Terms of Service

The Services are provided exclusively to individuals not less than 18 years of age or any other, considered legal age by the laws of the user’s State of residency, nationality or citizenship.

Each user is solely responsible for all actions performed through the Services. If you operate an organization with the use of the Services, you must ensure that all individuals with access to the Services within your organization have read and understood these Terms, and you accept that any actions taken by such users may shall be regarded as your sole responsibility as an authorized person.

You and all communicating Users shall ensure compliance with these Terms. You and any other communicating user is responsible for access to and use of the Services and Software. You and any other communicating user is responsible for the activities of all communicating Users in performing of the Services and the Software, including ensuring that all communicating Users will comply with these Terms. You acknowledge that you remain liable for the acts and omissions of any other communicating User and/or third party that you or any other communicating User allow, enable, or otherwise provide access to the Services or Software, whether or not such access was granted by the Company.

Under no circumstances or interpretation of these Terms by any applicable law will the Company assume any responsibility or liability for violations of these Terms by user or any other third party that you allow, direct, or enable to access the Services or Software by any means, partially or in a whole. If you or any of communicating Users becomes aware of any violation of these Terms or in connection with use of the Services or Software by any person and/or illegal or criminal activity by any applicable law in the use of the Services, you must contact the Company immediately.

Under no circumstances or interpretation of any applicable law will the Company be liable in any way for any data or other content viewed or transferred while using the Services by user and any other communicating User and/or third party that you or other communicating Users allow, enable, or otherwise provide access to the Services or Software, including any errors or omissions in any such data or other content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or other content.

The Company may exercise the right to investigate any complaints and violations of these Terms and may take any action, in its sole discretion, including disconnecting the Services or Software or permanently blocking access to user and communicating users, IP-addresses and/or devices, or taking other reasonable actions in its sole discretion, whether coming to attention of the Company or in response to orders, inquiries, claims, notices from the competent authorities.

You or any other communicating User and/or third party that you or any other communicating User allow, enable, or otherwise provide access to the Services or Software, whether or not such access was granted by the Company are solely responsible for compliance with all applicable Laws governing and regulating (as well as securing privacy and prohibiting non-consensual recordings) the monitoring or recording of any type of conversations, meetings, webinars, private or group phone calls. By these Terms, you or any other communicating User and/or third party that you or any other communicating User allow, enable, or otherwise provide access to the Services or Software, whether or not such access was granted by the Company, becomes solely responsible for the recordings.

You agree not to use the Services and not permit the use of the Services directly or indirectly, knowingly or negligently, for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:

1. adisrupting the Company's servers and networks in your use of the Service;
2. bmodify, customize, disassemble, decompile, prepare derived works of, create improvements, derive innovations from, reverse engineer, or attempt to gain access to any underlying technology of the Services or Software, including any source code, process, data set or database, management tool, development tool, server or hosting site;
3. cengage in any activity or use the Services or Software, that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services or Software, or any servers or networks connected to the Services, Software and security systems;
4. dknowingly or negligently use the Services or Software in a way that abuses, interferes with, or disrupts Company’s or hosting provider’s networks and servers, your account, other user rights, or the Services;
5. euse the Services or Software for the development, production, or marketing of a service or product substantially or noticeably similar to the Services or Software;
6. fbuild or benchmark a competitive product or service, or copy any features, functions, or graphics of the Services or Software;
7. gengage in activity that is illegal or considered criminal under international Law (including non-signed or non-ratified international legal instruments by the user’s State of residency, nationality or citizenship);
8. hengage in activity that is illegal or considered criminal, fraudulent, false, or misleading under national laws of any State (any applicable Law);
9. itransmit through the Services or Software any material that may infringe, misappropriate, or violate the Proprietary, Exclusive, Privately-owned Rights of third parties;
10. juse the Services or Software to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would infringe or violate the Proprietary Rights of any party, or is otherwise harmful, unlawful, illegal or would give rise to civil or criminal liability, under any applicable Law;
11. kaccessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material or related content, any other types and/or forms of Sexual Abuse Material;
12. linfringing upon or violating the intellectual property rights or personality rights of the Company or a third party;
13. mharassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
14. npromoting illegal activities or providing instructional information to other parties to commit illegal activities under national laws of any State (any applicable Law);
15. oaccessing the Services through automated means (including but not limited to bots, scripts, or similar technologies) in a manner that is distinguishable from the standard client behavior of human users, that deviates significantly from normal usage patterns, that exhibits characteristics of abuse, or that attempts to circumvent the Company's security controls;
16. pengaging in spam calls and other activities, which are defined as the practice of sending irrelevant or unsolicited content over the internet to a non-particular recipients for the purposes of advertising, phishing, collecting personal data or spreading malware or viruses;
17. qusing the Services or Software for unauthorized calls or messages to persons that have not specifically agreed for such use;
18. rattempting to access, probe, or connect to computing devices without proper authorization, meaning any form of unauthorized hacking practice;
19. suse the Services to share or in any manner use content that violates any applicable law (of any State) or the rights of a third party;
20. tuse the Services or Software in violation or in a manner that violates applicable Law, including anti-spam, import and export control, intellectual property, privacy, anti-terrorism, anti-bribery laws, regulations and policies, foreign corrupt practices, and any other Laws requiring the consent of subjects of audio and video recordings, collection of personal and confidential data.

