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Terms of Use

SiSo Holdings Limited Terms of Use

LAST UPDATED: 21 MARCH 2024

Welcome, we are SISO HOLDINGS LIMITED and its subsidiaries (“SiSo” or “we” or “us” or “our”). Our website is located at https://sisotechnologies.com/ (and any successor website thereto) (the “Site”), along with any content, functionality, and other services provided by us through or as described on the Site (collectively and including the Site, our “Service”). These terms of service (the “Terms”) are a legally binding contract entered into by and between you and SiSo and the terms and conditions of these Terms, as set forth below, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of the Service and may only be varied with our express written agreement. Your use of the Service, or by clicking to accept or agree to these Terms when this option is made available to you, constitutes your consent to these Terms. If you do not want to agree to these Terms, you must not access or use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 18 (ARBITRATION) THAT YOU AND SISO WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST SISO.

You are (i) a client (the “Company”) or (ii) a user authorized by the Company to upload, access, view, share or otherwise make available certain documents or other materials such as the text of, or attachments to, a publication or comment (the “Documents”), contained on the Service. Access to and use of this Service and any the Document(s) are, in each case, subject to (x) applicable laws and regulations and (y) these Terms.

To the extent the Service processes or provides access to materials subject to attorney-client privilege (or any other form of privilege), neither the Company nor any other person is waiving or diminishing, and shall not be deemed to have waived or diminished, any such protection(s), including its attorney work-product protections, attorney-client privileges or similar protections and/or privileges as a result of providing any such process(es) and/or access.

This Agreement does not alter, modify, or amend any other agreements or obligations you, or any other person, may have with or to the Company and/or any of its affiliates.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF ANY ENTITY THAT EMPLOYS OR ENGAGES YOU OR THAT, YOU REPRESENT IN CONNECTION WITH THE PROJECT (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION.

References to “you” and “your” in this Agreement will refer to both the individual using the Service and to any such Organization.

1. Use of Service

You agree to use the Service for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you: (a) are at least the age of majority in your state, province and/or jurisdiction of residence; (b) are legally capable of entering into a binding contract, and (c) will use the Service and all portions thereof in accordance with all applicable laws and regulations.

You agree to not use the Service to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with the Service’s network or security features or to gain unauthorized access to our systems.

SiSo will have the right, but not the obligation, to monitor your use of the Service.

You represent, warrant and covenant to us that: (a) you will implement and maintain measures to comply with any applicable laws and regulations in connection with the activities undertaken by you under this Agreement, including in connection with your use of the Services; and (b) you have all necessary rights and permissions to use the Company Data (as defined in Section 9 below), including all necessary consents to upload and transmit the Company Data to, and display and otherwise make available the Company Data through, the Service as contemplated by this Agreement in compliance with all applicable data protection and privacy obligations, laws, rules, and regulations.

2. Changes to the Service or this Agreement

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. All changes are effective immediately when we post them and apply to all access and use of the Service thereafter. However, any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Service following the posting of any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. You are expected to check this page of the Site each time you access the Service.

We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to withdraw or amend any service or material we provide on the Service, in our sole discretion without notice.

3. Information Submitted Through the Service

Your submission of information through the Service is governed by our Privacy Policy, which can be found at https://sisotechnologies.com/privacy-policy (the “Privacy Policy”). You represent and warrant that you have all rights, licenses, and permissions required for any and all information you provide in connection with the Service.

4. Rules of Conduct

In connection with the Service, you must not:

  • Access or use the Service or any portion thereof for any purpose or in any manner other than as expressly permitted under this Agreement.
  • Extract ideas, algorithms, procedures, workflows or hierarchies from the Service or any portion thereof, or otherwise attempt to reverse engineer the Service or any portion thereof, or use the Service or any portion thereof for the purpose of creating another product or service.
  • Provide any means of access to, or otherwise display or transmit, the Service from or through any website (including by “framing” or “mirroring”) other than the website provided by SiSo for such purposes.
  • Remove any disclaimer, copyright, trademark, confidentiality, or other legal notice from the Service or any portion thereof (or any associated documentation or materials).
  • Post, transmit, or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, logic bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
  • Upload to or process using the Service any (i) content or other materials containing any Virus (ii) Social Security numbers, driver’s license numbers, financial account numbers, or similar; (iii) personal information about children under the age of 13; or (iv) any other information that is deemed sensitive under applicable laws or regulations.
  • Use the Service, or any services or materials available through the Service for any purpose that is fraudulent or otherwise tortious or unlawful or in any manner that would violate or prejudice the legal or other ownership rights of any third party.
  • Harvest or collect information about users of the Service.
  • Attempt to gain unauthorized access to, or interfere with or disrupt the operation of, the Service, or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure, or policy of such servers and networks.
  • Attempt to engage in any other conduct that restricts or inhibits any other person from using the Service, or which may harm SiSo or users of the Service.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service, except as expressly authorized herein, without SiSo’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
  • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without SiSo’s express prior written consent.
  • Systematically download and store Service content unless you have the right and/or permission to do so.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Service content or reproduce or circumvent the navigational structure or presentation of the Service, without SiSo’s express prior written consent.

