer’s Account (“Chargeback”), this will be considered a breach of Customer’s payment obligations hereunder, and Customer’s use of the Service may be disabled or terminated, with such use not resuming until Customer re-subscribes for any such Service and pays any applicable Subscription Fees in full, including any fees and expenses.

10. Pre-Released Services; Trial Services

(10.1.) Trial Service. We may, from time to time, offer a free, no-obligation trial version of some or all of our Services (“Trial Service”). The Trial Service will remain active for the duration specified in the Service or in an Order Form unless either Customer or we terminate it earlier for any reason or no reason. We reserve the right to change, terminate, or restrict this Trial Service at any time and without notice or liability to you. In the case of a Trial Service that is a trial version of the Subscription Plan (the “Trial Subscription”), we reserve the right to change the Account web address at any time and without prior written notice upon termination of the Trial Subscription.

(10.2.) Services that have been pre-released. Take note that from time to time, we may offer certain Services in Alpha or Beta versions (the “Pre-Released Services”), and we will make reasonable efforts to identify such Pre-Released Services. Pre-Released Services are those that are still in development, and as such may be inoperable or incomplete, contain errors, experience disruptions, and/or perform less than expected.

(10.3.) Governing Terms and Conditions for Trial and Pre-Released Services The Trial Service and Pre-Released Services are governed by these Terms, except that, notwithstanding anything to the contrary in these Terms or elsewhere, with respect to the Trial Service and Pre-Released Services (i) such services are licensed hereunder on a “As-Is,” “With All Faults,” and “As Available” basis, with no warranties, the express or inferred, of any sort; (ii) our indemnification commitment set forth in Section 16.2 shall not apply; and (iii) IN NO EVENT SHALL RAYATT, ITS AFFILIATES, OR ITS THIRD-PARTY SERVICE PROVIDERS’ TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS (INCLUDING THE SITES, THE SERVICE, AND THE THIRD-PARTY SERVICES) EXCEED US$100. We make no representations or warranties regarding the availability of any Trial Service and/or Pre-Released Services to you or the general public.

11. Suspension; Term and Termination.

(11.1.) Term. These Terms remain in full force and effect from the Effective Date until the end of the Service underlying the Account, whether paid or unpaid, unless otherwise specified in these Terms.

(11.2.) Termination for Good Reason. Customer or we may terminate the Service and these Terms on written notice if the other party commits a material breach of these Terms and fails to cure the breach within a reasonable cure period, which shall not be less than 10 days following receipt of written notice from the non-breaching party; or (b) ceases business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 45 days.

(11.3.) Customer cancellation. Customer may cancel its subscription to the Service by cancelling the Service and/or deleting the Account, provided that such cancellation does not relieve Customer of its duty to pay applicable Subscription Fees, except if such cancellation occurs during the Refund Period. Unless Customer and we mutually agree otherwise in a written instrument, the effective date of such termination will be the end of the then-current Subscription Term, and Customer’s obligation to pay the Subscription Fees through the end of such Subscription Term will remain in full force and effect, and Customer will not be entitled to a refund for any pre-paid Subscription Fees.

(11.4.) Effects of Service Termination. Customer’s Subscription and any rights granted to you hereunder will cease upon termination or expiration of these Terms, and we reserve the right to alter the Account’s web address. The customer is solely responsible for exporting Customer Data prior to termination or expiration. If Customer does not delete Customer Data from the Account, we may continue to store and host it until either Customer or we, in our sole discretion, delete such Customer Data, and during such period, Customer may continue to make limited use of the Service in order to export the Customer Data (the “Read-Only Mode”); however, please note that we are not obligated to maintain the Read-Only Mode period, and thus such period may be terminated by us. Customer accepts the foregoing and that it is solely responsible for exporting and/or deleting Customer Data prior to the termination or expiration of these Terms, and as a result, we will have no liability to Customer, nor to any User or third party, in connection therewith. Unless otherwise specified herein, termination or expiration of these Terms will not relieve Customer of its duty to pay any outstanding Subscription Fees.

