TERMS AND CONDITIONS

Effective as of: 26/09/2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.

I. USAGE REQUIREMENTS.

You do not have to register to visit the Website. By using this Website, you represent and warrant that you are (i) at least eighteen (18) years of age, and (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such a corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such a corporate entity. We may condition your access or continued access to the Website by imposing eligibility requirements in addition to those listed above.

II. SCOPE AND PURPOSE OF THE INFORMATION ON THE WEBSITE.

When accessing the Website you gain access to information to all of the Services provided by Us to corporate entities, business clients and professionals. Please, note that the Services presented on the Website are not intended to be provided by us to private individuals (consumers). You would not be eligible to use the Services presented on the Website in your personal capacity as a private individual and for your personal use. If you are interested in any of the Services in your capacity as a representative of a legal entity or would wish to use them for your professional or business purposes, please contact us by emailing us at [e-mail address] in order to request more details regarding one or more of Our Services. Further to such a request we may prepare and provide you with a quote of the terms and conditions under which we would supply one or more of Our Services to a legal entity represented by you or to you for your business or professional purposes. You should not act or refrain from acting solely based on the materials contained on this Website. Any information included in this Website has been prepared without taking into account your objective or needs. Your access to this Website does not, in itself, create a relationship between You and Us for the supply of any of the Services described on the Website. For the avoidance of doubt to the contrary, the description of Our services contained on the Website is intended only for information purposes and shall not be construed as obligating Invictus Software Corp to supply any such service to You. Invictus Software Corp shall be obliged to supply one or more of the Services described on the Website only by virtue of a separate binding service agreement concluded by and between Invictus Software Corp and a legal entity or an individual who would use the services only for professional or business purposes.

III. INTELLECTUAL PROPERTY RIGHTS.

1. INTELLECTUAL PROPERTY RELATED TO THE WEBSITE

1.1 Intellectual Property Rights of Invictus Software Corp

We retain any and all registered or not registered proprietary or limited rights over any intellectual property related to the Website, including but not limited to all source codes, databases, functionalities, software, designs, industrial designs, audio, video, text, visual trademarks, service marks, and logos contained therein, any patents ("Intellectual Property") and rights deriving therefrom 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 in any jurisdiction or under international conventions.

1.2 Limited User’s Licence

If you have accepted the Terms, you are granted a limited, revocable, non-exclusive, non-sublicensable licence to access the Website and use it only on an "AS IS" basis and in strict compliance with these Terms. Except as expressly provided in these Terms, no part of the Intellectual Property protected by Intellectual Property Rights 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. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Website. All rights not expressly granted to you under these Terms are reserved to Us or our applicable licensor(s) or supplier(s), as applicable.

1.3 Trademarks

"Invictus Software Corp," the logo of Invictus Software Corp and any other product or service names, logos or slogans that may appear on our Website are trademarks of Invictus Software Corp and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Invictus Software Corp without our prior written permission, including without limitation any metatags or other "hidden text" utilising any trademark, product or service name of Invictus Software Corp. In addition, the look and feel of our Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Invictus Software Corp and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed through our Website are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

1.4 Submissions

You acknowledge and agree that any pictures, audio, video, questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by You to Us are non-confidential and shall become our sole property. To the maximum extent permitted by the applicable law, We shall own exclusive rights, including all Intellectual Property Rights. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to You. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original or that you have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. We can disclose your identity to any third party who is claiming that any content posted by you violates their intellectual property rights or their right to privacy. We can remove any posting you make on our website if, in our opinion, your post does not comply with Our content standards.

2. THIRD-PARTY CONTENT.

By accepting these Terms, You consent to the displaying of content provided by third parties, including advertisements and links to web pages of such parties, including but not limited to Facebook and Twitter links, 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"). We reserve the right to choose our advertisers and other third parties allowed to display content on the Website, as well as the content itself, without providing any warranties or recommendations for the services or products advertised by third parties or the reliability of the information displayed by such third parties on the Website. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. If you decide to leave the Website and access Third-Parties’ Websites or to use or install any Third-Party Content, You do so at your own risk, and You should be aware that these Terms do not govern Your relations with the third parties regarding the content displayed by them on the website. You should review the applicable Terms and Conditions, including privacy and data gathering practices, of any website to which you are navigated from the Website. Furthermore, we are not а Party to your legal relations with any third parties displaying advertisements or other content on the Website. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk. In this regard, we encourage You to personally research the third-party content displayed on the Website and the advertised products or services, and We do not bear any liability for damages or losses that the use of such might cause.

