PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY. This is a legal agreement between you and 42Gears Mobility Systems Private Limited. (as well as its affiliates and subsidiaries) (“42Gears”, “we” or “us” – as applicable) which governs your use of the AstroFarm service of 42Gears, which provides customers with a hosted based access to their devices (the “Service”) as well as such other services rendered by 42Gears. TO AGREE TO THESE TERMS, CLICK THE “I AGREE” BUTTON. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT USE THE SERVICES AND/OR THE LICENSED PROGRAM. This Agreement limits our liabilities and obligations to the terms set forth herein and permits us to change, suspend, or terminate your access to and use of the Service and/or the Licensed Program. If you do not agree to these terms and conditions in their entirety, then you may not register and use the Service and/or the Licensed Program in any way.
FOR THE SAKE OF CLARITY, THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN US AND YOU – A LEGAL ENTITY (A COMPANY, A PARTNERSHIP, OR ANY OTHER LEGAL ENTITY), IDENTIFIED BY THE DETAILS PROVIDED DURING THE REGISTRATION PROCESS (“BUSINESS ENTITY”) OR AN INDIVIDUAL (EMPLOYEE OR OTHERWISE) DESIGNATED BY THE BUSINESS ENTITY TO USE THE SERVICE FOR THE BENEFIT OF THE BUSINESS ENTITY OR OTHERWISE (“USER”). THE TERMS “YOU” AND “YOUR” WILL APPLY COLLECTIVELY AND SEVERALLY TO SUCH BUSINESS ENTITY AND TO SUCH USER, UNLESS OTHERWISE EVIDENT FROM CONTEXT. IF YOU ARE ACTING ON BEHALF OF THE BUSINESS ENTITY FOR THE PROCUREMENT OF LICENSE TO USE THE SERVICE, THEN YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY AND THAT YOU HAVE THE PROPER AUTHORITY TO LEGALLY BIND THE BUSINESS ENTITY BY THIS AGREEMENT. YOU MAY NOT USE THE SERVICE IF YOU ARE UNDER 18 YEARS OF AGE. IF YOU ARE AN ADMINISTRATOR, YOU MUST NOTIFY US OF ALL PERSONS AND/OR ENTITIES TO WHICH YOU SHALL GIVE ACCESS TO THE SERVICE AND/OR LICENSED PROGRAM, AND UNDERSTAND THAT YOU SHALL REMAIN FULLY RESPONSIBLE FOR THEIR COMPLIANCE WITH THE TERMS HEREIN.
This Agreement comprises the entire agreement between you and 42Gears, and supersedes any other agreement, terms or promises, oral or written, with respect to the subject matter of this Agreement.
- LICENSE RIGHTS: Subject to the terms and conditions of this Agreement, 42Gears grants you a nonexclusive, non transferable, non sublicensable license to use 42Gears AstroFarm (“Service/Software”). The Service allows you to manage the number and type of mobile devices with which you may conduct various functions including your App testing, code level debugging,instant inventory review etc. You may also access and use the documentation that accompanies the Service (the “Documentation”) solely in connection with your use of the Service. You acknowledge that 42Gears may use third party service providers for some or all of the operations that make available the Service to you.
- Restrictions: Unless otherwise expressly permitted in this Agreement, you may not use or have others use, or provide to third parties, the Service or any part thereof including, without limitation, by reselling, licensing, renting, leasing, transferring, lending, time sharing, assigning, redistributing or displaying the Service or any part thereof. You may not modify, make derivative works of, disassemble, decompile or reverse engineer any part of the Service software code. You may not access the Service in order to develop or create a similar or competitive product or service. You may not engage in or attempt to engage in: (i) any form of testing, scanning, scraping, probing, robotic navigating, bulk extracting, hacking the Service; (ii) breaching the security of the Service, or any network or server used by the Service, or identifying any security vulnerabilities thereof; (iii) interfering with, circumventing, manipulating, impairing or disrupting the operation, or the functionality of the Service; (iv) working around or circumventing any technical limitations in the Service; or (v) using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;(vi) root, unlock, or jailbreak any Device (vii) factory reset or change settings on devices, or call or access third-party servers in a manner that would interfere with any Services;(viii) perform any network discovery inside the AstroFarm or otherwise in connection with the test.
- Non-Competition: You represent and warrant that you are not a competitor of 42Gears and you are not using the Service to engage in, or permit others to engage in competition with 42Gears. You represent and warrant that: (i) you examined the Service and found it suitable to your needs; (ii) you are aware of and acknowledge the capabilities and limitations of the Service; (iii) you have all permissions and licenses, including under any applicable corporate policies, confidentiality and non-competition agreements, to upload user data to the Service and use it through the Service.
