Terms and Conditions

TERMS AND CONDITIONS

ACCEPTANCE AND COMMENCEMENT OF TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using the “ioTec Platform/the Platform”. By accessing or using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, do not register for or use the Platform.

Your access to and use of the Platform is also conditioned on your acceptance of and compliance with the Privacy Policy of ioTec Limited. The Privacy Policy describes the process and procedure on the collection, use and disclosure of your personal information when you use the Platform and informs you of your privacy rights and how the law protects you. Please read Our Data Privacy Policy carefully before using our Services.

These Terms of Use shall remain in force unless terminated in accordance with the provisions herein.

Any previous agreements, contracts, or arrangements between ioTec Limited and its Customers regarding the use of the products mentioned hereunder, are hereby superseded and replaced in their entirety by these terms and conditions.

We will notify you of any changes to these Terms and Conditions by email or a prominent notice on our website. Your continued use of the Platform after such changes have been communicated will constitute your acceptance of the new terms.

The IOTEC platform serves as a catalyst for strengthening service linkages between various stakeholders, including financial service providers, manufacturers, and Micro, Small, and Medium Enterprises (MSMEs). By facilitating seamless interactions and transactions, IOTEC contributes to the growth and development of these key economic players.

Democratizing Access to Services:

IOTEC Limited is guided by the belief that a customer-centric and interoperable platform is instrumental in democratizing access to financial services. This approach not only empowers individuals and businesses but also plays a pivotal role in unlocking economic potential within the community.

Subsidizing Platform Management-and-Maintenance Costs:

Acknowledging the inherent challenges in managing and maintaining a high-tech platform, IOTEC is committed to subsidizing these costs. This strategic initiative ensures that the benefits of the platform are maximized, contributing to the acceleration and catalysis of business growth for all stakeholders involved.

Customer-Centric Approach:

IOTEC Limited places a strong emphasis on building and maintaining a customer-centric platform. By prioritizing the needs and preferences of its clients, IOTEC aims to create a positive and inclusive financial ecosystem that resonates with the diverse requirements of individuals and businesses.

GDPR Principles of Consent and Data Collection:

In alignment with GDPR principles, IOTEC Limited ensures:

Informed Consent: Clients are provided with transparent information about the purpose and scope of data collection, obtaining explicit and informed consent before processing their personal information.

Data Minimization: IOTEC strictly collects only the necessary data for specific purposes, adhering to the principle of data minimization and reducing unnecessary intrusion into clients' privacy.

Security Measures: Robust security measures, including encryption and access controls, are implemented to safeguard client data from unauthorized access or disclosure.

Data Subject Rights: IOTEC respects and upholds the rights of data subjects, allowing clients to exercise their rights to access, rectification, and erasure of their data.

Transparency and Accountability: IOTEC maintains transparency in data processing activities and remains accountable for the secure handling of client information.

IOTEC Limited offers a comprehensive suite of secure and innovative financial solutions. The company's commitment to bridging the gap in financial services is manifested through the following key offerings:

IOTEC Pay: A cutting-edge digital payment solution designed to facilitate seamless and secure financial transactions. This service allows businesses to make and receive payments through intuitive digital channels. By leveraging IOTEC Pay, users can enjoy the convenience of swift and reliable digital transactions, contributing to the overall goal of enhancing financial accessibility.

IOTEC Messaging: A robust communication tool, enabling efficient and reliable SMS and email services for businesses. The platform provides a channel for sending timely and targeted messages to clients, streamlining communication between businesses and their end-users. IOTEC Messaging ensures that critical information reaches its intended recipients promptly, fostering effective communication in the financial ecosystem.

IOTEC Verify: A pivotal component of the IOTEC platform, offering identity screening services for customer onboarding. This tool ensures a secure and streamlined onboarding process, allowing businesses to verify the identity of their clients with accuracy. By integrating IOTEC Verify, financial service providers and other businesses can enhance security measures and build trust with clients during the onboarding phase.

E-Consent Platform: A standout and crucial feature within IOTEC Verify is its E-Consent platform. This component introduces a digitalized and consent-driven approach to the onboarding process. Clients can provide consent electronically, streamlining the authorization process for various transactions. The E-Consent platform adheres to regulatory standards, ensuring that clients have a clear understanding of how their data will be used, promoting transparency and compliance.

IOTEC Lumen: Lumen plays a crucial role in strengthening service linkages between financial service providers, manufacturers, and MSMEs. The platform provides comprehensive credit checks, reporting and scoring from CRBs, empowering businesses to make well-informed financial decisions. This contributes to risk mitigation, allowing for more inclusive lending practices and fostering economic growth.

Limitations: These products are designed to function within the scope of normal business operations. Certain limitations may apply, including but not limited to connectivity issues, compliance with local laws, and specific user requirements.

INTERPRETATION/DEFINITIONS

The following definitions relate to these Conditions of Use:

Access Credentials means any usernames, passwords, and other forms of authentication in the form of credentials enabling access to IOTEC’s Services for the purposes of carrying out authentication.