(11.5.) Survival. Sections 2.6 (Responsibility of Authorized Users), 3 (Customer Data), 6 (Privacy and Security), 7 (Third Party Services), 8 (Subscription Term, Renewal, and Fees Payment) in relation to unpaid Subscription Fees, 10.3 (Term and Termination; Suspension), 11 (Term and Termination; Suspension), 12 (Confidentiality), 13 (Warranty Disclaimer), 14 (Limitations of Liability),

(11.6.) Suspension. Without limiting our termination rights, we may choose to temporarily suspend your Account and/or a User Profile (including any access thereto) and/or our Service in the following circumstances: (i) we believe, in our sole discretion, that you or any third party is using the Service in a manner that poses a security risk, may cause harm to us or any third party, and/or may expose us or any third party to liability; (ii) we believe, in our sole discretion, that you or any third party is the suspension rights set forth above are in addition to any other remedies available to us under these Terms and/or applicable law.

12. Confidentiality.

(12.1.) Confidential Data. Each party (“Disclosing Party”) may disclose non-public business, product, technology, and marketing information in connection with these Terms and the Service (including the evaluation thereof), including without limitation, customer lists and information, know-how, software, and any other non-public information that is either identified as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. To avoid doubt, (i) Customer Data is considered Confidential Information, and (ii) our Site, Service, Trial Service, and/or Pre-Released Services, including their underlying technology and performance information, as well as any data, reports, and materials we provided to you in connection with your evaluation or use of the Service, are considered Confidential Information. Confidential Information does not include the following: (a) information that is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) information that was known to the Receiving Party prior to the Disclosing Party disclosing it without breach of any obligation owed to the Disclosing Party; (c) information that is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) information that was independently.

(12.2.) Undertakings by the Receiving Party to Maintain Confidentiality. The Receiving Party will (i) take reasonable steps to prevent unauthorized disclosure or use of Confidential Information and will restrict access to Confidential Information to those employees, affiliates, service providers, and agents who require access on a need-to-know basis who are subject to confidentiality obligations at least as stringent as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as required to be disclosed to the Receiving Party’s legal or financial advisors or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure is subject to confidentiality obligations.

(12.3.) Obligatory Disclosure. Regardless of the foregoing, Confidential Information may be disclosed in response to a court, administrative agency, or other governmental body order or requirement; provided, however, that the Receiving Party shall use reasonable efforts to provide prompt written notice of such court order or requirement to the Disclosing Party in order to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

13. Disclaimer of Warranties.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR ELSEWHERE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(13.1.) EXCEPT AS EXPRESSLY STATED HEREIN, THE SITES AND THE SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY SERVICE PROVIDERS) HEREBY DISCLAIM ANY AND ALL REPRESENT

(13.2.) WE AND OUR VENDORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICE AND SITES, INCLUDING ACCESS TO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. WE AND

(13.3.) EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM, (I) THAT OUR SERVICE (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF A CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, TIME) OR COMPLY WITH APPLICABLE LAWS; AND/OR (II) WITH RESPECT TO ANY CONTENT, INFORMATION, REPORTS, OR RESULTS OBTAINED THROUGH THE SERVICE AND/OR THE SITES.

14. Liability Limitation.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR ELSEWHERE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(14.1.) NEITHER PARTY AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) SHALL BE LIABLE UNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) ANY LOSS OF PRO

(14.2.) EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION) HEREIN, YOUR PAYMENT OBLIGATIONS HEREUNDER, OR BREACH OF OUR ACCEPTABLE USE POLICY BY YOU OR, IN THE CASE OF A CUSTOMER, ANY OF THE USERS UNDERLYING ITS ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE

15. Specific Laws; Reasonable Risk Allocation.

(15.1.) Specific Legislation. Except as expressly stated in these Terms, we make no representations or warranties regarding the appropriateness of your use of the Service in your jurisdiction. Except as expressly stated herein, you are responsible for complying with all applicable local and/or specific laws that apply to your use of the Service.

