DUSFER TERMS OF USE

Version control: 1.0, last modified: August 28, 2020

These Dusfer Terms of Use (hereinafter the “Terms”) set forth the basis on which you are permitted to access and use a mobile application Dusfer (hereinafter the “App”), website https://dusfer.com/ (hereinafter the “Site”), and any other services as may be made available from time to time by the Company (hereinafter collectively the “Services”) provided by FLAGMAN COMMERCE LTD together with its subsidiaries, affiliates, employees, officers, and directors as applicable (hereinafter the “Company” or all forms of pronoun “we”).

For the avoidance of doubt and for the purpose of these Terms and any other agreements and communications with the Company pronoun “you” in all its forms shall include natural persons that are using our Services. All terms and pronouns shall include all genders and a word “including” shall be interpreted as “including but not limited to” at all times, unless indicated specifically otherwise.

These Terms shall govern all aspects of the Company’s offerings, including the products and services contained herein. Please read these Terms carefully before using the Services. By accessing and using the Services in any way, you agree to and are bound by these Terms. If you do not agree to all of the terms and conditions herein, do not use or access the Services in any manner.

1. ACCEPTANCE

1.1. We may provide you with a variety of Services, including the App and the Site. By registering an account with us you accept these Terms and all other policies that govern your relations with us and that are incorporated here by reference.

1.2. By accepting the Terms, you affirm that you have reached either 16 (sixteen) years of age, or another legal age required in your jurisdiction, if higher, or that you are an emancipated minor, or possess legal capacity that empowers you to contract with us, including without limitations on behalf of other persons, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

1.3. The Company reserves the right to update these Terms at any time without the requirement of any notice to you. It is your sole responsibility to check these Terms from time to time as your continued use of our Services after the updated Terms are made publicly available constitutes your agreement with such updated Terms.

1.4. You acknowledge that your relations with us are subject to your local laws and regulations and it is your sole responsibility to ensure that you comply with such laws and regulations.

1.5. By accepting these Terms, you also confirm you are not listed on any U.S. Government list of prohibited or restricted countries or parties, and you are not located in a country that is subject to U.S. Government embargo.

2. USE OF THE SERVICES

2.1. We grant you a worldwide, limited, royalty-free, non-assignable, non-exclusive, revocable license to use the Services and allow you to use the Services in accordance with all applicable laws, in a manner and within a scope allowed in the Terms.

2.2. The Site is intended as a general audience website that enables visitors to learn more about the Company, offered Services, and other content. Our App is an innovative notepad-task book for personal planning designed as a tool for making notes, task management, teamwork, and other useful features as described below.

2.3. As a condition to your use of the Services provided by the Company, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any the Company’s servers, or the networks connected to any the Company server, or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Services without the Company’s prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You further agree not to alter or modify any part of the Service or any of its related technologies.

2.4. You shall use the Services in a manner that complies with the technical and implementation requirements provided via the Site, distribution platforms that enable you to download the App, including AppStore, or otherwise in writing by the Company, including any available instructions regarding each Service.

2.5. Without our explicit written permission, you will not, and will not allow any third party to:

2.5.1. directly or indirectly access, launch and/or activate the Services through or from, or otherwise incorporate the Services in any software application, website, or other means, unless expressly permitted by the Company in writing;

2.5.2. transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau, or other unauthorized purposes the Services or access thereto, including but not limited to ads or any part, copy or derivative thereof;

2.5.3. modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Services, the Company then current protocol for accessing and implementing the Services, or any other Company’s technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation;

2.5.4. remove, deface, obscure, or alter Company’s copyright notice, trademarks, or other proprietary rights notices affixed to or provided as a part of the Services, or any other Company’s technology, software, materials and documentation;

2.5.5. create or attempt to create a substitute or similar service or product through use of or access to any of the Services or proprietary information related thereto; or

2.5.6. utilize any feature or functionality of the Services, or use any code that could be so utilized, to personally identify and/or personally track individual users or any other persons.

