Terms of Use
These Terms of Use apply to your access and use of products, content and services offered by Loqos or its subsidiaries (collectively “Services”).
BY USING SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Notice.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS.
1. ACCEPTANCE OF TERMS OF USE
These Terms of Use (the “Terms” or the “Agreement”) are between you (“user” or “you”) and Soryat Limited company, registered under the law of Cyprus with its registration office in Nicosia, 219, Aristofanous, apt. 202, Strovolos, 2038, Cyprus, acting under the trade name Loqos (also referred as “us”, “we”).
1.1. Modification of Terms. Loqos reserves the right to update, change or replace any part of these Terms by posting updates and/or changes at any time, and we encourage you to review these Terms regularly. The date of the most recent revision will appear on the top page of these Terms. If you do not agree with these Terms do not use Services.
1.2. Content of Services. Any materials, information or reports published, distributed or otherwise made available are published for information purposes and are subject to change at any time without notice.
2. USE OF SERVICES
You agree that your use of Services will be in compliance with all applicable local, state, provincial, national and international laws, rules and regulations.
2.1. Age restriction. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. The Services are not intended for users under the age of 18 and we do not knowingly collect personal information from users under the age of 18. Users under the age of 18 are expressly prohibited from submitting any personal information.
2.2. The form. To use the Services you must fill in the form, providing your name, email and phone number. After filling the form, our manager will contact you to collect additional information about your business so that we could provide you with the best Services.
By filling in the form you confirm that you accept our Terms and Conditions and Privacy Notice. You agree to promptly update provided information, including your email and phone number, so that we can contact you as needed.
2.3. User responsibilities. You may not use Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All information and functionalities contained within the Services are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses and such licenses or authorisations have not been obtained.
A breach or violation of any of these Terms will result in an immediate termination of your Services. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or service causing interference with us, our licensors, vendors, service providers, or the Services.
2.4. The Client is responsible for procuring and maintaining the network connections that connect a network to the Services, including, but not limited to, browser software that supports protocols used by Loqos and to follow Loqos procedures for accessing the Services. It is your responsibility to ensure each of your Account/License is compatible with the Services. We are not responsible for notifying Client or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Client Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by Loqos. We have no responsibility for the reliability or performance of any network connections as described herein.
2.5. You are also solely responsible to obtain the authorizations, licenses and consents, if and as required by any applicable law, to make the Services available to End-Users. When you provide any Client Data to Loqos, you (whether you are the Client or the administrator operating on behalf of the Client) represent and warrant that you have full authority to provide us with such Client Data.
2.6. The Client understands and has become familiar with the technical requirements necessary to access and use the Services and has no objections in respect thereof. The Client is aware of risks and threats connected with electronic data transmission.
2.7. Rules of conduct. In addition to other prohibitions, you are prohibited from using Services for the following purposes:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or the Internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Services or any related website, or the Internet.
(k) uses any bots, cheats, macros, scripts, or other unauthorized software programs or tools; or
(l) uses any automated or manual process to copy, harvest, crawl, index, scape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any content, or any other information available through the Services.
2.8. The Client must not modify or change the purpose and use of the Services during the term of the Agreement or an applicable Order Form, if any. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Loqos is prohibited.
3. LICENSE
3.1. The Services are licensed to you, not sold. Loqos grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Services to which you have access to for your commercial use, subject to your compliance with these terms. You may not access, copy, modify or distribute any Loqos Service content, unless expressly authorized by Loqos. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Services. Loqos or its licensors owns and reserves all the rights, including all right, title and interest in the Services and associated intellectual property rights.
3.2. We exclusively own and retain all rights to the Confidential Information disclosed to the receiving party. All Confidential Information of Loqos and derivations thereof shall remain Loqos sole and exclusive property, and no license or other right to such Confidential Information or Loqos intellectual property is granted or implied hereby to the receiving party. The receiving party is obliged to hold all Confidential Information received from Loqos in strict confidence and take all reasonable precautions to safeguard the Confidential Information in the same way that it takes to protect its Confidential Information of the same nature and to prevent them before any unauthorized use or disclosure of or unauthorized attempts to access or modify.
4. PERSONAL INFORMATION
When you use Services, we may collect and store data from your computer or device as further explained in the Privacy Notice [link].
5. MODIFICATION TO SERVICES
Services are subject to change without notice. We reserve the right at any time to modify the Services (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification of the Services. All descriptions of products or product pricing are subject to change at any time, at our sole discretion. We reserve the right to discontinue any Service at any time.