Agreement refers to these Terms and Conditions, (including as amended, replaced or restated from time to time by the Company in writing), annexures and/or schedules attached hereto from time to time and any other document specifically incorporated herein by reference.

AML means Anti Money Laundering

API means Application Programming Interface.

Business Day means Monday through Friday excluding any Saturdays, Sundays or official public holidays.

Business Hours means the hours of 09:00 hrs to 17:00 hrs East African Time (EAT) on a Business Day.

Confidential Information means all proprietary and confidential information of each Party or its affiliates and that of their customers, clients, personnel or suppliers whether commercial, financial, technical or otherwise (whether oral, in writing, machine readable or in any other form) and material (whether electronically recorded, in writing or otherwise) which by its very nature should obviously be treated as secret and confidential or which is designated as such and which the Parties desire to protect against unrestricted disclosure or competitive use, including:

Personal Data as defined under the Uganda Data Protection and Privacy Act, 2019.

Information relating directly or indirectly to either Party’s business, including details of trade secrets, know-how strategies, ideas, operations, compliance information, processes, methodologies, and practices.

Information given to Parties by suppliers which it is not authorised to disclose.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ioTec Limited, Uganda.

CTF means Counter Terrorism Finance

Customer/User means the entity accessing or using the Service/s, or the individual accessing or using the Service/s on behalf of a company or other legal entity, as applicable.

Data Protection Legislation means all applicable laws and regulations relating to the processing and protection of Personal Information and privacy in Uganda.

Device means any hardware equipment that can access the Service such as a computer, a cell phone or a digital tablet.

Effective Date shall mean the date a Customer assents to these Terms and Conditions.

E-KYC means digitised, electronic or online conceptions of Know Your Customer (KYC) processes.

Force Majeure means any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement. Such circumstances include, but are not limited to, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control, pandemic, connectivity issues, telecommunication network failures, and maritime peril.

Governing Law means Laws of the Republic of Uganda.

ioTec API means the ioTec Application Programming Interface.

Intellectual Property Rights means all industrial and intellectual property rights of any of the Parties (as the context provides), whether registered or unregistered, including without limitation; patents, trademarks and Service marks whether registered or unregistered, registered designs, unregistered designs and copyrights and any applications for any of the foregoing in any part of the world, and the copyright in all drawings, plans, specifications, designs and computer software owned by any of the parties and used in or for the purposes of their respective businesses or developed during the implementation of this agreement and all know-how and confidential information so owned and used.

KYC means Know Your Customer;

NITA-U means the National Information Technology Authority Uganda

Personal Data means personal data under any of the Data Protection and Privacy Act, Cap. 97, Laws of Uganda.

Products/Services collectively refer to ioTec Pay, ioTec Verify, ioTec Lumen, E-Consent Platform, ioTec Messaging and any other products that may be added to the Platform.

Terms and Conditions means the terms and conditions contained in this Agreement as may be varied by us from time to time.

UG-HUB means the Uganda Systems and Data Integration Platform developed and maintained by NITA-U to enable seamless sharing of data across Government systems and private sector entities.

We or Us or Our means ioTec Limited.

Website refers to this website, owned and operated by the Company.

You or Your means the Customer/user.

All references to the singular include the plural and vice versa, and the word "includes" should be construed as "includes but is not limited to".

PRODUCT DESCRIPTION

OPENING AND MAINTAINING AN IOTEC ACCOUNT

To access our products, you shall be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and current.

You will be required to provide the following documentation upon registration for our product/s;

Certified copy of certificate of incorporation/registration.

Memorandum and Articles of association of the Customer

Tax Identification Number and VAT registration

Copy of Business Operating licence/s or Trading Licence

Certified copy of Company Form 20 (The statement of particulars of directors/members of the Company)

Certified Copy of Company Form 18 (Notice of Situation of the Registered Office and postal Address)

Copies of Directors’ Identity Cards (IDs/passports), Passport is compulsory to foreigners or Refugee Identification Card

Provide a contact email and cell phone number that we shall use for all communications to You.

Duly filled KYC form.

The list of documents mentioned in Clause 4.2 is non-exhaustive and ioTec reserves the right to seek additional KYC information in compliance with new legislation and policies.

All information provided must be true, correct, complete, and accurate in all respects. You must not provide any false, inaccurate, incomplete, or misleading information. Failure to comply may result in suspension or termination of your account.

You are responsible for ensuring that your registration details are maintained up to date.

Your application shall be reviewed by us to ensure that all mandatory fields are completed and will verify your Identification Documents and take photocopies of the Documents submitted.

We may decline your application at our sole discretion.

We may refuse to open an Account for you if we are not satisfied with your documentation or if any of the account opening requirements are not met.

We reserve the right to carry out enhanced due diligence or to request for further information pertaining to your account at any time, failure of which may result in limitation on usage of our products, suspension or termination of your Account.

We reserve the right to collaborate with third parties to verify the provided information, and therefore, we may share the data with our trusted third-party partners.