2.6. The Services are to be used only for personal non-commercial purposes. You may not use the Services for the purposes or in a manner that:

2.6.1. promote or depict illegal activity or violence;

2.6.2. advocate against a particular social group;

2.6.3. infringe a third party’s rights;

2.6.4. introduce viruses, spyware, malware, and other harmful or dangerous software;

2.6.5. contain sexually explicit content;

2.6.6. depict illicit drugs and drug paraphernalia;

2.6.7. promote online casinos and gambling;

2.6.8. promote weapons or ammunition;

2.6.9. promote strong alcoholic beverages;

2.6.10. could harm minors in any way; or

2.6.11. contain any content that is illegal, promotes illegal activity, or provides information that is misleading, inaccurate, or infringes the legal rights of others.

2.7. The content on the Services, except for all user generated content as defined in clause 6.1, including, music, videos, text, software, graphics, photos, sounds, interactive features, and other content (“Services Content“), and the trademarks, service marks, and logos contained therein are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under applicable laws.

2.8. You acknowledge that the Services and the Services Content are provided to you on an “as is” and “as available” basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. The Company reserves all rights not expressly granted in and to the Site and the Site Content.

3. USE OF THE APP

3.1. The App provided to you as a part of the Services allows you manage your tasks and notes, including storing notes, creating tasks from these notes, setting tasks for other users, making appointments, storing documents and other helpful information.

3.2. For a proper use the App requires a completion of a registration process as envisaged in Section 4 of the Terms, using the phone number. This number may be used to create the list of your contacts that will allow sharing your User Content between you and them. The App also allows you to modify the availability of your profile for the search up until the point where you can hide your profile from the search completely, even if your number is in their contacts.

3.3. The App settings allow you to set your first and last name, profile avatar, email, and username for your account, set up a public availability for your profile, and set up a desired scope of display of your data to other users. For example, you can make sure that other users exclusively see your username, and can only find you by using it. On the contrary, you can conceal exclude your profile from the search or reject undesired incoming tasks and completely block another user.

3.4. The App also has an advanced built-in editor that allows you to create and edit User Content, as defined in clause 6.1 of these Terms, including creation of expanded notes and tasks, creation of presentations, writing books, commenting, inserting pictures, video and audio recordings, managing tables, editing text style, drawing, adding documents and passwords.

3.5. The App is also designed to create and store audio recordings. You are able attach your comments to such recordings and store them in notes. The App also includes a calendar that allows synchronization with built-in iOS Calendar and Google Calendar. The App supports synchronization with certain services provided by third parties, including Trello, Asana, Jira, Booking, Aviasales, AirBnb. The App allows encryption of folders and individual notes with a password.

3.6. All User Content used within the App can be stored on your device, or in iCloud. If you wish to share your User Content with other users, the sharing takes place via our servers and the User Content is stored on our servers until you disable the synchronization. In this case, in order to ensure security of your User Content, such User Content is stored encrypted on the secure servers and the Company does not at any stage process decrypted User Content.

3.7. Despite the Company constantly eliminates all possible vulnerabilities, and we continue to enhance the security of the App, if you are still worried about the secureness of your User Content, you can disable synchronization and to delete User Content from our servers anytime. In this case all User Content will remain solely on your device.

3.8. Please note that third-party features, including iCloud, may have different rules with regard to your User Content and we can neither influence them, nor warrant that they comply with applicable legislation. It is your sole responsibility to research practices of third parties with regard to processing your User Content.

3.9. The App’s functionality can be upgraded in exchange for a fee, as described in Section 4 of the Terms. You can choose a subscription plan in order to unlock:

3.9.1. unlimited number of folders in a section;

3.9.2. unlimited number of notes and tasks in a section;

3.9.3. using separate passwords for individual folders, tasks, notes;

3.9.4. sharing notes and tasks;

3.9.5. synchronization with iCloud and Company servers;

3.9.6. any other functionality as may be communicated to you additionally.

3.10. A full functionality of a subscription plan is available in trial mode that commences automatically at the moment of registration. If you fail to subscribe upon the expiration of the trial period or of a previous subscription period, we reserve the right to limit your ability to use some features of the App. However, your User Content will not be deleted and you will be able to use the limited free version of the App.