However, modifications affecting termination of our operations or terms of payment shall take place with prior explicit notice to you at least thirty (30) days prior to the change implementation and, if not clearly rejected within 7 (seven) days of the notification, are deemed accepted and binding. Therefore, we advise you to periodically review the latest currently effective Agreement. Your continued use of the Services on or after the date of the updated version of this Terms of Use is effective and constitutes your acceptance of such updated terms.
6. OTHER SOFTWARE, UTILITIES AND TOOLS
6.1. Updates. Our Services may require you to download software, software updates or patches or other utilities or tools from Loqos or its licensors onto your device or system. You understand that certain updates to these technologies may be required in order to continue use of Services.
6.2. Optional tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.3. Open source components. The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms of Use, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms of Use do not apply to any Third Party Components accompanying or contained in the Services and Loqos disclaims all liability related thereto. You acknowledge that Loqos is not the author, owner or licensor of any Third Party Components, and that Loqos makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
7. FEES AND PAYMENT TERMS
7.1. You acknowledge and agree to pay fees applicable for your Services as set forth in your Order Form.
7.2. If Loqos has not received payment within the due date set forth in the invoice and without prejudice to any other rights and remedies of Loqos under this Agreement or law, we may, without liability to the Client: (i) be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and (ii) charge interest from the day on which the Fees are due at a rate no higher than the maximum legal rate permissible under applicable law.
7.3. The Client is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
7.4. Loqos, at its sole discretion, may change the remuneration with prior notice, including, without limitation, in the event of further development and/or the expansion of the Services offered by Loqos.
7.5. Unless expressly agreed otherwise, all amounts stated in the Agreement or Order Form or the price list are exclusive of any taxes, levies, duties or similar governmental assessments of any nature, other charges, domestic or foreign-imposed by any federal, state, or local tax authority with respect thereto including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). The Client is responsible for paying all Taxes associated with the Client’s purchases hereunder. All fees payable by the Client shall be paid without any right of counterclaim or set-off, and without any deduction or withholding on any grounds whatsoever, save only as required under applicable law. If any such deduction or withholding is required under applicable law, the Client shall pay the amount necessary to ensure Loqos will, after any such deduction or withholding has been made, receive an amount equal to the amount Loqos would have received absent of such deduction or withholding. All fees payable by the Client for Services in line with the current price plan, unless otherwise agreed, will be increased with the amount of any applicable tax. If Loqos has the legal obligation to pay or collect Taxes for which the Client is responsible under this Clause, Loqos will issue an invoice to the Client and the Client will pay that amount unless the Client provides Loqos with a valid tax exemption certificate authorized by the appropriate taxing authority.
8. NO WARRANTY
THE SERVICES AND CONTENT ARE PROVIDED WITH REASONABLE CARE AND SKILLS AND NO OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES ARE MADE. YOU USE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use Services and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). We specifically disclaim all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.
10. INDEMNITY
You will indemnify and hold harmless Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your user content (if any), or (iii) your violation of these Terms.
11. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. TERMINATION
The obligations and liabilities of the parties incurred within these Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. GOVERNING LAW AND FORUM CHOICE
These Terms and any other separate agreements concluded in relation to the Terms will be governed by and construed in accordance with the laws of Cyprus, except if otherwise agreed. Except as otherwise expressly set forth in Section 14 “Dispute Resolutions,” the exclusive jurisdiction for all Disputes (defined below) that you and Loqos are not required to arbitrate will be _______________, and you and Company each waive any objection to jurisdiction and venue in such courts.
14. DISPUTE RESOLUTIONS
14.1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Loqos agree that the Arbitration Law, Cap. 4 and the International Commercial Arbitration Law 101/1987 govern the interpretation and enforcement of these Terms, and that you and Loqos are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
14.2. Exceptions and Opt-out. As limited exceptions to Section 14.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contaсt@loqos.ai or by regular mail at[postal address] within thirty (30) days following the date you first agree to these Terms.
14.3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Cyprus Arbitration and Mediation Centre (CAMC) under its CAMC Arbitration rules (the “CAMC Rules”) then in effect, except as modified by these Terms. The CAMC Rules are available at https://camc.org.cy/rules/. A party who wishes to start arbitration must submit a written notice of arbitration to CAMC as specified in the CAMC Rules.
14.4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the CAMC Rules.
14.5. Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
14.6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 1.1. “Modification to Terms'' above, if Company changes any of the terms of this Section 14 “Dispute Resolutions” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contcat@loqos.ai) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Loqos in accordance with the terms of this Section 13 “Dispute Resolutions'', as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14.7. Severability. With the exception of any of the provisions in Section 14.5 of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
15. GENERAL TERMS
15.1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Loqos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
15.2. Waiver of Rights. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
15.3. Notices. Any notices or other communications provided by Company under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
16. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact us at contact@loqos.ai, or by phone: phone: +357 25 056 168, +357 97 831 641.
