Terms of Service

Last updated: 3/5/2024

TransHelix Service, Inc. (“Amosuite” or “we”) welcomes you! 

These Terms of Service (“Terms”) apply to the Software and the provision of the Software by Amosuite to you (“you”), where “Software” means and includes our website, available via the following link: https://www.amosuite.com/ or any successor domain (“Website”), our web-based platform (“Platform”), our mobile application, available through the Apple App Store and Google Play (“App”), our software products, servers, services, and features.

❗ WARNING!

PLEASE PAY CLOSE ATTENTION TO THE PROVISIONS OF SCOPE OF LICENSE, WARRANTIES AND DISCLAIMERS, LIMITATION OF OUR LIABILITY, YOUR LIABILITY, AND INDEMNIFICATION SECTIONS. 

YOU MUST READ THE TERMS CAREFULLY, RESPONSIBLY, AND EXHAUSTIVELY BEFORE ACCESSING AND USING THE SOFTWARE AND REGULARLY DURING YOUR ACCESSING AND USING THE SOFTWARE. 

IF YOU DISAGREE WITH THESE TERMS, PLEASE DO NOT APPLY FOR THE USE OF THE SOFTWARE, STOP USING THE SOFTWARE, AND DELETE THE SOFTWARE, WHERE APPLICABLE.

Our Privacy Policy describes our collection and use of personal data connected to your access to and use of the Software.

If you have any questions or comments about these Terms, please contact us.

Content

  • About Us
  • Entire Agreement
  • Website Use
    • Our Services
    • Scheduling a Demo
    • Calls Recording
  • Onboarding
  • Use License and Payment Terms
    • Trial Mode
    • Buy-Out and Subscription
    • Additional Fees
    • Payment Terms
    • Subscription Change, Renewal, and Cancellation
    • Withdrawal and Refunds
    • Improper Payments
    • Scope of License
  • Content and Intellectual Property
    • AmoSuite’s Content
    • User Content
  • Third-Party Websites and Services
    • AI Features
  • Warranties and Disclaimers
  • Limitation of Our Liability
  • Your Liability
  • Indemnification
  • Force Majeure
  • Applicable Law and Jurisdiction
  • Electronic Communications
  • Termination
    • Termination by AmoSuite
    • Termination by You
    • Termination Consequences
  • Miscellaneous

About Us

Name

TransHelix Service, Inc.

Registration Number (Filing ID)

2017-000773607

Address

30 N Gould St Ste R, Sheridan, WY 82801

Email

info@amosuite.com – for general inquiries

privacy@amosuite.com – for privacy inquiries

Our customer support team is happy to assist you. You can contact us via the email addresses listed above or via the relevant functionality of the Software, where applicable.

Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.

PLEASE NOTE THAT OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO BIND US OR TO CONTRAVENE THESE TERMS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR INFORMATION PROVIDED BY OUR CUSTOMER SERVICE REPRESENTATIVES THAT GOES BEYOND OR CONTRADICTS THE INFORMATION PROVIDED HEREIN.

Entire Agreement

These Terms and any other legal documents hosted through, or accompanying, the Software, including the Privacy Policy, constitute:

  • the entire legally binding agreement between you and AmoSuite (individually – “Party” and collectively – “Parties”) regarding the access to and use of Software; and
  • our public offer regarding your use of the Software under the conditions set forth below.

By accessing and/or using the Website in any way, you voluntarily, knowingly, and explicitly represent and warrant that:

  • you have fully read the Terms, fully understand the Terms, have sufficient legal capacity, and undertake to comply with the Terms to the fullest extent applicable to the use of the Website;
  • if you do not have full legal capacity, you use the Website exclusively under the supervision of parents or guardians;
  • you have no restrictions on access and use of the Website in accordance with the laws applicable to these Terms and laws of the state (or territory) of your registration, residence, or stay;
  • you agree to comply with the Terms and all applicable laws each time you use the Website.

By installing the App, you voluntarily, knowingly, and explicitly:

  • represent and warrant that you have fully read the Terms, fully understand the Terms, have sufficient legal capacity, and undertake to comply with the Terms to the fullest extent applicable to your use of the App;
  • give full and unconditional consent (acceptance) to comply with the Terms during the entire period of your use of the App, where the acceptance is equivalent to the conclusion of an agreement (contract) between you and us on the use of the App, in electronic form, on the terms specified below;
  • confirm that because the Terms, in the part related to the use of the App, are an agreement of adhesion, the terms of such agreement do not deprive you of the rights that you would normally have, nor do they contain any other terms that are burdensome to you;
  • where applicable, confirm that you are eligible age regardless of the age marks provided by the platform where the App is listed;
  • confirm that your use of the App does not conflict with the laws applicable to these Terms and laws of the state (or territory) of your registration, residence, or stay;
  • confirm that you agree to comply with the Terms and all applicable regulations throughout your use of the App.