5. Accounts; Accessing the Service

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We may reject, or require that you change, any username, password, or other information that you provide to us in registering for an account. Your username and password are for your personal use only and must be kept confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to all or part of the Service using your username or password. You, and not SiSo, are responsible for any use or misuse of your username or password. You agree to promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account or if you have a reason to suspect any unauthorized use of the Service or any loss or theft of any user name or password. We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

6. Availability

We endeavour to ensure that the hosted elements of the Service will be available for remote access no less than 99.5% of the term of the contract between the Company and SiSo, excluding Excused Outages (as defined below) (“Availability”). Downtime as a result of any causes beyond the control of SiSo or that are not reasonably foreseeable by SiSo, including, without limitation by any of the events noted below are excluded from the Availability calculations (collectively, “Excused Outages”):

  • Your environment issues affecting connectivity or interfering with the Service, including without limitation, telecommunications connection or any other your software or equipment, your firewall software, hardware or security settings, your configuration of anti-virus software or anti-spyware or malware software, or operator error;
  • any third party software, hardware, or telecommunication failures, including Internet slow-downs or failures;
  • force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of SiSo;
  • issues related to third party domain name system (DNS) errors or failures;
  • scheduled maintenance of the Service, conducted on a regular basis, of which SiSo will give a minimum of twenty-four (24) hours advanced notice by posting on the Service, email, or other pre-approved notification; and
  • emergency maintenance of the Service, not to exceed four (4) hours in any month, for which you may not receive advanced notice.

In the event SiSo fails to achieve the Availability requirement, SiSo will use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event SiSo fails to achieve the Availability requirement during the term of the contract between the Company and SiSo, the Company may terminate this Agreement within thirty (30) days of SiSo first failing to achieve the Availability requirement, without further obligation and receive a prorated refund of any pre-paid, unused recurring fees. The refund will constitute your and the Company’s sole and exclusive remedy and SiSo’s (and its affiliates) sole and exclusive liability for failure to achieve the Availability requirement.

7. Errors and Omissions

Please note that the Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on the Site, except as required by law.

8. Feedback

If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service, any products or services, or otherwise, you hereby acknowledge and agree that such Feedback is not confidential or proprietary to you, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place SiSo under any fiduciary or other obligation.

9. Proprietary Rights

SiSo Intellectual Property

As between you and SiSo, SiSo exclusively owns and retains all right, title and interest (including all intellectual property rights) in and to: (a) the Service and all portions thereof; (b) all data or information owned by SiSo or any of our affiliates or licensed by SiSo or any of our affiliates from a third party, but excluding any Company Data (the “SiSo Data”); (c) all intellectual property owned SiSo or our affiliates (“SiSo IPR”); and (d) any intellectual property rights developed by SiSo or our affiliates, contractors, consultants or outsourcing providers, whether related to this Agreement or not, during the term of this Agreement (“SiSo Developments”); in each case of (a) to (d), including all improvements, enhancements or modifications thereto made by or on behalf of SiSo.

The entire right title and interest in any SiSo Developments will vest in SiSo upon creation of such SiSo Developments, and in the event you are deemed to obtain any interest in any SiSo Developments, you will assign, without further consideration, all of its right, title, and interest in and to such SiSo Developments and intellectual property rights therein to SiSo.

Background Intellectual Property

Each party owns all rights, title and interest in all intellectual property rights and technology of such party and/or its affiliates that is created, invented, or developed prior to the effective date of this Agreement (“Background IP”) and any improvements made, at any time, to such Background IP by either party, subject to any licenses expressly granted to the other party for the purposes of performing its obligations under the Agreement.

Except as expressly set forth herein, nothing in this Agreement grants or otherwise gives either party ownership in, or other proprietary rights or license to use, the other party’s Background IP, or other intellectual property rights (or any derivative thereof), and all such rights are reserved.

Company Data

“Company Data” means all data or information, including any Documents, that are uploaded to the Service by the Company or on behalf of the Company. Save to the extent set out in this Agreement, no right, title, license, or interest (including, but not limited to, intellectual property rights) in and to the Company Data is conveyed by virtue of such data, information or Documents being uploaded to the Site.