3.11. The described functionality of the App is subject to change anytime on discretion of the Company.

4. PAYMENTS

4.1. In order to access certain features of our Services, you may be required to perform a payment. The payment may be either one-time, or subscription-based, depending on the nature of the Services. In case the Services or their part allow you to use a free trial period you will be charged upon the expiration of such trial period. If you decide to settle the payment for subscription before the end of the trial period, the remaining part of the free trial period will be canceled.

4.2. If you decide to access paid features, you will be prompted to complete a transaction according to the prices established by the Company that may vary depending on a geographical region. You agree that we may engage third parties, such as payment service providers or application distribution platforms, in order to assist us in completing such transaction. The subscription fee may be charged via your account at the app distribution platform using payment methods linked to such account. Your subscription shall renew automatically unless auto-renewal is disabled at least 24 (twenty-four) hours before the end of the current subscription period.

4.3. When you elect to purchase a paid feature and enter payment details into a form of payment, you agree that: (i) you will fulfill your obligation to pay by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you for the paid feature of the Services using the established payment method and the information you provide as of the applicable date for payment.

4.4. You may have to pay any taxes or delivery charges described as being applicable to the feature you are buying. You agree to pay the charges for the paid feature in the specified currency and you assume all risks associated with any changing value in the currency relative to other currencies. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge.

4.5. Our prices for paid features do not include any of the third-party fees you incur in connection with using paid features including fees charged by your Internet service provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the paid features; you are responsible for selecting and managing these other services, and paying the fees for such services.

4.6. We may change the price of any paid features from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same paid features would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that paid features. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the paid features subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.

4.7. You may also cancel the subscription anytime without refund, resulting in expiration of your current subscription period regardless of the unused time that has been prepaid. If you wish to pay for another subscription for the same Service or its part, the billed subscription period will not include the unused prepaid period for the previously cancelled subscription. We may also cancel any subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner.

4.8. In addition to the published fees, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs.

5. USER ACCOUNTS

5.1. In order to use some Services or their parts you may be prompted to register an account (hereinafter the “Account”).

5.2. The registration process consists of providing by you your phone number, to which we will send you a one-time registration code. You then will be prompted to enter a password that may be linked to third-party security features, including Face ID or Touch ID. This password will be used to log in. It is also possible to set up a two-factor authentication.

5.3. You are entirely responsible for maintaining the confidentiality of your login credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other security breach.

5.4. The Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to use of your Account or password by third parties. You may not use anyone else’s Account at any time.

5.5. The Account opened for you:

5.5.1. is for your personal use only;

5.5.2. cannot be transferred to any other person without written permission of the Company;

5.5.3. may be occasionally used to provide you with updates on Terms and other policies, news, and general communication from the Company.

5.6. From time to time, we may require your consent to updated or revised version of Terms. Complying with and approving those Terms may be a condition for continued use of the Services. Failing to accept mandatory updates may result in termination of the Terms and all rights granted to you by them.

5.7. You may deactivate your Account anytime for whatever reason. If you wish to do so, you shall use the tools available within the Services, Account, and/or contact our customer support at support@dusfer.com. Please be advised that in case of deactivation of your Account during active subscription, such subscription will be cancelled without refund. Your User Content will not be retained after the deactivation.

6. USER CONTENT

6.1. On some parts of our Services, or in connection with your use of the Services, you may be allowed to submit, post, store, and/or share content created or uploaded by you (hereinafter referred to as the “User Content”). Normally, you are in control of what User Content is shared with others.

6.2. All User Content is securely encrypted in a way that prevents the Company, including its employees, from reviewing it. However, if we receive complaints on User Content from third parties, we may be prompted to investigate them and take remedial actions. We also reserve the right, but have no obligation, to monitor the User Content posted in the public areas of the Services. We may suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, as the Company is unable to moderate encrypted User Content, you understand and accept that by using the Services, you may be exposed to User Content produced by other users that is offensive or objectionable.