BY USING SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Notice.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS.
1. ACCEPTANCE OF TERMS OF USE
These Terms of Use (the “Terms” or the “Agreement”) are between you (“user” or “you”) and Soryat Limited company, registered under the law of Cyprus with its registration office in Nicosia, 219, Aristofanous, apt. 202, Strovolos, 2038, Cyprus, acting under the trade name Loqos (also referred as “us”, “we”).
1.1. Modification of Terms. Loqos reserves the right to update, change or replace any part of these Terms by posting updates and/or changes at any time, and we encourage you to review these Terms regularly. The date of the most recent revision will appear on the top page of these Terms. If you do not agree with these Terms do not use Services.
1.2. Content of Services. Any materials, information or reports published, distributed or otherwise made available are published for information purposes and are subject to change at any time without notice.
2. USE OF SERVICES
You agree that your use of Services will be in compliance with all applicable local, state, provincial, national and international laws, rules and regulations.
2.1. Age restriction. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. The Services are not intended for users under the age of 18 and we do not knowingly collect personal information from users under the age of 18. Users under the age of 18 are expressly prohibited from submitting any personal information.
2.2. The form. To use the Services you must fill in the form, providing your name, email and phone number. After filling the form, our manager will contact you to collect additional information about your business so that we could provide you with the best Services.
By filling in the form you confirm that you accept our Terms and Conditions and Privacy Notice. You agree to promptly update provided information, including your email and phone number, so that we can contact you as needed.
2.3. User responsibilities. You may not use Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All information and functionalities contained within the Services are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses and such licenses or authorisations have not been obtained.
A breach or violation of any of these Terms will result in an immediate termination of your Services. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or service causing interference with us, our licensors, vendors, service providers, or the Services.
2.4. The Client is responsible for procuring and maintaining the network connections that connect a network to the Services, including, but not limited to, browser software that supports protocols used by Loqos and to follow Loqos procedures for accessing the Services. It is your responsibility to ensure each of your Account/License is compatible with the Services. We are not responsible for notifying Client or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Client Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by Loqos. We have no responsibility for the reliability or performance of any network connections as described herein.
2.5. You are also solely responsible to obtain the authorizations, licenses and consents, if and as required by any applicable law, to make the Services available to End-Users. When you provide any Client Data to Loqos, you (whether you are the Client or the administrator operating on behalf of the Client) represent and warrant that you have full authority to provide us with such Client Data.
2.6. The Client understands and has become familiar with the technical requirements necessary to access and use the Services and has no objections in respect thereof. The Client is aware of risks and threats connected with electronic data transmission.
2.7. Rules of conduct. In addition to other prohibitions, you are prohibited from using Services for the following purposes:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or the Internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Services or any related website, or the Internet.
(k) uses any bots, cheats, macros, scripts, or other unauthorized software programs or tools; or
(l) uses any automated or manual process to copy, harvest, crawl, index, scape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any content, or any other information available through the Services.
2.8. The Client must not modify or change the purpose and use of the Services during the term of the Agreement or an applicable Order Form, if any. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Loqos is prohibited.
3. LICENSE
3.1. The Services are licensed to you, not sold. Loqos grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Services to which you have access to for your commercial use, subject to your compliance with these terms. You may not access, copy, modify or distribute any Loqos Service content, unless expressly authorized by Loqos. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Services. Loqos or its licensors owns and reserves all the rights, including all right, title and interest in the Services and associated intellectual property rights.
3.2. We exclusively own and retain all rights to the Confidential Information disclosed to the receiving party. All Confidential Information of Loqos and derivations thereof shall remain Loqos sole and exclusive property, and no license or other right to such Confidential Information or Loqos intellectual property is granted or implied hereby to the receiving party. The receiving party is obliged to hold all Confidential Information received from Loqos in strict confidence and take all reasonable precautions to safeguard the Confidential Information in the same way that it takes to protect its Confidential Information of the same nature and to prevent them before any unauthorized use or disclosure of or unauthorized attempts to access or modify.
4. PERSONAL INFORMATION
When you use Services, we may collect and store data from your computer or device as further explained in the Privacy Notice [link].
5. MODIFICATION TO SERVICES
Services are subject to change without notice. We reserve the right at any time to modify the Services (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification of the Services. All descriptions of products or product pricing are subject to change at any time, at our sole discretion. We reserve the right to discontinue any Service at any time.
However, modifications affecting termination of our operations or terms of payment shall take place with prior explicit notice to you at least thirty (30) days prior to the change implementation and, if not clearly rejected within 7 (seven) days of the notification, are deemed accepted and binding. Therefore, we advise you to periodically review the latest currently effective Agreement. Your continued use of the Services on or after the date of the updated version of this Terms of Use is effective and constitutes your acceptance of such updated terms.