- FEEDBACK: You grant 42Gears a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you, including your User, relating to the Service (“Feedback”). We may use and incorporate any Feedback without any compensation or acknowledgement to you. 42Gears is not under any obligation to use or incorporate any Feedback.
- FEES AND PAYMENT: As an express condition of Your use of 42Gears Services/Software, you agree to pay all fees applicable to your subscription plan (your”Plan”) and any other fees of additional services you may purchase along with any applicable taxes in connection with your use of the Services at then current price offered by 42Gears.
- AUDIT: You agree that 42Gears may, once in a calendar year and upon thirty (30) days prior written notice, audit your compliance with the provisions of this Agreement. 42Gears’s inspections shall be conducted during normal business hours and will be restricted to the records pertaining to the Software provided hereunder or other 42Gears Confidential Information. 42Gears’s rights of inspection shall remain in effect through the period ending six (6) months from the termination or expiration of this Agreement.
- System Requirements: You acknowledge and agree that the Software may only be installed and used only on devices, which meets or exceeds the minimum system requirements identified and notified by the 42Gears to you from time to time. You acknowledge and agree that it is solely responsible for obtaining, installing, operating and maintaining all hardware, other equipment and third party software required for use of the Software. All functionality, operating system, network services, hardware maintenance and data backup will be your responsibility.
- Training: 42Gears does not provide training for the use of the Software unless requested by you or otherwise provided by this Agreement. To the extent 42Gears is requested to provide any Software related services, the same will be provided pursuant to the then current prices for the software related services and will be invoiced to you.
- Software Operation Disclaimer: You are aware that the function of the Software provided by 42Gears hereunder is to configure the applications and device features that can be used by the Authorized User in supported devices . You alone are responsible to determine the Software’s suitability for your intended usage. You are expressly forbidden from using any part of the Software in life saving or life critical applications without the expressed written permission from 42Gears. 42Gears will not be responsible for any excessive data usage due to any user action or application error in the Software. Notwithstanding anything to the contrary in this Agreement, 42Gears will not be liable for any damages (direct, indirect or consequential) arising from device malfunction caused by the operation of the Software.
- DOCUMENTATION: The Documentation contains limitations on the Service, including the number and types of mobile devices available for testing. Your use is subject to the limitations in the Documentation and any other limitations on the Service that 42Gears may communicate to you with respect to the use of the Services. You shall not use the Service in a manner that violates any laws, infringes the rights of anyone, or damages any person or property. You may not access the Service if you are or become 42Gears direct competitor, except with 42Gears prior written consent. In addition, you may not use the Service for purposes of monitoring the 42Gears Service’s performance or functionality or for any competitive purposes. You acknowledge and agree that the Service (including any software) and all Documentation and the information in them are 42Gears confidential and proprietary information. You agree to keep all such information confidential by exercising the necessary care required to prevent disclosure and not to disclose or use such information for any purpose whatsoever other than as expressly authorized by this Agreement.You hereby acknowledge and agree that we offer the Service in accordance with our applicable laws. You warrant and ensure to comply with your applicable laws in downloading and/or using the Software pursuant to this Agreement. You further warrant that you will not use the Service (i) either in its entirety or (ii) any features/functionalities of the Service including the Software, if the Software or any feature/functionality of it is not in compliance with your applicable laws and you will indemnify 42Gears, its affiliates and their directors, officers, employees and agents from any third party claims, losses, damages or penalties (including reasonable attorney fees) arising from your breach of this warranty.
If in 42Gears opinion, the Software becomes or is likely to become, the subject of a claim of infringement, We may, at our option, (i) obtain the right to continue using the Software; (ii) replace or modify the Software so it is no longer infringing; or (iii) if (i) and (ii) are not commercially reasonable, terminate the license for the Software.
- INDEMNIFICATION: You agree to indemnify and hold us (and our shareholders, officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments, expenses (including reasonable fees of attorneys and other professionals), payments, loss, loss of profits or any other damage, direct or indirect, pecuniary or non-pecuniary of any kind incurred, arising out of or in connection with, or incident to, whether directly or indirectly with any claim, action or proceeding (“claims”) by a third party arising out of (i) your or authorized users’(authorized users means your employees or any third party individuals that are accessing the Services/Software on your behalf or permission) use of the service; (ii) your noncompliance with or breach of any of these terms, or (iii) the unauthorized use of the service by any other person using your user information; or (iv) conduct you have engaged in or permitted others to engage in, that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law. At our option, you shall assume control of the defense and settlement of any claim subject to indemnification by you (provided that, in such event, we may at any time thereafter elect to take over control of the defense and settlement of any such claim, and in any event, you shall not settle any such claim without our prior written consent). If you have breached this Agreement and we take no legal action against you, then we will not be considered to have given up our rights to pursue any legal course of action in relation to the breach. At our option, you shall assume control of the defense and settlement of any claim subject to indemnification by you (provided that, in such event, we may at any time thereafter elect to take over control of the defense and settlement of any such claim, and in any event, you shall not settle any such claim without our prior written consent).
