Terms of Service
Terms and Conditions (“Terms”)
Please read these terms and conditions carefully before using Our Service. By using or accessing the Services or permitting any Authorized User to use or access the Services, you accept and agree to be bound by these Terms. If you do not have the authority to enter into these Terms (including to bind any applicable Affiliates or entities) or you do not agree to these Terms, do not accept these Terms and do not use or access the Services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Digital Innovations Holding Company.
- “Country” refers to United States
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Products” refer to the products or items offered for sale on the Service.
- “Orders” mean a request by You to use and have access to IRMA Engine.
- “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
- “Service” refers to the use and access to IRMA Engine and all its functionalities.
- “Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party.
- “Website” refers to IRMA Engine accessible from https://irmaengine.ai/
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
“Authorized User(s)” means an individual who is authorized by You to use the Services under Your Account and on Your behalf, and who was provided a user identification and password by You. Authorized User(s) may include your personnel, the personnel of your Affiliates, agents, contractors, consultants, or service providers, or Clients, as each may be applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Access and Authorized Users
Authorized Users.
You acknowledge and agree that You are responsible for compliance with these Terms, all activity conducted under Your account (regardless of knowledge or intent) and for all Content that You or Your authorized users post or otherwise transmit via the Services. You further acknowledge and agree that You are responsible for managing access to Your Account. You shall ensure that credentials are kept confidential and not shared by more than one Authorized User and that Authorized Users are using the Services solely on your behalf. You shall have sole responsibility for the accuracy, quality, and legality of the Content and the means by which you acquired the Content. You agree that you will not trade, transfer, or sell access to Your login or Account to another party.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Subscriber Warranties
You hereby represent and warrant that: (a) You will use the Services in compliance with all applicable laws and regulations; (b) the information You provide in registering for the Services is accurate, complete, and rightfully Yours to use; (c) You are not prohibited or restricted from having an account with Us; (d) You are authorized to submit the Content and Your Content has not been collected, stored, or transferred to Us and Our Affiliates in violation of any law, regulation, third party rights or contractual restrictions; and (e) You are not a competitor or using the Services for purposes that are competitive with Us.
Content
Your Right to Post Content
You are responsible for the Content that You post, including its legality, reliability, and appropriateness. By posting Content, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Service. You retain any and all of Your rights to any Content You post or display through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to others.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Copyright Policy
Intellectual Property Infringement
Us and Our Affiliates own and retain all rights, title, and interest in and to the Services along with all Intellectual Property Rights related to the Services. Your use of the Services under these Terms does not give you additional rights in the Services or ownership of any Intellectual Property Rights associated with the Services.
You own all of the Content you provide to Us. You grant to us a nonexclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the Content for the sole purpose of providing the Services to You and Your Authorized Users. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@digitalinnovationsgroup.ai and include in Your name, a detailed description of the alleged infringement and any supporting documents.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Data Privacy. Permitted Disclosures.
Our Affiliates and Us may provide Your data to third parties if required by law or as permitted by you to provide the Services. Before providing Your data to any third party service provider, we will take steps designed to ensure that the third party service provider maintains commercially reasonable data practices for maintaining the confidentiality and security of your data and for preventing unauthorized access to such data. We do not provide Your data to third parties for their own marketing purposes
Your Information
If You wish to use Our Services, You may be asked to supply certain information relevant to You without limitation, Your name, Your email, Your credit card number, the expiration date of Your credit card and, Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with Our Services; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
The Service You purchase can only be returned or refunded in accordance with these Terms and Conditions.
Updates to Services
We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to modify features and functionalities of the Services from time to time in our sole discretion. We will determine in our sole discretion whether such new features and functionalities require additional fees. We may decide to add new features or functionalities to the Services and make them generally available at no cost to our customers. Access to certain new features or functionalities may require acceptance of additional terms presented within the Platform Service. We may or may not provide notice to you of changes to the Services. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of the Services.
Availability of Service
While we will use commercially reasonable efforts to keep the Applications available and accessible, the Applications may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including outages of Third-party Services and related application programming interfaces and integrations. Interruptions to your use of the Services shall not serve as a basis to terminate Your subscription or entitle You to a full or partial refund.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence caused by government action and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods we have available, including fiat or crypto. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Right to Suspend Services.
We may restrict functionality or temporarily suspend Your use of the Services if we reasonably and in good faith believe such suspension is necessary to prevent unauthorized use of the Services (including but not limited to a violation of these Terms) or to prevent an ongoing violation of any applicable laws or regulations. We will use commercially reasonable efforts to notify You by email prior to such suspension unless we believe that the need to restrict or suspend access is time-sensitive and requires immediate action without notice, or we are prohibited from providing notice under law or legal order. In addition, if You fail to timely pay any fees in accordance with these Terms and/or Service Order, we may, without limitation to any of our other rights or remedies, suspend Your use of the Services until we receive all amounts due. We will not be liable to You or any third parties for any of the foregoing actions.
Termination by Us
We may terminate these Terms, Your Service and Your use of the Services for any of the following reasons: (a) You fail to comply with these Terms; (b) You do not pay your fees in accordance with the payment terms; (c) at the expiration of the subscription period unless renewed; or (d) if We reasonably determine You are acting or have acted in a way that could present substantial reputational harm to Us, Our Affiliates or Our current or prospective partners or customers. In no event will any termination by Us for any of the foregoing reasons entitle You to any refunds of any prepaid and unused fees or relieve you of Your obligation to pay any fees payable to Us prior to the date of termination, and any unpaid fees will remain due and payable. Any suspected fraudulent, abusive, hateful, discriminatory or illegal activity may be grounds for immediate termination of Your use of the Services and may be referred to law enforcement authorities.