By using the Platform and all other pieces of the Software (other than the Website and App), including by clicking the respective check-box, you voluntarily, knowingly, and explicitly:

  • represent and warrant that you have fully read the Terms, fully understand the Terms, have sufficient legal capacity, and undertake to comply with the Terms to the fullest extent applicable to your use of the Software;
  • give full and unconditional consent (acceptance) to comply with the Terms during the entire period of your use of the Software, where the acceptance is equivalent to the conclusion of an agreement (contract) between you and us on the use of the Software, in electronic form, on the terms specified below;
  • confirm that because the Terms, in the part related to the use of the Software, are an agreement of adhesion, the terms of such agreement do not deprive you of the rights that you would normally have, nor do they contain any other terms that are burdensome to you;
  • where applicable, confirm that you are eligible age;
  • confirm that your use of the Software does not conflict with the laws applicable to these Terms and laws of the state (or territory) of your registration, residence, or stay;
  • confirm that you agree to comply with the Terms and all applicable regulations throughout your use of the Software.

If you represent a corporation, company, or other legal entity and wish to use the Software on behalf and for a business you represent, you further certify that you are eligible to legally bind the represented business, grant AmoSuite all permissions and licenses under these Terms, and disclose information about that business.

Website Use

Our Services

You can learn more about the Software, the services, features, and benefits we provide via the Software, commercial, and specific peculiarities of the use of the Software using the materials on the Website.

Scheduling a Demo

You can schedule the call with us under the terms described on the Website via the relevant functionality.

You may choose among the available dates and time slots we offer. Please note that the spots are offered under the respective time zones. So, take it into account during your day scheduling or if the arranged call is missed, you will have to reschedule the call.

If the call is unavailable due to our reasons, we will notify you, and we can reschedule the call for the date and time we mutually agreed.

The calls are free within the length displayed on the Website, however, your communication operator (-s), if any, may apply the tariff under the terms of servicing. 

Calls Recording

At our sole discretion and with a written, oral, or technical warning to you, we may record the calls with you scheduled using the Website.

By tapping the “Submit” button (or equivalent, to request the scheduling of a call with us) on the Website, you confirm that you are duly informed, aware of, have no claims, demands, or objections, and provide us with all necessary licenses, legal consents, and any other permissions on:

  • the recording of the video and sound during the demo calls between you and us; and
  • the use of such recordings by us (or by our affiliates, team members, and subcontractors) in any manner applicable for, but only and strictly within, the further use of the Software by you, if any, or assessing such possibility, the ensuring the ordinary course of business, and the execution of the rights and obligations under the laws applicable to AmoSuite; and
  • the storing of such records during the use of the Platform by you, if any, and seven (7) years after, and if none of the use will be launched, – we will store them for seven (7) years after the call occurs.

Upon your written request, we may:

  • stop the recording and continue the call without recording; 
  • delete the records made during the calls (in that case, we shall bear no liability for any consequences caused by the non-ability to use the information on those recordings).

If any other persons are the participants of the calls at your initiative, you shall obtain from each of them all necessary licenses, legal consents, and any other permissions equivalent to those provided herein.

You can read more about the rules of personal data processing in our Privacy Policy.

Onboarding

To start the use of the Platform, servers, services, and features available on the Platform, you have to successfully pass the Required Procedures and properly follow the technical instructions provided by AmoSuite.

You hereby acknowledge that AmoSuite or our authorized service providers are entitled to request some information from you to comply with the applicable laws, regulations, or internal policies. 

During the onboarding process and furtherly during the use of the Platform, servers, services, and features available on the Platform, at the request of AmoSuite or our authorized service providers, you must comply with verification, KYC, AML, or any other required procedure (collectively – “Required Procedures”), including by providing the requestor with the accurate, updated, and exhaustive requested information and supporting documents. 

You and AmoSuite may conclude the non-disclosure agreement (NDA) if so is agreed by the Parties to process the onboarding process.

You hereby provide AmoSuite and our authorized service providers with exhaustive rights and permissions to keep a record of the received information and documents. 

If so specified by AmoSuite, the completion of the Required Procedures is one of the requirements to start or continue using the Platform, servers, services, and features available on the Platform. 