- LIMITATION OF LIABILITY: In no event will 42Gears or its officers, directors, agents, and employees, be liable to you under this Agreement or otherwise, regardless of the form of claim or action, in an amount that exceeds the fees you pay to 42Gears in the 12 months immediately preceding the claim or action. In no event will 42Gears or its officers, directors, agents, and employees, be liable to you for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit including any negligence act in connection with the Service or this Agreement, even if 42Gears has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to you.
- LIMITED WARRANTY: THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES AND CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICE IS INHERENTLY COMPLEX AND MAY THEREFORE NOT BE COMPLETELY FREE OF ERRORS. YOU FURTHER ACKNOWLEDGE THAT THE PERFORMANCE OF THE SERVICE MAY BE AFFECTED BY ANY NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION, TECHNICAL FAILURE OF THE SERVICE, ACTS OR OMISSIONS OF THIRD PARTIES AND OTHER CAUSES REASONABLY BEYOND OUR CONTROL. WE WILL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) TO YOU, OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, AND INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS AND OR GOODWILL, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED TO DELIVERY, USE, PERFORMANCE OF OR INABILITY TO USE THE SERVICE AND/OR ANY OF ITS COMPONENTS, WHETHER FORESEEABLE OR NOT, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Modifications to the Service. We may, either partially or in its entirety and without being obligated to provide advance notice – modify, adapt or change the Service, or any of its features, user interface and design, the extent and availability of the content in it and any other aspect related to it. Such modifications may be conveyed to you through updates or upgrades, if we choose to release any. Further, You will have no claim, complaint or demand against us for applying such modifications or for failures incidental to such modifications. In this Agreement, “update” shall mean a release provided by 42Gears, of a permanent fix to known bugs, errors, malfunctions or problems in the Service, and “upgrade” shall mean a release provided by 42Gears, of a major revision to the Service which contains significant enhancements or augmentations to the features, functions or capabilities of the Service. If the Service is held to, or we believe it is likely to be held to infringe a copyright, patent or trade secret, we will have the right at our sole discretion and expense to: (i) substitute or modify the Service so that it is non-infringing; or (ii) obtain for you a license to continue using the Service.
- SERVICE AVAILABILITY: We will use reasonable efforts to operate the Service efficiently and available at all times. However, as it is a hosted based Service that relies on network, infrastructure, hardware and software, partly managed and operated by third party providers, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors or omissions, malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in us or any other provider, including, without limitation, third party data providers. If we receive a notice of any failure or malfunction, or if we identify them by ourselves, we will use commercially reasonable efforts to regain the Service’s full availability as soon as possible. However, such incidents will not be considered a breach of this Agreement, and we shall be excused from the performance of our obligations under this Agreement insofar the performance is prevented or interfered with due to acts or conditions beyond our reasonable control. Service availability may also be affected by planned and unscheduled maintenance by the hosting service provider. Service hosting maintenance may cause disruptions to the functionality of the Service or to your ability to access and use the Service. If possible, we will notify you of such maintenance, within a reasonable time before it takes place. We employ reasonable security measures, as provided in our hosted based service. We further apply encryption and hashing measures to secure your data transmission and the confidentiality of your access details. However, certain risks are nevertheless inherent in the transmission of information over the Internet and the storage of data on network servers. We do not assume responsibility for risks emanating from such transmission and storage of data. Further, 42Gears shall not be liable for any negligent act or omission or any error in the Software/Service and/or from your use or inability to use the Software including but not limited to the excessive data usage or material error etc.
42Gears cannot guarantee that such events will not occur. Accordingly, 42Gears disclaims any and all liability resulting from or related to such events.Upon such an event, 42Gears maximum liability shall be restricted to rectifying the bug as reported by You.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY TERMINATE YOUR ACCOUNT WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE DEEM YOUR USE OF THE SERVICE TO BE FRAUDULENT OR ABUSIVE.
