OUR SERVICES ARE NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 16. ANY USE OF OUR SERVICES BY A CHILD UNDER THE AGE OF 16 MUST BE UNDER PARENTAL SUPERVISION AND EXPLICIT CONSENT. IF WE LEARN THAT A PERSON UNDER THE AGE OF 16 IS USING THE SERVICES WITHOUT PARENTAL SUPERVISION AND CONSENT, WE WILL PROHIBIT AND ATTEMPT TO BLOCK SUCH USE AND WILL MAKE REASONABLE EFFORTS TO PROMPTLY DELETE ANY PERSONAL DATA STORED WITH US WITH REGARD TO SUCH CHILD.
The Parties agree as follows:
2.1 “Confidential Information” means any information, technical data, or know-how, whether presently existing or hereafter developed, considered proprietary or confidential by the Disclosing Party (defined below) including, but not limited to, any materials specifically marked as “Confidential” or Proprietary”, any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, the Disclosing Party’s or its affiliates’ research, products, computer hardware and software, plans, designs, architecture, drawings, services, developments, inventions, processes, specifications, diagrams, engineering, marketing, techniques, documentation, customer and supplier lists and information, product ideas, pricing information, procedures, data concepts, business and marketing plans or strategies, financial information, operations information and business opportunities disclosed by the Disclosing Party or its affiliates to Receiving Party (defined below) either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to the Disclosing Party’s or its affiliates’ premises. Confidential Information shall also include any disclosed information of third parties that a Disclosing Party or its affiliates is obligated to protect as trade secret or confidential.
2.2 “Intellectual Property Rights” means all intellectual property rights in any part of the world, including, without limitation, patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in trade dress, rights to goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semiconductor and topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection which subsist or may subsist now or in the future.
2.3 “User Data” means the data or information provided or inputted by or on behalf of User for the purpose of accessing and using the Service, and all information derived from the foregoing, including any documents uploaded into the Services or any results of processing the foregoing through the Service.
2.4 “Services” means the access to AMW’s Aidodys platform, provided “as is” by AMW, and that shall be subject to future enhancements or modifications.
4. User Account. AMW shall, during the Term, provide User with access to the Services. To access and use the Services, User must set up an account. When setting up the account, User must provide current, complete and accurate information. User will at all-time be responsible for maintaining the security of the account and shall take all necessary steps to protect the account password from disclosure. User is fully responsible for its own and third party use of the account. AMW will not be liable for any loss and/or damage resulting from User’s failure to comply with this section. User agrees to notify AMW immediately upon learning of any unauthorized use of the account or any other breach of security.
6. License; Ownership.
7. Personal Data.
7.1. User shall comply with all applicable laws and regulations in its provision, use of or access to the Services
7.2. User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and copyright of all User Data.
7.4. AMW follows globally recognized data protection principles and industry- leading standards for the security of personal data. 7.5 User hereby agrees that in case no separate Data Processing Agreement has been signed by the parties, any processing of information performed by AMW on User’s behalf in connection with the Services shall be governed by the terms and conditions of the current Data Processing Agreement set forth in https://contentsquare.com/privacy-center/aidodys-dpa/.
8. Warranties. EXCEPT AS PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, AMW EXPRESSLY MAKES NO OTHER WARRANTIES, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES, OR DOCUMENTATION THEREOF, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT, AMW DOES NOT WARRANTY THAT THE SERVICES, OR DOCUMENTATION WILL MEET USER NEEDS, BE ERROR FREE, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” THE DISCLOSING PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPLETENESS OR PERFORMANCE.
9. Indemnification and Limitation of Liability:
9.4. This section 9 states the entire liability of AMW and the exclusive remedy of Customer with respect to any infringement or alleged infringement of any third party’s Intellectual Property Rights by the Service any part thereof.
9.5 Unless expressly prohibited by applicable law, User will defend and indemnify AMW, and pay all damages (including attorneys’ fees and costs) awarded against AMW, or that are agreed to in a settlement, to the extent a claim, demand, suit or proceeding is made or brought against AMW or its Affiliates by a third party (including those brought by a government entity) that: (i) alleges that the User Data infringes or misappropriates such third party’s patent, copyright, trademark or trade secret, or violates another right of a third party; or (ii) alleges that the User’s User Data or the use of the Service violates applicable law or regulation.
17. Compliance. Parties agree to comply with applicable Data Protection and privacy laws and regulations worldwide including but not limited to state and federal law and regulations.