The failure to comply with the procedures’ requirements (including, untimely or incomplete provision of requested information or documents) leads to the unavailability to use the Platform, servers, services, and features available on the Platform for you.

Please provide full, accurate, and complete information during the onboarding process and Required Procedures and keep it up-to-date.

Also, please note that after the provision of access to the Platform for you, you: 

  • are solely responsible for the safekeeping and security of your access credentials; and 
  • must not transfer or assign your access rights to any third party without the prior written consent of AmoSuite on that matter; and 
  • shall bear the responsibility for any and all uses of the Platform, servers, services, and features available on the Platform subject to the login-in or access by your access credentials; and
  • are solely responsible for ensuring that the use of the Platform, servers, services, and features available on the Platform does not contravene the laws, rules, or regulations applicable to you.

Please immediately contact us if:

  • you have lost access to the Platform;
  • you know or have any reason to suspect that someone has gained access to the Platform using your access rights without your authorization; 
  • your access credentials have been lost, stolen, misappropriated, or otherwise compromised;
  • you want to extract and/or delete your data within the procedure of the termination of the Platform use.

You may provide your employees or other members of your team with access to the Platform by the Platform functionality. You are solely responsible for their actions as for your own.

Use License and Payment Terms

The Platform is available for use in the desktop or mobile (through the App) versions.

The App, compatible with macOS, iOS, iPadOS, or Android, is available for download through the Apple App Store and Google Play, respectively. Please note that to use the App you must use versions of macOS, iOS, iPadOS, or Android, respectively that meet the requirements specified on the respective platform.

Trial Mode

During and within the onboarding process AmoSuite may, at our sole discretion, provide you with a free-of-charge license to use the Platform with a limited set of features as may be provided or canceled by AmoSuite for a limited period of time.

Buy-Out and Subscription

Except for the trial mode, specified above, the use of the Platform, servers, services, and features available on the Platform is on a paid-for basis, under the buy-out or subscription terms.

Under the buy-out option, the Parties may agree on the provision of the set of servers, services, or features available through the Platform subject to the one-time payment by you to AmoSuite. If the Parties have mutually agreed, the stated payment may be split into a few installments with particular due dates. Please note that you must properly make the stated payment regardless of your use of the Platform, servers, services, or features available through the Platform, and regardless of termination of the use of the Platform. The Parties may conclude the separate written customer agreement to specify the detailed terms for the buy-out option and the use of the Platform, servers, services, or features available through the Platform.

Under the subscription option, the Parties may agree on the provision of the Platform, servers, services, and features available on the Platform under one of the then-currently available subscription plans that provide the renewable ability of the use (subject to the regular payment of the then-current subscription fees, including any taxes, customs, and charges, if applicable). To learn more about the subscription plans, please follow the link. The Parties may conclude the separate written customer agreement to specify the detailed terms for the subscription and the use of the Platform, servers, services, or features available through the Platform.

Additional Fees

The additional features and functionalities may be provided by AmoSuite to you for the additional payments. Also, some of the additional fees are required for the functionality of the Platform.

Payment Terms

We reserve the right to change the subscription plans and the list of the features under them at any time. Should these changes significantly impact your use of the App, we will ensure you receive adequate notice.

Also, AmoSuite reserves the right to revise the subscription fees at any time, giving adequate notice of changes before they become effective. Your continued use of the Platform after the effective date of such change will constitute your agreement to pay the updated fees. If you do not agree to pay the updated subscription fees, you can cancel your subscription.

The payment of the buy-out fee (or split payments) is to be made through the wire transfer to AmoSuite’s account specified in the respective invoice (-s). The payment (-s), in this case, shall be deemed made from the moment the proper sum of funds is credited to AmoSuite’s account.

The payments of the subscription fees, as a rule, are charged automatically, via ACH. The payment (-s), in this case, shall be deemed made from the moment the proper sum of funds is debited from your connected account. Please note that the third-party payment services provider (-s) may collect the payments. In these cases, you are subject to the terms and conditions and privacy policy (-ies) of such third-party payment services provider (-s). We are not responsible for the processing of your personal data by such a provider (-s). You hereby authorize us to initiate any relevant payments you owe to us due to these Terms.

Please note that if you pay in a currency that is different from the currency in which the fees are quoted, the bank or any other financial institution or payment processor, who facilitates the payment process, may apply their current exchange rate and/or add commissions and fees on top of our fees.