- SUSPENSION OF ACCESS. 42Gears may suspend your access to the Service or deactivate any of Your Devices for any violation of this Agreement or if 42Gears reasonably believes that your activity or Your Device is harming the Service or the rights or property of any person. You acknowledge that you will not have access to Your Devices or your Apps during any suspension. 42Gears may exercise the rights in this Section prior to exercising the termination provisions of this Agreement and without prior written notice to you. Unless the Agreement is terminated, 42Gears will remove the suspension upon resolution of the cause of the suspension.
- TERM: The agreement shall commence on the date the Licensee agrees to the terms of this Agreement by clicking the “I Accept” button for the Software and continues until the perpetual or subscription licenses granted in accordance with the Agreement have expired or been terminated.
- TERMINATION. We may terminate this Agreement and the Service upon your breach of any of the terms contained in this Agreement. Otherwise this Agreement and the Service terminate upon cancellation of the Subscription Term as described in the “TERM” section above.
Further, you may terminate this Agreement or cancel your services by giving 30 days written notice via email in advance to us. 42Gears will notify you of cancellation via the email address in your account profile, and cancellation will be effective at the end of the then-current Subscription Term. No fees will be refunded upon cancellation.
- EFFECT OF TERMINATION. Upon termination for any reason, all test sessions in progress end immediately and you shall immediately destroy all copies and any Documentation in your possession or control. Further you will be liable to immediately pay any outstanding amount due to 42Gears and cease to use the Services forthwith along with return or destroy all or any Confidential Information you hold about 42Gears Service including the Documentations and its copies if any.
- Confidentiality: In the course of performance of this Agreement, either party (“Discloser”) may find it necessary to disclose to the other party (“Recipient”), or Recipient may otherwise obtain from Discloser, certain proprietary information or materials, which are in tangible form and labelled “confidential” or the like, or, information which a reasonable person knew or should have known to be (“Confidential Information”) The following information shall be considered Confidential Information whether or not marked or identified as such: information regarding licensors’ pricing, product roadmaps or strategic marketing plans; and non- public materials relating to the Software.
Exclusions to Confidential Information:
Confidential Information does not include information that: (a) was in the public domain at the time of Discloser's communication thereof to Recipient, (b) becomes part of the public domain after the time of disclosure, through no improper action of Recipient; (c) was in Recipient's possession free of any obligation of confidence at the time of Discloser's communication thereof to Recipient; (d) can be shown by documentation to have been independently developed by the Recipient without the use of or reference to any Confidential Information; (e) is not treated as confidential by Discloser; or (f) is approved for release by Discloser in writing. Recipient shall use any Confidential Information received (or derivatives thereof) solely for the purpose of performing its obligations under this Agreement.
Obligations to Confidential Information:
Recipient shall not disclose or permit any non-Affiliate party access to any Confidential Information, except Recipient’s officers, directors, employees, contractors, representatives, or agents on a need to know basis and where all such officers, directors, employees, contractors, representatives, or agents have confidentiality obligations at least as restrictive as those set forth in this Section. Recipient agrees to use reasonable efforts to protect the confidential or proprietary nature of such Confidential Information (and any derivatives thereof), using at least the same degree of care it utilizes for the protection of its own strictly confidential and proprietary information. The obligations under this Agreement will continue: (i) with respect to Confidential Information (and/or derivatives thereof) that does not constitute a trade secret, in perpetuity after the termination of this Agreement; and (ii) for any Confidential Information (and/or derivatives thereof) that constitutes a trade secret, for so long as such information remains a trade secret under applicable law. Notwithstanding the foregoing, in the event disclosure is required by court, government order, or law (such as state open records or freedom of information acts), Recipient shall promptly notify Discloser of such order or requested disclosure so that it may seek a protective order or other appropriate remedy and only disclose such Confidential Information to the extent required.
Return/ Deletion of Confidential Information:
All Discloser Confidential Information and derivatives thereof shall remain the property of Discloser and will be deleted or returned to Discloser within ten (10) days following the termination of this Agreement. Without limiting the foregoing or the entailed Restrictions, You shall not disclose or display any Confidential Information of 42Gears , including the Software, to any Competitor of 42Gears.
- Third Party Software: The Service including Software may incorporate or access Third Party Software and services. You agree to and must ensure all users comply with all applicable terms and conditions for the Third Party Software at all times. To the extent permitted by law, all Third Party Software provided with or contained in the Software is provided “AS IS” without warranty of any kind. 42Gears will have no liability or responsibility for the operation or performance of the Third Party Software and will not be liable for any damages, costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the Third Party Software.
