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THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE. BY CLICKING “I AGREE” TO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ARE ACCEPTING THESE TERMS ON BEHALF OF YOURSELF, INCLUDING, WITHOUT LIMITATION, THE MANDATORY ARBITRATION PROVISION IN SECTION 15. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE SOFTWARE.
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Please carefully review the disclosures and disclaimers set forth in Section 13 in their entirety before using the Software. The information in Section 13 provides important details about the legal obligations associated with your use of the Software.
1. Description of the Software
1.1. NoDe is a GC(“Google Cloud”) image that allows you to run a Hyperledger Indy node to help provide part of a self-sovereign identity ecosystem on top of a distributed ledger. Agents, such as Holdr+ (a digital identity wallet (“Wallet”)), third-party service providers, or government agencies (“Verifiers”) may access the distributed ledger to verify the issuer of a credential. Indicio does not backup or duplicate your node. To prevent loss of data, it is required that you backup your NoDe.
1.2. To join a network, you’ll need to contact the network administrator for the network you would like to join and follow their instructions for configuring the GC image containing the Software provided by Indicio to conform to that network.
1.3. To leave a network, you’ll need to contact your network administrator then follow their instructions. After having your node removed from the network, you may delete your node.
2. Use of the Software
2.1. As a condition to accessing or using the Software, you represent and warrant to Indicio the following:
(a) you are at least 18 years old or of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
(b) you are not a resident, national, or agent of Afghanistan, Balkans, Belarus, Burma, Cuba, Democratic Republic of Congo, Central African Republic, Ethiopia, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Somalia, Sudan, South Sudan, Syria, Crimea Region of Ukraine, Russia, Venezuela, Yemen or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
(c) you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State (collectively, “Sanctions Lists Persons”); and you will not use our Software to conduct any illegal or illicit activity;
(d) your access to the Software is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Indicio, you, the Software, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.
(e) If you use the Software to add a node to any network not owned by you (e.g. Indicio’s DemoNet, TestNet, or MainNet), you agree to abide by the requirements set forth by the owner of that network. For example, Indicio’s requirements are in the Transaction Author Agreement (TAA), found here: https://github.com/Indicio-tech/indicio-network/tree/main/TAA.
(f) Your node Software might be remotely upgraded at any time based on the sole discretion of the network administrator for the network that your node has joined.
3. Fees and Price Estimates
3.1. We charge a fee for using Indicio NoDe. This charge is in addition to the usage fees charged by the cloud service provider, and information regarding these fees can be found on NoDe’s product page in the respective service provider’s marketplace.
4. Prohibited Activity
4.1. You may not use the Software to engage in the categories of activity set forth below (“Prohibited Uses”). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. If you are uncertain as to whether or not your use of the Software involves a Prohibited Use or have other questions about how these requirements apply to you, then please contact us at email@example.com. By using the Software, you confirm that you will not use the Software to do any of the following:
(a) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law, including but not limited to use of Indicio’s intellectual property, name, or logo, including use of Indicio’s trade or service marks, without express consent from Indicio or in a manner that otherwise harms Indicio, or any action that implies an untrue endorsement by or affiliation with Indicio;
(b) use the Software in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Software, or that could damage, disable, overburden, or impair the functioning of the Software in any manner;
(c) circumvent any content-filtering techniques, security measures or access controls that Indicio employs on the Software, including, without limitation, through the use of a VPN;
(d) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Software or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, rootkit, shutdown mechanism or other harmful material into the Software;
(e) provide false, inaccurate, or misleading information while using the Software or engage in activity that operates to defraud Indicio, Issuers, Verifiers, or other users of the Software, or any other person;
(f) use or access the Software to transmit or exchange plain text or Credentials that are directly or indirectly affiliated with any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
(g) use the Software in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
(h) use the Software from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Software is prohibited;
(i) harass, abuse, or harm another person or entity, including Indicio’s employees, Issuers, Verifiers, and service providers;
(j) impersonate another User or Node Operator of the Software or otherwise misrepresent yourself; or
(k) encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 4 or any other provision of these Terms.
5. Proprietary Rights
5.1. Subject to these Terms, Indicio grants you usage of this Software in accordance with the Apache Open Source License, found here: https://opensource.org/licenses/Apache-2
5.2. Indicio reserves the right, at any time, to modify, suspend, or discontinue the Software (in whole or in part) with or without notice to you. You agree that Indicio will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Software, or any part thereof.