User Data

You retain all right, title and interest (including, but not limited to, intellectual property rights) in and to your data or information that you uploaded or enter into the Services, excluding any Company Data (the “User Data”).

Licenses

Subject to the terms and conditions of this Agreement, SiSo hereby grants to you a non-exclusive, non-transferable (except as provided in Section 21), non-sublicensable license during the term of this Agreement to use the SiSo IPR solely for the purposes of receiving and using the Service.

You hereby grant SiSo and its affiliates a worldwide, non-exclusive, non-transferable, royalty-free license under your rights in the User Data and the Company Data to use, store, and process the User Data and the Company Data (including the learnings generated by the Service and underlying algorithms and any data that is automatically stored by the Service in the course of providing the services under this Agreement, to the extent it is anonymized): (i) in connection with providing and improving the Service and, (ii) to the extent that it is anonymized and does not contain any personally identifiable information or any identifying information that can be associated with you or your business, for the purposes of generating and using intelligence data in the course of our business, and, for avoidance of doubt, such intelligence data is and shall be owned by us.

The Services

Subject to your compliance with this Agreement, and solely for so long as you are permitted by SiSo to use the Service, you may view one (1) copy of any portion of the Service to which we provide you access under this Agreement, on any single device, solely for your use and not for further reproduction, publication, or distribution. We own the Service and its entire contents, features, and functionality, which is protected by intellectual property or other proprietary rights laws. This Agreement permits you to use the Service for your use only.

10. Confidentiality and Information Security

“Confidential Information” means information disclosed by one party (“Discloser”) to the other party (“Recipient”) identified as, or disclosed or obtained under circumstances reasonably indicating it is, confidential or proprietary. For the avoidance of doubt, User Data will be your Confidential Information, Company Data is Company’s Confidential Information and SiSo Data will be the Confidential Information of SiSo.

You agree to use the highest degree of care to safeguard Confidential Information contained on the Service and shall not at any time publish, disclose, or otherwise disseminate, duplicate, or use, directly or indirectly, Confidential Information for your own benefit or that of any of your employees or subcontractors or any other third party.

Your ability to disclose and/or use Company’s or any third party’s Confidential Information is governed by any confidentiality agreements that you or the Organization have entered into with the Company or applicable third party.

Nothing in this Agreement shall be deemed to waive or vary any other applicable agreement(s), or terms thereof, entered into with respect to your or the Company’s confidentiality undertakings or related obligations.

In the event of information security breach in connection with your use or access to the Service, which you become aware of or suspect has occurred, please bring it to our attention as soon as reasonably practicable and in any event within 24 hours after occurrence of the above by emailing to [email protected] and share the applicable supporting documents and information.

11. Third Party Services

You acknowledge and agree that the availability of the Service may be dependent upon your entering into a valid license to products or services provided by third parties (“Third Party Services”). You acknowledge that this Agreement is between you and SiSo, and not any such third party provider. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable third-party terms when using the Service. The availability through the Service of any Third Party Services or any listing, description, or image of a Third Party Service does not imply our endorsement of such Third Party Service or affiliation with the provider of such Third Party Services. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding access to and the use of any Third Party Services.

ANY THIRD PARTY SERVICES OR PRODUCT THAT YOU MAY CHOOSE TO USE ARE NOT OUR PRODUCTS, AND WE DO NOT WARRANT OR SUPPORT THOSE PRODUCTS IN ANY WAY, AND, ULTIMATELY, YOU (AND NOT US) WILL DECIDE WHETHER AND HOW YOU USE THOSE THIRD PARTY PRODUCTS. ANY USE OF ANY THIRD PARTY PRODUCT IS SOLELY BETWEEN YOU, AND THE THIRD PARTY PROVIDER, AS APPLICABLE.

12. Third Party Materials

Certain Service functionality may make available access to information and other materials made available by third parties, (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by SiSo with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE/SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

13. DISCLAIMER OF WARRANTIES

Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. THE SERVICE, COMPANY DATA, AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SISO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, COMPANY DATA, AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH SISO AND ITS AFFILIATES AND, AS APPLICABLE, THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Without limiting the foregoing, neither SiSo nor anyone associated with SiSo guarantees that the Service, or its content or any services or items obtained through the Service, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations.

You understand that we do not guarantee that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

No aspect of the provision of the Service by SiSo will constitute the provision of advice (whether legal, financial, investment or any other type) by SiSo or any of its affiliates or representative. You are encouraged to consult with legal professionals and/or other qualified advisors, as applicable. The use of the Service does not create an attorney-client relationship between you and us. By accessing and using the Service, you agree to waive any claims or liabilities against SiSo and its affiliates related to the absence of legal advice or the reliance on any information provided on the Service.