3. LIMITATION ОF THE LIABILITY OF INVICTUS SOFTWARE CORP

The information and materials on this Website are provided as general information only and have not been prepared to take into account your particular objectives or needs and are not suitable to be relied upon as personal product advice. Therefore, before acting on the basis of the information and materials on this site, you should consider whether the information and materials are appropriate for You, having regard to Your objectives and needs. Invictus Software Corp does not warrant that the Website will operate error-free or that it is free of computer viruses or similar contamination or destructive features. If your use of the Website or any content results in the need for servicing or replacing equipment or data, Invictus Software Corp will not be responsible for those costs. Invictus Software Corp is not liable for any damages including, without limitation, damage to your computer or computer system or settings, loss of data, revenue or profits, which you may suffer arising out of your use, delay in using, or inability to access this Website, or in any other way connected with this Website

IV. PROHIBITED ACTIVITIES.

You may not access or use the Website for any purpose other than that for which We make it available for. As a user of the Website, You agree not to:

1. circumvent, disable, or otherwise interfere with security-related features of the Website and the products listed thereon, including features that prevent or restrict the use or copying of any Intellectual Property or enforce limitations on the use of the Website and/or the Intellectual Property contained therein;

2. make improper use of our support services or submit false reports of abuse or misconduct;

3. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected thereto;

4. attempt to impersonate another user or person or use the username of another user;

5. restrict, discourage, or inhibit any person from using the Website, disclosing personal information about a third person on the Website obtained without the consent of that person, or collecting information about Users of the Website;

6. decipher, decompile, disassemble, prepare derivative work, or reverse engineer any of the software comprising or in any way making up a part of the Website;

7. attempt to bypass any measures of the Website designed to prevent or restrict access to the source code or any part of the Website in providing any portion of it to you;

8. delete the copyright or other proprietary rights notice from any content;

9. make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment or any other aspect of the Website or communications equipment and computers connected to the Website;

10. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

11. use the Website for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Website and/or the Services listed thereon

12. use the Website for any revenue-generating endeavour, commercial enterprise, or another purpose for which it is not designed or intended to be used;

13. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Website.

14. use the Website in a manner inconsistent with any applicable laws or regulations.

V. BREACH OF THE TERMS.

Without prejudice to Our other rights under these Terms, in case of a breach on your behalf, or if We reasonably suspect that You have breached these Terms in any way, We may temporarily suspend your access to the Website or permanently prohibit You from accessing our Website. In case You breach any of the terms provided herein, You acknowledge that you shall be solely responsible for any damages, losses, lost profits or any other indemnities that third parties may have against You or Us.

VI. MISCELLANEOUS.

1. TERM; MODIFICATIONS AND INTERRUPTIONS

These Terms shall remain in full force and effect while You use the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website 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 Website during any downtime or discontinuance that may take place. Nothing in these Terms will be construed to obligate Us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith. The Website is provided for use on an ‘AS IS’ and ‘AS AVAILABLE’ basis with no implied guarantees or warranties of any kind. You acknowledge that You use the Website at your own risk.

2. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement between us regarding the use of the Website and supersede and replace any prior agreements the Parties might have had in this regard.

3. INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, 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) use of the Website; (2) breach of these Terms; (3) any breach of your representations and warranties outlined in these Terms; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify You of any such claims, actions, or proceedings subject to this indemnification upon becoming aware of it.

4. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Website, sending Us emails, Submissions, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email, on the Website satisfy any legal requirement to qualify such communication to be in writing.

5. CHANGES TO THE TERMS AND CONDITIONS

We will update and amend the current Terms and Conditions when necessary to reflect changes to our Website and business model. When we post changes to this statement, we will revise the "Amended" date at the top.

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