6.3. To the extent necessary to operate the Services and fulfill our obligations under applicable laws, you provide us with certain representations with respect to User Content. If you submit, post, store, and/or share the User Content via or using our Services, you guarantee, represent, and warrant to us that:

6.3.1. you have all necessary legal rights to submit, post, store, and/or share such User Content and it does not and will not infringe or violate any law or the rights of any person;

6.3.2. in cases when you submit User Content via or using our Services, while you or the rightful owner of the User Content retain all ownership rights in the User Content, you give us and have the necessary rights to give us the royalty-free, irrevocable, perpetual, worldwide right to process the User Content in order to properly display, perform, and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on various devices) and reproduce such Content to enable Evernote to operate the Service provide access for other users to access the User Content as described in these Terms;

6.3.3. you are entirely responsible for all User Content you submit, post, contribute, link to, upload, email, transmit or otherwise make available in any way by or through the Services;

6.3.4. you have the written consent, release, or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and

6.3.5. for all User Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such User Content, nor do we endorse any User Content; we do not verify the identity of people using the Services; and we do not undertake any obligation to screen, monitor, edit or review the User Content before it appears on the Services.

6.4. The User Content and all your communications with the Company are also subject to restrictions set in clause 2.6 and Section 9.

7. CONDUCT OF USERS

7.1. We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services or whether our Services are otherwise involved in your activities, including without limitation within App:

7.1.1. you will follow these Terms and all applicable laws;

7.1.2. you will never give your login credentials to anyone;

7.1.3. you will not harass, threaten or abuse other people when using the Services in any manner;

7.1.4. you will not interfere with use of the Services by other users or act in a way that negatively affects other users’ enjoyment of the Services;

7.1.5. you will not participate in any action that, in the sole and absolute opinion of the Company, results or may result in any user of the Services being scammed or defrauded in any way in connection with such user’s use of the Services;

7.1.6. you will not upload, post, email, or otherwise make available any User Content that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, service mark, trade secret, or copyrights of any party;

7.1.7. you will not use or exploit any flaws in design, features which have not been documented, or bugs to gain access in any way that is not generally known and intentionally made available by the Company, and you will promptly report to the Company your discovery of any such errors, features or bugs;

7.1.8. you will not attempt to harvest any names, passwords, and/or email addresses providing access to the Accounts of other users for any purpose;

7.1.9. you will not collect or store personal data of any other individual on the Services without their explicit permission, or otherwise stalk, repeatedly undesirably contact, or harass another user;

7.1.10. you will not impersonate any other person, entity, or misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Company; similarly, you will not adopt a false identity, if the purpose of doing so is to deceive or defraud another;

7.1.11. you will not use the Services to harm minors in any way, or encourage interactions of a sexual nature with minors;

7.1.12. you will not manipulate the Services so as to hide your identity or participation in the Services by using another person’s identity, or modifying any other possible identifier with such purpose;

7.1.13. you will not post any User Content that contains any viruses, cancelbots, harmful code, or other software designed to interrupt the Services, the ability of users to enjoy the Services, or the proper functioning of any software, hardware, equipment, or materials used in connection with the Services; and

7.1.14. you will not use Services to distribute unsolicited advertising, promotional information, email or other unwanted solicitation, including without limitation junk mail, spam, chain letters, or pyramid schemes of any sort to any person through the use of the Services.

7.2. If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.

8. INTELLECTUAL PROPERTY

8.1. The Company reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you.

8.2. The Services are owned by the Company or its licensors, as applicable, and protected by applicable law, with all rights reserved.

8.3. The entire Services Content is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used without the express written permission of the Company, except for allowing you to use the Services for your personal non-commercial use as set forth in these Terms.

8.4. When you use the Services, you are not receiving a license or any other rights from us, including intellectual property, or other proprietary rights of the Company or its licensors, unless specifically indicated herein. You understand that you have no rights to the Services or any other property of the Company or its licensors except as expressly provided in these Terms.