6. Third-Party Links
6.1. Indicio may provide links to other World Wide Web or accessible apps, software, applications, or resources via the Software, related websites, or social media posts. You acknowledge and agree that Indicio is not responsible for the availability of such external apps, applications, software or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such apps or resources. You further acknowledge and agree that Indicio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such app, software, or resource, including other Issuers and Verifiers.
7. Modification, Suspension, and Termination
7.1. We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Software, in whole or in part, for any reason whatsoever.
7.2. Upon termination of your access, your right to use the Software will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to the Software or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Software.
7.3. Subject to this Section, these Terms will remain in full force and effect while you use or access the Software. We may suspend or terminate use of or access to the Software for any User, at any time, and for any reason in our sole discretion, including for any use of the Software in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Software will terminate immediately. The following sections of these Terms will survive any termination of your access to the Software, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 6 through 17.
8. Accuracy of Information
8.1. We attempt to ensure that the information that we provide on the Software is complete, accurate and current. Despite our efforts, the information on the Software may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Software.
9.1.The Software is operated on a Hyperledger Indy based blockchain and remains under development, which creates technological and security risks when using the Software in addition to uncertainty relating to your use of the Software. You acknowledge and understand that the Software is subject to flaws and that you are solely responsible for evaluating any code provided by the Software. These risks include, among others, an incorrect display of information on the Software in the case of server errors. You acknowledge that these risks may have a material impact on your transactions using the Software. This warning and others Indicio provides in these Terms in no way evidence or represent an on-going duty to alert you to all of the potential risks of using or accessing the Software. You acknowledge and agree that you will access and use the Software at your own risk.
9.2. Although we intend to provide accurate and timely information on the Software, the Software and other information available when using the Software may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Software are your sole responsibility.
9.3. We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests. The Software could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Indicio to continue to make available any portion(s) of the Software which rely on any Indicio proprietary software and, thus, could impede or limit your ability to access or use the Software.
9.4. You hereby acknowledge and agree that Indicio will have no responsibility or liability for the risks set forth in this Section 9. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Indicio, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks set forth in this Section 9.
10. Personal Data
11.1. You will defend, indemnify, and hold harmless Indicio, its affiliates, and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Software; (b) your violation of these Terms; or (c) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Indicio (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Indicio wishes to settle, and if so, on what terms, and you agree to cooperate with Indicio in the defense.
12. Disclosures; Disclaimers
12.1. Indicio shall not be responsible in any way for any transactions you enter into with other users. You agree that Indicio will not be liable for any loss or damages of any sort incurred as the result of any interactions between you, Issuers, Verifiers, other Node Operators, and other Users.
12.2. You acknowledge that your data on the Software may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.
12.3. The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the applicable Law of the jurisdiction in which you reside.
12.4. THE SOFTWARE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND INDICIO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
INDICIO DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT INDICIO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INDICIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF INDICIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
14.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
14.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Dispute Resolution & Arbitration
15.1. Please read this Arbitration Agreement carefully. It is part of your contract with Indicio and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between Indicio and any user that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Indicio, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms will affect the right of any party to serve process in any other manner permitted by Law. After the Notice is received, you and Indicio may attempt to resolve the claim or dispute informally. If you and Indicio do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Indicio made to you prior to the initiation of arbitration, Indicio will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or Indicio pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Indicio, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Indicio.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND INDICIO IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Indicio.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Indicio may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo of pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
16. Governing Law
16.1. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Software, will be governed by and construed and enforced under the laws of the State of Delaware, as applicable, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the state and federal courts located in Delaware will have exclusive jurisdiction. You waive any objection to the venue in any such courts.
17. General Information
17.1. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Software. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective one (1) day following the earlier of our dispatch of an email notice to you (if applicable) or one (1) day following our posting of notice of the changes on our Software. These changes will be effective immediately for new users of our Software. Continued use of our Software following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
17.2. You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or the use of the Software. You agree that we may provide our Communications to you by posting them on the Software or by emailing them to you at the email address you provide in connection with using the Software, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Software at firstname.lastname@example.org
17.3. Any right or remedy of Indicio set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of Indicio in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
17.4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
17.5. We will have no responsibility or liability for any failure or delay in performance of the Software, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
17.6. You may not assign or transfer any right to use the Software, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
17.7. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
17.8.These Terms contain the entire agreement between you and Indicio, and supersede all prior and contemporaneous understandings between the parties regarding the Software.
17.9. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
17.10. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to the Agreement other than the Indemnified Parties.
17.11. A waiver by Indicio of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Indicio and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
17.12. Copyright © 2023 Indicio, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Software are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
17.13.For any questions, comments, or feedback, you may contact us at any of the following channels:
© 2023 Indicio, PBC All Rights Reserved