Also, please note that the fees and/or any other charges applied by the bank or any other financial institution or payment processor, who facilitates the payment process, are to be paid by you separately from the buy-out fee or subscription fees.

All payments under these Terms are exclusive of any other mandatory payments (taxes, duties, etc.), which you’re responsible for, if applicable.

Subscription Change, Renewal, and Cancellation

You can change the subscription plan at any time through by contacting us.

Your subscription will automatically renew for the subsequent period of time, and you will be charged a subscription fee for the subsequent subscription period unless you cancel the subscription.

To cancel your subscription, please contact us.

Withdrawal and Refunds

Please note in advance that the payments made under these Terms are not subject to a withdrawal and/or refund, unless otherwise specified in the separate written customer agreement concluded between AmoSuite and you. Nevertheless, we may review your specific case at our own discretion. For more information about the withdrawal and/or refunds, please contact us.

Improper Payments

Provided you fail to make the required payment or in case of delay in payment (for more than two (2) months), AmoSuite is entitled to immediately suspend your access and/or use of the Platform, servers, services, and features available through the Platform, and terminate your use of the Platform.

Scope of License

Subject to your compliance with these Terms, we grant you a limited, temporary, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to use the Software under and in accordance with its functionality on the device (-s) that you lawfully own or control in the manner provided for in these Terms for personal non-commercial or internal business purposes.

Under this license, you must not:

  • sell, lease, rent, license, sublicense, or otherwise distribute the Software; 
  • copy, decompile, disassemble, translate, or reverse engineer the Software; 
  • reproduce, publish, transmit, write or develop any derivative software, make an attempt to derive the source and object code of, modify, or create derivative works of the Software, and its updates, unless it’s directly authorized by AmoSuite;
  • provide, disclose, divulge, or make available to, or permit the use of the Software by any third party without AmoSuite’s prior written consent;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AmoSuite or our providers or any other third party (including another user) to protect the Software;
  • use the Software for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
  • use the Software for illegal purposes or for purposes not specified herein or in the separate written customer agreement between AmoSuite and you;
  • change or delete any of our ownership notices from the Software and any materials downloaded or printed from the Software.

If you are a business customer, we allow you to authorize the users within your business (team members) to use the Platform in accordance with these Terms. You acknowledge and agree that you are responsible in full for the acts and omissions of such users to the fullest extent permitted by the applicable law.

AmoSuite may provide upgrades, modifications, updates, or additions to the Software during this license. The terms of this license shall be applied to any such upgrades, modifications, updates, or additions unless they are subject to a separate license that would accompany them.

If you violate the terms of this license, your license to use the Platform shall be automatically.

We reserve all rights not expressly stated in these Terms. We will enforce our intellectual property rights and use any remedy available under the applicable law.

Content and Intellectual Property

AmoSuite’s Content

The Software is owned or legitimately used by us. 

All materials of the Software, including texts, images, design, graphics, logos, icons, audio and video recordings, interfaces, software, trademarks, trade names, other information, and data, as well as materials that will become available to you in the course of the use of the Software (collectively – “Content”), as well as copyright and other intellectual property rights in such Content, are owned by us or posted or used with the consent of the rightsholder (-s).

The Content and any of its elements must not be used in any manner outside of these Terms without our prior written consent or the written consent of the respective rightsholders.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to view, access, and use the Content under the conditions stipulated herein.

We are entitled to periodically update and modify the functionality of the Software. The license set forth herein applies to any updates and modifications unless otherwise notified by us.

You are prohibited and must not reproduce, publish, distribute, modify, create derivative works of, or otherwise use the Content for any illegal and/or commercial purpose (without our prior written consent). You agree not to alter or remove any of our proprietary notices from materials downloaded or printed from the Website, Platform, App, software products, servers, services, and features.

User Content

Any content that you publish or upload using the Software, in particular, leave your feedback and comments or communicate with other users, is the “User Content.”

You retain ownership, including intellectual property rights, of your User Content, if any was before the respective publishing or uploading. By submitting your User Content to us, you automatically grant us and warrant that you have the right to grant us, a limited, non-exclusive, royalty-free, revocable, transferable, and sublicensable license, without limitation of scope, to access, use, copy, reproduce, publication, public display, processing, and distribution of such User Content in the course of the functioning of the Software and for other purposes that do not conflict with these Terms and applicable laws.

We have the right to, but are not obligated to, and are not responsible for, monitoring your User Content.

Any User Content must:

  • be truthful and reliable;
  • do not violate these Terms and laws applicable thereto.