(15.2.) Risk Allocation That Is Reasonable You acknowledge and confirm that the liability limitations and warranty disclaimers contained in these Terms have been agreed upon by you and us and that we both believe that such limitations and risk allocation are commercially reasonable and appropriate for our business. Both you and we rely on these limitations and risk allocation when deciding whether to enter into these Terms.

16. Indemnification.

(16.1.) Customer-driven. Customer agrees to indemnify, defend, and hold harmless RAYATT and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses, or costs (collectively, “Losses”) incurred as a result of any third party claim arising out of I Customer’s and/or any of its Users’ violation of these Terms or applicable Law; and/or (ii) Customer Data, including RAYATT’s use

(16.2.) By RAYATT. RAYATT agrees to defend Customer, its affiliates, officers, directors, and employees, against any third-party claim or demand alleging that Customer’s authorized use of the Service infringes or constitutes misappropriation of a third party’s copyright, trademark, or registered US patent (the “IP Claim”), and to indemnify and hold Customer harmless against any damages and costs finally awarded on such IP Claim by a court of competent jurisdiction. RAYATT’s indemnification obligations under this Section 16 shall not apply if: (i) the Service (or any portion thereof) was modified by Customer, any of its Users, or any third party, except to the extent that the IP Claim would have been avoided had such modification not occurred; or (ii) the Service is used in conjunction with any other service, device, software, or product, including, without limitation, Third Party Services, except to the extent that such IP Claim would have been avoided had such combination not Without limiting the foregoing defence and indemnification obligations, if RAYATT believes that the Service, or any part thereof, may infringe, RAYATT may, in its sole discretion: (i)obtain the right to continue using the Service (at no additional cost to you); (ii) replace or modify the allegedly infringing part of the Service so that it becomes non-infringing while providing substantially equivalent performance; or (iii) if RAYATT determines that the THIS SECTION 16.2 STATES RAYATT’S SOLE AND ENTIRE LIABILITY, AS WELL AS YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY BY RAYATT AND/OR ITS SERVICE OR UNDERLYING TECHNOLOGY.

(16.3.) Conditions of Indemnity. The indemnifying party’s defence and indemnification obligations under this Section 16 are subject to the following: I the indemnified party shall promptly provide written notice of the claim for which indemnification is sought, provided that such indemnitee’s failure to do so will not relieve the indemnifying party of its obligations under this Section 16, except to the extent the indemnitee’s failure is due to the indemnifying party’s failure to provide such notice.

The indemnifying party’s defence is materially harmed as a result; (ii) the indemnifying party is given immediate and exclusive control over the defence and/or settlement of the claim, provided, however, that the indemnifying party shall not enter into any compromise or settlement of any such claim that requires any monetary obligation or admission of liability on the part of the indemnitee, or any unreasonable responsibility or liability on the part of the indemnitee, without the prior written consent of the indemnitee.

17. Third Parties Components Provided by Our Service Providers

Our Service includes third-party codes and libraries that are subject to third-party open-source license terms (the “Open-Source Code” and the “Open-Source Terms”, respectively). Certain of these Open-Source Terms provide that they take precedence over any conflicting licensing terms, including these Terms, to the extent relevant to the respective Open-Source Code licensed thereunder. We make every effort to identify such Open-Source Code within our Service; however, we strongly encourage Customers to become familiar with such Open-Source Terms. Note that we make every effort to use only Open-Source Codes that do not impose any obligations or adversely affect Customer Data or related intellectual property (beyond what is stated in the Open-Source Terms and herein) when used in the ordinary course of our Service without modification, distribution, or independent use of such Open-Source Code. Notwithstanding anything to the contrary, we give no warranty or indemnity hereunder with respect to any Open-Source Codes.