8.5. While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as proposals for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, you transfer irrevocably, royalty-free, perpetually, worldwide, and exclusively all the proprietary rights for listed items to the Company upon submission. You waive moral rights for the listed items, your right for any compensation and the rights to forbid, allow, restrict or otherwise by any method influence or obstruct the Company's use or rights for the items listed above.

9. ABUSIVE, INAPPROPRIATE, AND INFRINGING CONTENT

9.1. You understand and agree that the Company may but is not obligated to review and remove any content of any kind, whether Server Content, User Content, or third-party content, as applicable, that on the Company’s sole discretion violates these Terms or which might be offensive, illegal, inappropriate, unsuitable, or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Services (hereinafter the “Abusive Content“).

9.2. Meanwhile you undertake to remove the Abusive Content within reasonable time upon the notice that the Company may send. In addition, each user or third party may notify the Company that it considers certain content to be Abusive Content and provide reasons supporting such notification. The Company may examine such notification and reserves the right, at its sole and absolute discretion take appropriate remedial actions, including to remove all or part of such Abusive Content and/or terminate a user’s ability to upload content violating these Terms, or, if such content is posted via our Services, such Abusive Content shall be removed by you upon our notice as envisaged in this clause.

9.3. The Company takes the protection of intellectual property rights, including copyrights, very seriously. The Company will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to the Company if they have a good-faith belief that their protected works are being infringed. The Company will respond to all such notifications.

9.4. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:

9.4.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

9.4.2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

9.4.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to identify the material;

9.4.4. information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;

9.4.5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

9.4.6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.5. The Company designated may receive notifications of claimed infringement may be contacted at: support@dusfer.com, with the “Copyright” in the subject of your email. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.

9.6. Upon receipt of such notification, the Company may promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material, or demand such material to be taken down and/or access to it to be disabled. After the Company or you remove or disable access to such material, if such material was posted by a user of the Service, the Company may notify the party that posted the material of its action. Such party may then provide the Company designated agent proper counter-notification stating its authority to post the allegedly infringing material, which the Company will forward to the alleged copyright owner. The Company will inform the alleged copyright owner that the Company will repost the removed material, or cease disabling access to it in a shortest reasonable time.

9.7. An effective counter-notification shall be sent to the Company email listed above. The notice must include the following information:

9.7.1. the counter-notifying party’s physical or electronic signature;

9.7.2. identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;

9.7.3. a statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

9.7.4. the counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the court in its district, or if the subscriber is foreign, it consents to any jurisdiction where the Company is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided the Company with notification or an agent of such a person.

9.8. You undertake to avoid posting on any our, your, or third-party resources, including without limitation websites, forums, applications, any content that is defaming or otherwise damaging and/or infringing to the Company, its business reputation, image, tradenames, trademarks, service marks, and any other reputation or assets. You are also prohibited from disclosing the details about our Services, their operation, and any confidential information that you may receive from the Company, its business processes, technologies, and other commercial secrets.

10. THIRD-PARTIES AND THIRD-PARTY CONTENT

10.1. In order to provide the best quality Services, we have the right to engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Services, including contraction with payment service providers to enable payments in your local currency and payment systems.

10.2. The Company makes every effort to choose third-party websites and content that is trusted. However, the Company is not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (hereinafter the “Third-Party Content”).

10.3. The Company is also not responsible for the privacy practices and cannot guarantee legal compliance of Third-Party Content including on websites, webpages, services, or online products. By linking to a Third-Party Content, the Company does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices regulating your use of all Third-Party Content.

10.4. The Company disclaims any responsibility whatsoever for any harm resulting from your use of Third-Party Content. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, malicious code or software, and other harmful or destructive content.

11. PRIVACY AND PROTECTION OF PERSONAL DATA

11.1. Our Dusfer Privacy Policy (hereinafter the “Privacy Policy”), located at: https://dusfer.com/privacypolicy, explains our data practices and how your data is collected and used.

11.2. Our Privacy Policy is an integral part of the Terms and is incorporated here by reference. If you accept these Terms, you also accept our Privacy Policy.