If your User Content violates the above terms or otherwise may be harmful or undesirable to us, users of the Platform, or third parties, our administrator may remove such User Content.

By sharing any User Content, you hereby represent and warrant that:

  • the distribution of your User Content does not violate the property and moral rights of third parties, including copyright, trade secret rights, and other intellectual property rights;
  • you are the sole and exclusive owner of all User Content that you distribute, or have all rights, licenses, consents, and permissions necessary for such distribution;
  • you allow us and other users of the Platform to use your User Content in any way provided for by the functionality and these Terms;
  • you are responsible for all personal and proprietary data that may be contained in the User Content you post (such as addresses, photos of people, their phone numbers, etc.).

Third-Party Websites and Services

The Software may contain links to third-party websites and services that we do not control.

Please note in advance that we are not responsible for the content and functions that may be offered on third-party websites or services. You use them at your own risk and responsibility. We are not liable for any damages or other liabilities arising from your use of such third-party websites or services, or information or materials available through such websites or services.

Please note that other terms of use (or their equivalents) and privacy policies (or their equivalents) apply to your use of third-party websites and services. In no case, we are responsible for personal data processed by third-party websites and services.

Also, access to and use of other websites and services that we own or operate are subject to other terms of use posted on such websites and services and are not governed by these Terms.

AI Features

The Platform may include additional optional features powered by artificial intelligence (“AI Features”) that may be facilitated by an external AI service provider. For detailed information about how the AI features work and how your data is processed, please refer to our Privacy Policy.

By using the AI Features, you agree and acknowledge that:

  • you with this provide us with all necessary consent, approval, permissions, and agreements (required under any confidentiality obligations between you and us) to disclose, share, and use your confidential information during and within your use of the AI Features, and, consequently, all and any such actions and their results shall not be deemed as violations of any confidentiality obligations by us);
  • the AI Features are provided to you “as is” with no warranties or representations of any kind; 
  • it is your sole responsibility to ensure your compliance with all applicable laws and regulations in connection to the use of the AI Features and the generated outputs;
  • the AI Features may generate output that contains inaccurate, unreliable, or offensive content and you must evaluate the output before relying on or otherwise using it;
  • you shall not use the AI Features in a way that infringes, misappropriates, or violates any third-party rights; 
  • we may, at our sole discretion, impose limits on the use of the AI Features at any time;
  • you shall not use the AI Features in a manner that violates the policies of the external AI service provider;
  • you shall not mislead any person that the output generated by the AI Feature was human-generated;
  • you shall not use the AI Features to create, train, or improve (directly or indirectly) a similar foundation or large language learning model or other generative artificial intelligence service, reverse engineer, extract, or discover the AI Features’ data, models, model weights, algorithms, safety features, or operation.

If you do not agree with any of the foregoing, you must refrain from or discontinue using the AI Features.

Please note that the AI Features may not be available to users from certain countries or territories because of legal restrictions, for example, local rules or regulations or policies of the external AI service provider.

Warranties and Disclaimers

The Software is provided to you “as is.”

To the fullest extent permitted by law, we disclaim all warranties concerning the Software, its functionality, and Content (including the results of your using the AI Features and the generated outputs), including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.

You must not consider and treat the results of your using the AI Features and the generated outputs as any services provided by us, and also you must not consider and treat them as any results of the professional consultants. Please note that you have to use any results of your using the AI Features and the generated outputs while bearing the sole responsibility for that. 

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the Software. We do not warrant that the operation of the Software will be uninterrupted or secure, that any defects will be corrected, or that the Software will be free of viruses or other harmful elements.

We do our best to keep your data safe and secure and maintain the Software’s functionality. However, the Software may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use passwords or other information for login or identification caused by the above.

Limitation of Our Liability

TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, WE SHALL NOT BE HELD RESPONSIBLE IF ANY INFORMATION, MATERIALS, PRODUCTS, OR CONTENT IS AVAILABLE THROUGH THE SOFTWARE OR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS IN THE TEXT OR OTHER MATERIALS.

IN NO EVENT SHALL WE, OUR AFFILIATES, OUR SUBCONTRACTORS, OR ANY OTHER TEAM MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, OR DAMAGE TO PROPERTY, RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE OR CONTENT. WE, OUR AFFILIATES, OUR SUBCONTRACTORS, OR ANY OTHER TEAM MEMBERS SHALL NOT BE LIABLE FOR DAMAGE CAUSED BY THE USE OF INFORMATION OR FEATURES OBTAINED THROUGH THE SOFTWARE OR CONTENT, AS WELL AS A RESULT OF ERRORS, DEFECTS, AND INTERRUPTIONS IN THE SOFTWARE, EVEN IF WE WERE NOTIFIED OF SUCH DAMAGE.