Post Termination Obligations
If Your Service expires or is cancelled or terminated for any reason: (a) any and all liabilities accrued prior to the effective date of termination will survive; and (b) Your access to and use of the Services will cease. We shall have the right to remove Your Account information, Account settings, and Content within thirty (30) days of such expiration, cancellation, or termination with no liability or notice to You. Once Your Account information, Account settings, and Content are deleted, you will not be able to recover them.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE MAXIMUM AGGREGATE LIABILITY OF DIGITAL INNOVATION HOLDINGS GROUP (INCLUDING ITS AFFILIATES) TO YOU (INCLUDING YOUR AFFILIATES) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
To the maximum extent permitted by applicable law, in no event shall the Company or its representatives be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any representatives have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Independent Allocations of Risk
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY US TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Exclusion of Consequential and Related Damages
NEITHER PARTY NOR THEIR RESPECTIVE AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF WHETHER THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
Indemnification by You.
You agree to defend, indemnify, and hold Us harmless and Our Affiliates, and each of Our and their respective officers, directors, employees, agents, successors, and assigns from any and all third party claims, losses, demands, liabilities, damages, settlements, expenses, and costs (including reasonable attorney’s fees), arising from, in connection with, or based on: (a) Your or Your Authorized Users’ breach of these Terms and (b) Your or your Authorized Users’ use.
Indemnification Procedure.
Each party’s respective indemnification obligations herein are contingent upon: (a) the indemnified party providing prompt written notice of the Claim to the indemnifying party (provided that the indemnified party’s failure to provide such prompt notice will not release the indemnifying party from its indemnification obligations except to the extent the indemnifying party is materially prejudiced thereby); (b) the indemnifying party having sole control over the defense and settlement of the Claim; and (c) the indemnified party providing reasonable assistance in connection with the defense and settlement of the Claim as reasonably requested by the indemnifying party.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
These Terms will be governed by and construed and enforced in accordance with the laws of Wyoming, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out or relating to these Terms or its subject matter or formation (including non-contractual Disputes of claims) that is not subject to arbitration will be resolved in the courts of Wyoming.
Disputes Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO INDIVIDUALS LOCATED, RESIDENT, OR DOMICILED IN THE UNITED STATES. IF YOU ARE LOCATED, RESIDENT, OR DOMICILED IN THE UNITED STATES, THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and Company (i) waive Your and Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive Your and Company’s respective rights to a jury trial. Instead, You and Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one person charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to You and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Federal Arbitration Act. The enforceability of this Section will be both substantively and procedurally governed by, construed and enforced in accordance with the Federal Arbitration Act (the “FAA”), to the maximum extent permitted by applicable law.
- Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by e-mail to Company at info@digitalinnovationsgroup.ai
- Notice to You shall be by email to the then-current email address in Your Account. Your notice must include (i) Your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that You are seeking. If You and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either You or Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in this Section, file a claim in court.
- Any arbitration will occur in Miami, Florida. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in Miami Dade County, Florida will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
- Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that You have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability of Dispute Resolution; Arbitration. If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in Section “Limitation of Liability” and “Dispute Resolution” are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Severability
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice of any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site and the Services.
General
Export Compliance and Anti-Corruption
The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent that You are not named on any U.S. government denied-party list. You shall not permit Your Authorized Users, Affiliates, or any other third party to access or use the Services in a U.S. embargoed country or in violation of any U.S. or other applicable export law or regulation. You further represent that neither You nor Your Authorized Users or Affiliates have received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with your purchase or use of our Services (excluding any reasonable gifts and entertainment provided in the ordinary course of business).
Assignability
Neither party may assign its right, duties, and obligations under these Terms without the other party’s prior written consent, which consent will not be unreasonably withheld or delayed; provided that We may assign these Terms without Your consent to a successor (including a successor by way of merger, acquisition, sale of assets, or operation of law) if the successor agrees to assume and fulfill all of Our obligations under these Terms.
Notices
Except where otherwise specified in these Terms, any notice under these Terms must be sent to the Company by email to info@digitalinnovationsgroup.ai , with a duplicate copy sent via registered mail (return receipt requested) to: Digital Innovations Holdings Group, Attention: Legal Department; 1858 Pleasantville Rd, Suite 110, Briarcliff Manor, NY 10510. Any notices under these Terms that are sent to You shall be sent via email to the current Account Owner. Notices are deemed given two (2) business days following the date of mailing or one business day following delivery to a courier or sending an email. You are responsible for maintaining the accuracy of the email address and other contact information of Your named Account Owner on the “Personal Settings” page within the Application.
Force Majeure
Neither party will be liable for, or be considered to be in breach or default of these Terms on account of, any delay or failure to perform as required by these Terms (except for your obligations to make payments to Us hereunder) as a result of any cause or condition beyond its reasonable control, so long as that party uses commercially reasonable efforts to avoid or remove the causes of non-performance.
Entire Agreement
These Terms incorporate the IRMA Token Terms and Conditions (where applicable), and are the final and complete expression of the agreement between the parties regarding the Services. These Terms supersede and govern over all previous representations and oral and written communications between the parties regarding the Services and all matters related thereto. We will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to these Terms (whether or not it would materially alter these Terms) that is proffered by You in any receipt, invoice, acceptance, purchase order, procurement portal, confirmation, correspondence, or otherwise, regardless of the Company’s failure to object to such terms, provisions or conditions.
Contact Us
By visiting this page on our website: https://irmaengine.ai/
By sending us an email: info@digitalinnovationsgroup.ai