18. Export Controls.

The Service may be subject to Israeli, United States, or foreign export controls, laws, and regulations (the “Export Controls”), and you acknowledge and confirm that: (i) you are not located in or using, exporting, re-exporting, or importing the Service (or any portion thereof) in violation of the Export Controls; and (ii) Customer is solely responsible for complying with applicable Export Controls, which may impose additional restrictions. (iii) Customer Data is not regulated in the United States. International Traffic in Arms Regulations or comparable laws in other jurisdictions, or otherwise requires any special authorization or license for its use, import, export, or re-export under this Agreement.

19. Modifications.

At times, we may amend these Terms for legitimate reasons, such as adding new functions or features to the Service, making technical adjustments, correcting typographical errors, or complying with legal or regulatory requirements, or for any other reason, we deem necessary, in our sole discretion. When we manufacture materials.

If we make changes to these Terms, we will notify the Customer as appropriate under the circumstances, such as by displaying a prominent notice within the Service or sending an email to the Customer. Continued use of the Service following the implementation of the changes constitutes acceptance of the changes.

20. Use by the government.

If the Customer is a resident of the United States If Customer is a federal, state, or municipal government agency, department, or other entity (a “Government Customer”), the conditions of this Section 20 shall apply to Customer. Government Customer’s technical data and software rights in connection with the Service are limited to those typically granted to the general public as defined in these Terms. The Government Customer accepts that the Service qualifies as “Commercial Computer Software” and “Commercial Computer Software Documentation,” as defined in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, respectively.

§227.7204. If a Government Customer requires rights not expressly provided in the Terms, it must negotiate with us to establish mutually acceptable terms for granting those rights, and any applicable agreement must contain a mutually acceptable written addendum expressly giving those rights. Under applicable copyright laws, all unpublished rights are reserved. Any provisions of these Terms that conflict with any relevant law that applies to a Government Customer shall be limited to the extent authorized by such applicable law.

21. Statute of Limitations and Jurisdiction; Class Action Waiver and Mandatory Arbitration

(21.1.) Jurisdiction; Governing Law. These Terms and any action taken in connection with them will be controlled and interpreted in accordance with the laws of the Dubai International Financial Centre, without regard for any conflict of laws considerations requiring the application of the law of another jurisdiction. The DIFC Courts shall have exclusive jurisdiction and venue over all disputes and claims arising out of or in connection with these Terms. You and we agree that these Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods. RAYATT reserves the right, notwithstanding the foregoing, to seek injunctive relief in any court in any jurisdiction.

(21.2.) Waiver of Class Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RAYATT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY IN ITS OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and RAYATT agree, no arbitrator or judge may consolidate more than one

(21.3.) Arbitration. To the extent permitted by law, you and RAYATT hereby agree irrevocably to the following provisions:

(21.3.1.) Resolution of Disputes and Arbitration Any dispute, claim, or controversy between you and us arising out of or in any way connected with these Terms (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination or expiration of these Terms) will be resolved exclusively through mandatory binding arbitration. There is no judge or jury in arbitration, and judicial review of an arbitration ruling is limited. However, an arbitrator has the authority to award the same damages and remedies as a court (including injunctive and declaratory relief or statutory damages) and is bound by these Terms in the same way that a court is.

(21.3.2.) Exception. Despite clause 21.3.1 above, you and RAYATT agree that nothing in this agreement will be construed as waiving, precluding, or otherwise limiting either of our rights to seek injunctive relief in a court of law at any time. Additionally, and notwithstanding clause 21.3.1 above, RAYATT may bring a lawsuit against you in a court of law to resolve intellectual property infringement claims.

(21.3.3.) Rules for the Arbitration Process Arbitration may be initiated by either you or us. Arbitration between you and us will be finally resolved in accordance with the International Chamber of Commerce’s (the “ICC”) then-current Rules of Arbitration (the “ICC Rules”) by a single arbitrator appointed in accordance with the ICC Rules. The arbitration will take place in Dubai, United Arab Emirates, and will be conducted in English. Unless a mandatory law of any jurisdiction requires otherwise, the law to be applied in any arbitration will be the law of the Dubai International Financial Centre, without regard for choice or conflict of law principles. The arbitration proceedings should be expedited and shall conclude within 60 days. The arbitration shall be conducted in the strictest confidence. The Arbitrator’s award shall be conclusive and binding on the parties. The arbitral award is enforceable in any competent court. Any motion to enforce or vacate an arbitration award brought pursuant to this agreement shall be kept as confidential as possible.