12. WARRANTY DISCLAIMER

12.1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ITS SERVICES CONTENT OF ANY KIND OR THE THIRD-PARTY CONTENT LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL DATA THAT MAY BE STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, OR OTHER HARMFUL SOFTWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY ANYTIME WITHOUT ANY LIABILITY TO MODIFY, CHANGE, SUSPEND, OR DISCONTINUE THE PROVISION OF THE SERVICES IN WHOLE OR IN ANY PART. YOU ALSO AGREE THAT WE MAY TERMINATE YOUR ACCESS TO THE SERVICES WITHOUT CAUSE AND WITHOUT PRIOR NOTICE. IN CASE YOU HAVE AN ACTIVE SUBSCRIPTION DURING SUCH TERMINATION OR DISCONTINUATION, IT EXPIRES AT THE MOMENT OF TERMINATION OR DISCONTINUATION WITHOUT REFUND. WE MAY ALSO REMOVE ANY USER CONTENT WITHOUT CAUSE AND WITHOUT NOTICE TO YOU. IF WE CHOOSE TO RENEW THE PROVISION OF THE SERVICES, WE MAY ON OUR DISCRETION BUT NOT OBLIGED TO RESTORE YOUR SUBSCRIPTION FOR A PERIOD THAT WAS REMAINING PRIOR TO THE TERMINATION OR DISCONTINUATION. YOU UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF THE TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR TECHNICAL PROBLEMS OR ERRORS; OR FOR ANY OTHER REASON.

13. LIMITATION OF LIABILITY

13.1. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE, SOFTWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SERVICES CONTENT AND/OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY CASE, THE MAXIMUM AGGREGATED LIABILITY OF THE COMPANY UNDER THESE TERMS BEFORE YOU CANNOT EXCEED A PRICE OF SUBSCRIPTION THAT HAS BEEN EFFECTIVE FOR 1 (ONE) MONTH PRECEEDING THE MONTH WHEN THE CAUSE FOR THE LIABILITY HAS ARISEN.

14. INDEMNITY

14.1. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable legal fees, arising from:

14.1.1. your use of or access to the Services;

14.1.2. your violation of any provision of these Terms;

14.1.3. your violation of any third-party right, including without limitation any copyright, property, or privacy right; or

14.1.4. any claim that your actions or your User Content caused damage to a third party.

14.2. This defense and indemnification obligation will survive the expiration of your use of the Services.

15. GOVERNING LAW & JURISDICTION

15.1. These Terms and your use of the Services shall be governed in all respects by the laws of the Republic of Seychelles, without giving effect to its conflict of laws principles.

15.2. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

15.2.1. The arbitral tribunal shall be composed of a sole arbitrator.

15.2.2. The seat, or legal place, of arbitration, shall be Stockholm, Sweden.

15.2.3. The language to be used in the arbitral proceedings shall be English.

15.2.4. The governing law of the contract shall be the law established in clause 15.1.

15.3. You agree that in case this arbitration clause is deemed unenforceable for any reason, any action brought against the Company arising out of or relating to the Services or these Terms may be brought only before the courts of the Republic of Seychelles.

15.4. By accepting these Terms, you waive your right to class action and any other form of representative action and agree to dispute settlement procedure established herein.

15.5. ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. MISCELLANEOUS

16.1. These Terms, together with the Privacy Policy, and any other legal notices published by the Company within Services shall constitute the entire agreement between you and the Company concerning the Services. All of the foregoing constitutes an integral part of these Terms and is mandatory for compliance.

16.2. If any provision of these Terms is deemed invalid by a court of a competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

16.3. No waiver by the Company of any right or provision under these Terms shall be deemed a further or continuing waiver of such right or provision, and the Company failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4. Termination of these Terms leads to termination of all other agreements between you and the Company, without prejudice to obligations that have arisen during the effective term of such agreements.

16.5. Without prejudice to the foregoing, Sections 8, 10, 11, 12, 13, 14, 15, 16, and all provisions that by their nature shall do so shall survive termination of the Terms and all other agreement between you and the Company.

16.6. In the event of a conflict in language versions of these Terms or any other policies, the English language version shall prevail.