- LIMITATIONS. You hereby agree and comply with the following terms regarding the use of the Services:
(a)You are responsible for all telecommunications service (telephone, data, Internet and any other such service) with respect to Your Devices. 42Gears is not responsible for data usage or any other charges between you and your carrier or service provider that you may incur using Your Device with 42Gears Service.(b)You may not use the Service with Your Devices that in 42Gears opinion are in poor operating condition, that interfere with the operation of 42Gears Service, that generate excessive traffic to 42Gears Service’s network, or that are used for activities other than mentioned in this Agreement including the activities that is illegal or in violation of local, state, or federal laws such as copyright infringement, attempt to reconstruct or discover source code, gain unauthorised access to the Services etc . In addition to its other remedies, without notice to you 42Gears may block any of Your Devices which do not comply with the foregoing or any other provisions of this Agreement.
(c)You represent, warrant and covenant the following:
(i)you own or have sufficient rights in Your Devices to permit them to be used with 42Gears Service and your use pursuant to this Agreement does not violate any agreement with any third party; and
(ii)you will comply with all Documentation and other instructions of 42Gears with respect to any of Your Devices that you use with the Service.
(d)You shall be solely responsible for Your Devices and for any and all activities that occur under Your Devices and the users associated with You in connection with the use of the Service.
(f)You are responsible for all decisions regarding your App and Devices and Your users based on your use of 42Gears Service, including without limitation any losses or liabilities arising from the results of using the Service. Without limiting the foregoing, you agree that 42Gears and its officers, directors, agents, and employees, have no liability for errors or omissions in the output of 42Gears Service, such outputs including, without limitation, the material error in the Software or Your excessive data usage or loss related thereto.
(g)42Gears shall not monitor or undertake any responsibility for any of Your Devices and the use of the Services by your users including their consent.
Further, 42Gears shall not be responsible for any harm or infringement or violation of any law including the data protection regulations associated with Your Devices or your users Devices and in relation to your use of the Services.
- COLLECTION AND USE OF PERSONAL INFORMATION
- GOVERNING LAW: This Agreement is governed and construed by the laws of India, without regard to choice or conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The official language of this Agreement is English. All contract interpretations, notices and dispute resolutions shall be in English. The venue and the exclusive jurisdiction shall be Bengaluru, Karnataka for all the disputes arising out of this Agreement.
- LIMITATION OF ACTIONS. No action arising out of this Agreement, regardless of form, may be brought by you more than one year after the date the cause of action has accrued.
- EXPORT COMPLIANCE. The Service may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you as an individual and your organization are not named on any U.S. government denied-party list. You shall not use or export the Service in violation of any U.S. export law or regulation.
- Non-Exclusivity. Nothing herein will be deemed to preclude us from providing the Service and/or Licensed Program to any other person. We may use subcontractors to perform our duties, or any part thereof under this Agreement. However, our right to subcontract any of the Service does not relieve us from any of our duties or obligations toward you under this Agreement.
- Force Majeure. Neither party will be liable for delays or any failure to perform the Service or in respect of the Licensed Program or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labour difficulties, to the extent not occasioned by the fault or negligence of the delayed party.
- Equitable Relief. You acknowledge that we will be irreparably harmed if your obligations and undertakings herein are not specifically enforced, and that we would not have an adequate remedy at law in the event of actual or threatened violation by yourself of such obligations and undertakings. Therefore, you agree that we are entitled to seek and obtain an injunction, without bond, and/or any other appropriate decree of specific performance or any other appropriate equitable relief in the event of actual or threatened violation by yourself of any of the terms hereof in addition to the other remedies available for us at law.
- Marketing: Unless otherwise objected to by You in writing, You hereby permits us to use your trademarks, trade name and logo for the purpose of listing you in our customers on our website or any online platform. Further you also permit us to bring out press releases and will be open to provide endorsement quotes for our marketing purposes.
- MISCELLANEOUS. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. 42Gears reserves the right to modify the terms of this Agreement from time to time and such modification will take effect as and when published on the website or notified to you. No failure or delay by either party to exercise any right, power, or remedy constitutes a waiver of that right, power, or remedy. A party’s waiver of the performance of any covenant or any breach is not to be construed as a waiver of any succeeding breach or of any other covenant. If any provision of this Agreement requires judicial interpretation, this Agreement is not to be more strictly construed against one party than the other. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the provision will be ineffective only to the extent of the invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. You may not assign, sublicense, or transfer this Agreement without the prior written consent of 42Gears. Any attempt by you to sublicense, assign or transfer any rights, duties, or obligations hereunder is null and void.
- Contact Us: You may contact us with any question about the Service via email at email@example.com. We will make our best efforts to address your inquiry promptly.