(21.3.4.) Exception to the Statute of Limitations. Any arbitration must be initiated by filing a demand for arbitration within two years of the date on which the party asserting the claim first becomes aware or reasonably should become aware of the act, omission, or default giving rise to the claim; and no claim not asserted within that time period shall be entitled to any remedy. If the underlying law precludes such a limitation period for asserting claims, then any claim must be asserted within the shortest time period authorized by the applicable law.

(21.3.5.) Notification; Procedure. A party seeking arbitration must first deliver a written notice of the disagreement to the other party through certified mail or Federal Express (signature needed), or by electronic mail, if we do not have your physical address on file (“Dispute Notice”). The Dispute Notice must contain the following information: (i) the nature and basis of the claim or dispute; and (ii) the precise remedies sought. We promise to make good faith attempts to resolve the claim directly, but if we are unable to do so within 30 days of receipt of the Dispute Notice, either you or we may initiate an arbitration action. During the arbitration, the arbitrator shall not be informed of the amount of any settlement offer made by you or us until after the arbitrator renders a final decision and award if any. Without limiting the generality of the confidentiality protection set forth in Section 21.3.3 above, the recipient shall keep all documents and information disclosed during the arbitration strictly confidential and shall not use them for any purpose other than the arbitration or the enforcement of the arbitrator’s decision and award, and shall not disclose them except in confidence to persons with a need to know for such purposes. Except as required to enforce the arbitrator’s decision and award, neither you nor we shall make any public announcement or comment or initiate any publicity regarding the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any arbitrator’s decision or award.

22. General Provisions

(22.1.) Versions in Other Languages. For your convenience, these Terms have been prepared in English and translated into various languages. If a translated (non-English) version of these Terms disagrees with their English version in any manner, the English version’s provisions shall take precedence.

(22.2.) Excessive Force. Neither we nor you will be liable for any failure or delay in performing its obligations due to events beyond a party’s reasonable control, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action.

(22.3.) Relationship of the Parties; No Third-Party Beneficiaries. The parties are self-employed. The parties do not form a partnership, franchise, joint venture, agency, fiduciary, or employment relationship as a result of these Terms or the Service provided hereunder. These Terms are not intended to benefit any third party.

(22.4.) Notice. Subject to this Section 22.4, we will use the contact information we have on file for you in connection with providing you with notices. Our contact information for any notices is listed below. You acknowledge that we may provide you with notices in connection with these Terms and/or the Service in the following ways: through the Service, including through posting on our Sites or in your account, SMS, in-app notification, e-mail, phone, or first class, airmail, or overnight courier. Additionally, you accept that electronic notification satisfies all applicable legal notification requirements, including the requirement that such notification be in writing. Any notice to you will be deemed given at the earliest of the following: I receipt; or (ii) 24 hours after delivery. Notifications to us must be sent to RAYATT Australia Pty. Ltd., Attn: Chief Executive Officer, at legal@rayatt.com.

(22.5.) Assignment. These Terms, and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, if you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all your assets or voting rights, except for an assignment to a competitor of RAYATT, and provided you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. Without your consent or prior notice, we may assign our rights and/or obligations under this Agreement and/or transfer ownership rights and title in the Service to a third party. These Terms, subject to the preceding conditions, shall bind and benefit the parties, their respective successors, and permitted assigns. Any assignment made in violation of this Section 22.5 is null and void.

(22.6.) Severability. These Terms shall be enforced to the utmost extent permitted under relevant Law. If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the court will modify and interpret the provision in order to achieve the original provision’s objectives to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

(22.7.) There is no waiver. No party’s failure or delay in exercising any right granted by these Terms constitutes a waiver of that right. No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorized representative of the party asserting the waiver.

Last modified on January 4, 2022.