WE ARE NOT LIABLE FOR ANY RESULTS OF YOUR IMPLEMENTATION, USE, AND APPLICATION OF THE SOFTWARE IN YOUR ACTIVITY.

THE ABOVE DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

PLEASE NOTE YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING THEM. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE, OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SOFTWARE, EXPLOITATION OF ANY MATERIALS ISSUED OR PUBLISHED IN CONNECTION THEREWITH OR DISPLAYED THEREON OR THERETHROUGH.

Your Liability

You are to be liable for full and proper compliance with these Terms and applicable laws, including for all timely and full payments for the use of the Platform. 

We may suspend your use of the Platform:

  • if you delay the payment, as it is provided above;
  • if AmoSuite has reasonable suspicions that you (your employees or other team members) commit the crimes or any other wrongful or illegal activity using the Website, App, Platform, servers, services, and features available on the Platform, – until you provide a reasonable written refutation of such suspicions (confirmed by admissible pieces of evidence, if necessary);
  • if you violate these Terms otherwise.

If we suspect you of engaging in fraudulent activities, we are entitled to terminate your use of the Platform, servers, services, and features available on the Platform without providing you with a notice.

Indemnification

You agree to defend, indemnify, and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

  • any breach by you of any of these Terms;
  • your use/misuse of the Software;
  • any violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms to which you are subject.

We reserve the right to handle our legal defense however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

Also, please note that the indemnification and/or application of any remedy provided herein or under the applicable laws shall not release you from the execution of the obligation under these Terms.

Force Majeure

The Party is released from liability for breach of these Terms if such breach is caused by reasons beyond the control of this Party (“Force Majeure”). 

The Force Majeure shall be confirmed by the relevant document (certificate) issued by the authorized body at the Party’s request. 

The Party must immediately (and not later than within thirty (30) calendar days from such circumstances occurrence) notify the other Party of the Force Majeure and substantiate its interference with the performance of obligations under these Terms. Otherwise, such a Party loses the right to refer to the Force Majeure.

Force Majeure automatically extends the term of performance of obligations under these Terms for a period equal to its duration. Force Majeure releases the Party invoking it from the liability for non-performance. 

If the Force Majeure lasts for more than thirty (30) calendar days, either Party may initiate the termination of these Terms.

Applicable Law and Jurisdiction

These Terms shall be exclusively governed by and construed under the laws of the State of Wyoming, excluding its rules on conflict of laws.

You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be settled through amicable negotiations directly with AmoSuite following the principles of good faith and cooperation.

If attempts to reach a consensus through the negotiations fail, the dispute shall be settled exclusively by the courts of the State of Wyoming or by courts of the jurisdiction of the defendant.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION, LITIGATION, OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION, LITIGATION, OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF AMOSUITE.

Electronic Communications

By using the Software, and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:

  • your use of the Software or Content; 
  • updates of the Software and these Terms;
  • payments, transactions, and cancellations under these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may opt out from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Policy.

Termination

Termination by AmoSuite

We reserve the right at our sole discretion with prior notice to modify, suspend, or discontinue the Website, App, Platform, servers, services and features available on the Platform at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the Software.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong. 

Termination by You

You may terminate your use of the Platform. For that matter, you have to contact us. Subject to the termination of your use of the Platform, you will lose access to the Platform. 

If you terminate your use of the Platform, all permissions and licenses granted to you under these Terms will immediately terminate.

Termination Consequences

In case of termination of your use of the Platform, we will delete all data (databases, etc.) regarding you, and your company, from the Platform and our database, except that, if necessary under our retention policy or for accounting or archival purposes under the law.

You can request the retrieval of such data copies by contacting us. 

Miscellaneous

If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may assign our rights or obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

A printed version of these Terms is admissible evidence in legal or administrative proceedings arising out of or in connection with the use of the Software, to the same extent and under the same conditions as other legal documents and records created and stored in in printed form.

We reserve the right to make changes to these Terms at any time. In the event of a material change that may affect your use of the Website or your rights as a user of the Software, we will notify you of such changes in a reasonable time before they become effective. If you continue to use the Software, you agree to the updated version of these Terms.

It is your responsibility to regularly check the then-current version of the Terms to determine if there have been changes to these Terms and to review such changes.