14. LIMITATION OF LIABILITY

NEITHER SISO NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE AFFILIATED ENTITIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF USER CONTRIBUTIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY USER CONTRIBUTIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SISO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, COMPANY DATA, OR THIRD PARTY MATERIALS, INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY PRODUCTS/SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, COMPANY DATA, OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF SISO FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE 10,000 US DOLLARS OR, IF HIGHER, THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH SISO AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

15. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless SiSo and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to: (a) your use of, or activities in connection with, the Service; (b) any violation or alleged violation of this Agreement by you; and (c) allegation that the Company Data, and the processing, display, uploading, transmittal, making available, or other use thereof by you and/or SiSo, infringes, misappropriates or otherwise violates any copyright, trade secret, patent, or other intellectual property, privacy, or proprietary rights of any third party.

16. Termination

This Agreement is effective until terminated. SiSo may terminate or suspend your use of the Service at any time and without prior notice, if SiSo believes that you have violated or acted inconsistently with this Agreement, if there is a denial of service attack on SiSo’s servers or systems, a security breach, or a similar event and SiSo reasonably believes that suspension is reasonably necessary to protect its servers or systems, information or data, or other clients; or the suspension is requested by a law enforcement agency, government agency or similar authority. Upon any such termination or suspension, your right to use the Service will immediately cease, and SiSo may, without liability to you or any third party, immediately deactivate or delete your username, password, and account, and all associated materials, without any obligation to provide any further access to such materials. The parties hereto acknowledge that many of the terms and conditions of this Agreement are intended to survive any termination of this Agreement. Therefore, any terms and conditions that are intended by their nature to survive the termination of this Agreement shall survive such termination regardless of whether such provision is expressly stated as so surviving.

17. Governing Law

The terms of this Agreement are governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of law, and regardless of your location.

18. Arbitration

18.1 Generally. In the interest of resolving disputes between you and SiSo in the most expedient and cost-effective manner, you and SiSo agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SISO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY COLLECTIVE ACTION.

18.2 Exceptions. Despite the provisions of Section 18.1 (Generally), you and SiSo agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

18.3 Arbitrator. Any arbitration between you and SiSo will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SiSo.

18.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or only if that other party has not provided a current physical address, then by electronic mail (“Notice”). SiSo’s address for Notice is: DD-15-134-004-007, Level 15, Wework Hub71, Al Khatem Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates. The Notice must: (i) describe the nature and basis of the claim or dispute in detail; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or SiSo may commence an arbitration proceeding. An arbitration proceeding may not commence until 30 days after Notice has been received. During the arbitration, the amount of any settlement offer made by you or SiSo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. YOU AND SISO FURTHER AGREE THAT NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS PROVIDE, INCLUDING, BUT NOT LIMITED TO, THE LIMITATIONS ON LIABILITY IN SECTION 14 (LIMITATION OF LIABILITY).

18.5 No Class Actions. YOU AND SISO 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, unless both you and SiSo agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

18.6 Enforceability. If Section 18.5 (No Class Actions) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 (Governing Law) will govern any action arising out of or related to this Agreement.

19. Information or Complaints

If you have a question or complaint regarding the Service, please send an e-mail to [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include bank account, credit card, or other payment information or other sensitive information in your e-mail correspondence with us.

20. Export Controls and Sanctions

To the extent applicable, you are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a state sponsor of terrorism; or (b) on any of the U.S. government lists of restricted end users.

“Sanctions” means any economic or financial sanctions or trade embargoes implemented, administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Departments of State or Commerce or any other US government authority, the United Nations Security Council, the European Union, His Majesty’s Treasury, Switzerland or other such Sanctions authority in a jurisdiction of relevance to this Agreement.

You represent and warrant that neither you, nor any of your affiliates, shareholders, directors, officers, employees, representatives (as applicable), are a person, or is owned or controlled by a person that is (i) located in any jurisdiction in which the provision of the Services or other components is prohibited under any applicable laws or regulations, including, without limitation, a country or territory that is subject to comprehensive trade sanctions (including, without limitation Russia, Cuba, Iran, North Korea, Syria or parts of Ukraine temporarily occupied by Russia); (ii) the subject of any Sanctions, (iii) engaged in any activities that could trigger a designation under Sanctions, or (iv) employs, uses, procures or subcontracts any workers or labour originating from or attributable to countries that are currently under the Sanctions.

21. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and SiSo. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and SiSo relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SiSo relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SiSo will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.