6. OTHER SOFTWARE, UTILITIES AND TOOLS
6.1. Updates. Our Services may require you to download software, software updates or patches or other utilities or tools from Loqos or its licensors onto your device or system. You understand that certain updates to these technologies may be required in order to continue use of Services.
6.2. Optional tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.3. Open source components. The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms of Use, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms of Use do not apply to any Third Party Components accompanying or contained in the Services and Loqos disclaims all liability related thereto. You acknowledge that Loqos is not the author, owner or licensor of any Third Party Components, and that Loqos makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
7. FEES AND PAYMENT TERMS
7.1. You acknowledge and agree to pay fees applicable for your Services as set forth in your Order Form.
7.2. If Loqos has not received payment within the due date set forth in the invoice and without prejudice to any other rights and remedies of Loqos under this Agreement or law, we may, without liability to the Client: (i) be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and (ii) charge interest from the day on which the Fees are due at a rate no higher than the maximum legal rate permissible under applicable law.
7.3. The Client is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
7.4. Loqos, at its sole discretion, may change the remuneration with prior notice, including, without limitation, in the event of further development and/or the expansion of the Services offered by Loqos.
7.5. Unless expressly agreed otherwise, all amounts stated in the Agreement or Order Form or the price list are exclusive of any taxes, levies, duties or similar governmental assessments of any nature, other charges, domestic or foreign-imposed by any federal, state, or local tax authority with respect thereto including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). The Client is responsible for paying all Taxes associated with the Client’s purchases hereunder. All fees payable by the Client shall be paid without any right of counterclaim or set-off, and without any deduction or withholding on any grounds whatsoever, save only as required under applicable law. If any such deduction or withholding is required under applicable law, the Client shall pay the amount necessary to ensure Loqos will, after any such deduction or withholding has been made, receive an amount equal to the amount Loqos would have received absent of such deduction or withholding. All fees payable by the Client for Services in line with the current price plan, unless otherwise agreed, will be increased with the amount of any applicable tax. If Loqos has the legal obligation to pay or collect Taxes for which the Client is responsible under this Clause, Loqos will issue an invoice to the Client and the Client will pay that amount unless the Client provides Loqos with a valid tax exemption certificate authorized by the appropriate taxing authority.
8. NO WARRANTY
THE SERVICES AND CONTENT ARE PROVIDED WITH REASONABLE CARE AND SKILLS AND NO OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES ARE MADE. YOU USE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use Services and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). We specifically disclaim all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.
10. INDEMNITY
You will indemnify and hold harmless Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your user content (if any), or (iii) your violation of these Terms.
11. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. TERMINATION
The obligations and liabilities of the parties incurred within these Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. GOVERNING LAW AND FORUM CHOICE
These Terms and any other separate agreements concluded in relation to the Terms will be governed by and construed in accordance with the laws of Cyprus, except if otherwise agreed. Except as otherwise expressly set forth in Section 14 “Dispute Resolutions,” the exclusive jurisdiction for all Disputes (defined below) that you and Loqos are not required to arbitrate will be _______________, and you and Company each waive any objection to jurisdiction and venue in such courts.
14. DISPUTE RESOLUTIONS
14.1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Loqos agree that the Arbitration Law, Cap. 4 and the International Commercial Arbitration Law 101/1987 govern the interpretation and enforcement of these Terms, and that you and Loqos are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
14.2. Exceptions and Opt-out. As limited exceptions to Section 14.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contaсt@loqos.ai or by regular mail at[postal address] within thirty (30) days following the date you first agree to these Terms.
14.3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Cyprus Arbitration and Mediation Centre (CAMC) under its CAMC Arbitration rules (the “CAMC Rules”) then in effect, except as modified by these Terms. The CAMC Rules are available at https://camc.org.cy/rules/. A party who wishes to start arbitration must submit a written notice of arbitration to CAMC as specified in the CAMC Rules.
14.4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the CAMC Rules.
14.5. Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
14.6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 1.1. “Modification to Terms'' above, if Company changes any of the terms of this Section 14 “Dispute Resolutions” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contcat@loqos.ai) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Loqos in accordance with the terms of this Section 13 “Dispute Resolutions'', as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14.7. Severability. With the exception of any of the provisions in Section 14.5 of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
15. GENERAL TERMS
15.1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Loqos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
15.2. Waiver of Rights. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
15.3. Notices. Any notices or other communications provided by Company under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
16. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact us at contact@loqos.ai, or by phone: phone: +357 25 056 168, +357 97 831 641.