The Company reserves the right to suspend or delete User Accounts that have been inactive for a consecutive period of 12 months.

The account is considered active by logging in to your Account on Software web platform at least once in a period of 12 months.

The Company does not make any warranty about the reliability of the Services or the security of user data and content transferred, passed or disclosed by any other means in use of the Service. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied.

The Company does not store or keep the contents of user data and content transferred, passed or disclosed by user or by any other means in use of the Service.

The Company is not liable if confidential, personal, proprietary material, data of any kind is unintentionally or knowingly released, passed or transferred by the user in use of the Services to communicating users or any third party by any means existent. Due to the encrypted nature of the Services and Software, you (i.e. user) acknowledge and confirm that the Company has no ability to store, keep or recover the contents of user data and content transferred, passed or disclosed by user or by any other means in use of the Service.

To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you (i.e. user) or any third party or official authorities under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees) or expenses, whether under these Terms or otherwise, arising in any way in connection with the Services, the Software or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, or for any other claim, demand, or damages whatsoever, arising out of or related to use or inability to use of the Services and the Software.

You agree that the Company, its affiliates and any parents, subsidiaries, officers, directors, shareholders, members, consultants, employees, agents, licensors or third-party contractors (“Indemnified Parties”) cannot be held responsible for any third-party claim, demand, or damages, including attorneys’ fees, arising out of your use of the Services or the Software. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of the Services and the Software.

You or any other communicating User and/or third party that you or any other communicating User allow, enable, or otherwise provide access to the Services or Software, whether or not such access was granted by the Company, are solely responsible for your compliance with all Laws that apply to your access to and use of the Services and Software, including Laws requiring you to provide proper notifications, to provide appropriate notices of third party rights and to obtain proper consents, which may be necessary to allow third parties to access, use, and share data and content. You shall comply with, and ensure that all communicating Users and/or third party that you or any other communicating User allow, enable, or otherwise provide access to comply with all applicable Laws in connection with your obligations under these Terms, including access to and use of the Services and Software as well as access to data and content and sole responsibility for its security and privacy.

The Company confirms that all data, content, communications, messages, files, documents, or other materials that you or any other communicating User and/or third party that you or any other communicating User allow, enable, or otherwise provide access to the Services or Software, whether or not such access was granted by the Company, generate or provide in connection with use of the Services or Software, together with any resulting transcripts, recordings, outputs, visual displays, or other content, shall not be recorded or stored and impossible to recover by any means possible.

It is further agreed that any controversy, claims, and or dispute arising out of and/or relating to any part of the whole of these Terms or breach thereof and which is not settled between the parties themselves, shall be settled and binding by and through arbitration in accordance with the rules of the DIFC and through the institution of DIFC Arbitration. The signing parties hereby accept such selected jurisdiction as the exclusive venue.

Any decision and/or award made by the arbitrators shall be final, conclusive and binding for the Parties and enforceable in the Court of Law in the Country of choice of an award by the arbitrators It is further agreed that either party may initiate arbitration of a dispute from any controversy, claims, and or dispute arising out of and/or relating to any part of the whole of these Terms or breach thereof and which is not settled between the parties themselves, shall be settled and binding by and through arbitration in accordance with the rules of the DIFC and through the institution of DIFC Arbitration, using the English language.

Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and the Company will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator.

The signing parties hereby accept such selected jurisdiction as the exclusive venue.

Any decision and/or award made by the arbitrators shall be final, conclusive and binding for the Parties and enforceable in the Court of Law in the Country of choice of an award by the arbitrators

You agree that these Terms shall be governed in all respects by the substantive laws of Republic of Georgia, to the maximum extent permitted by law. Any disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, the Software, the Services or other communications between you and the Company, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be subject to the laws of Republic of Georgia.

In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms are not affected or impaired in any way.

The Company and you intend that any invalid, illegal, or unenforceable portions of these will be interpreted to provide the greatest effect and intent of the original. If a construction of the invalid, illegal, or unenforceable portion is not possible, the invalid, illegal, or unenforceable portion will be severed from the Terms and the rest of these Terms will remain in effect and full force.

Any heading, caption, or section title contained in these Terms is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural and vice versa, where appropriate and unless otherwise specified.