Upon successful registration for ioTec’s products, we shall assign a contact person to you that shall be responsible for guiding you on how to use our products.

ACCOUNT DEACTIVATION

Inactivity: We reserve the right to de-activate your account if it has been inactive for ninety (90) consecutive days.

Notification: Before deactivating an account due to inactivity, we will notify you via email or your preferred contact method at least fourteen (14) days in advance. This notice will include the date of the scheduled deactivation and instructions on how to prevent deactivation.

Reactivation: To reactivate a deactivated account, you must contact our customer support team within thirty (30) days of deactivation. Reactivation will be subject to verification and compliance with our terms and conditions.

Data Handling: Upon account deactivation, your data will be archived and securely stored for nine (9) months. If the account is not reactivated within this period, your data will be permanently deleted in accordance with our Data Retention & Destruction Policy, unless otherwise required by law.

TERMINATION

Either Party may terminate this Agreement for any reason upon giving thirty (30) days written notice to the other party.

This Agreement may be terminated immediately by either party in the event of a material breach by the other party that remains uncured for a period of ten (10) days following receipt of a written notice of such breach.

Upon termination or expiration of this Agreement, all obligations and responsibilities of the parties hereunder shall cease.

Notwithstanding the provisions of this clause, the termination of this agreement shall not relieve either party of any obligation or liability that accrued prior to the effective date of termination. Any provisions of this agreement which, by their nature, should survive termination including those listed in Clause 12 below, shall survive and remain in effect after termination.

IOTEC’S RESPONSIBILITIES

We shall comply with the principles of consumer protection as set out in Part 3 of the National Payment Systems (Consumer Protection) Regulations, 2022.

We shall use all commercially reasonable means to provide the products under this agreement and carry out our obligations under this Agreement with due diligence and efficiency in accordance with the generally acceptable techniques and practices commonly recognized by the industry.

We shall use all reasonable endeavours to maintain the availability of ioTec’s products to you at a guaranteed 99.9% uptime.

For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:

Force Majeure Event.

A fault or failure of the internet, any public telecommunications network, or the VPN setup outside our control.

A fault or failure of any of our third-party API integrations.

A fault or failure of your computer systems or networks.

A fault or failure due to an Act of Government.

Scheduled maintenance carried out in accordance with this Agreement

We shall give you access to our products and support staff for purposes of executing our obligations under this agreement.

We shall avail you with any information or documentation that may be necessary for the implementation of this agreement.

We shall issue to our employees, agents, and representatives all such instructions as may be necessary or appropriate to facilitate the prompt and effective performance of the products.

CUSTOMER’S RESPONSIBILITIES

You shall use our products in accordance with the terms of this agreement.

You shall implement and maintain reasonable security and organisational measures relating to the Access Credentials to ensure unauthorized access is prevented.

You represent and warrant that your networks, operating systems, and software are properly configured to securely access our portal.

You must promptly report any security incidents that impact your systems and compromise our API. Written notice must be provided within Five (5) days of the security incident and such notice shall be considered received within 24 hours unless otherwise communicated.

You agree not to access (or attempt to access) our products through any means other than those provided by ioTec, unless specifically permitted in a separate agreement.

You agree not to reproduce, duplicate, copy, reverse engineer, sell, trade, lease, or resell our products without specific permission from ioTec in a separate agreement.

You agree that You are solely responsible for (and that ioTec has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which ioTec may suffer) of any such breach.

Grievances arising from the use of our products shall be addressed according to our Dispute Resolution Policy.

WARRANTIES AND CONDITIONS

We warrant that we have the necessary authorization and capacity to perform our obligations under this Agreement.

We shall ensure that this Agreement is successfully executed within the time frame herein stipulated with utmost due care, skill, diligence, competence and efficiency in accordance with our legal obligations and best industrial practices.

We hereby undertake to ensure the professional and moral propriety of the persons deployed to provide our products and undertake to indemnify you for any loss or damage that may result from the breach of this undertaking.

PRICES AND PAYMENT TERMS

Pricing: All prices for our products and Services are listed in the currency specified in our pricing list and are subject to change. We reserve the right to modify pricing at any time, but such changes will be notified to you.

Payment Methods: Payment for our products and Services can be made through the payment methods available on our platform, including but not limited to bank transfer, mobile money transfers, ioTecPay or other electronic payment methods. All payments must be made in the currency specified in the invoice.

Invoicing: Invoices will be issued upon the placement of a request or as otherwise agreed upon. Unless otherwise specified, invoices shall be paid out before we offer you our Services.

Taxes: Prices listed for our products and Services are exclusive of any applicable taxes. Customers are responsible for paying any such taxes as imposed by legislation in Uganda.

Refunds: Refunds are issued solely at our discretion and in accordance with our refund policy, which may be subject to change from time to time. Refunds, if approved, will be issued using the original payment method.

Disputes: Any disputes regarding invoices or payments should be raised promptly, preferably within seven [7] days of the invoice date, to allow for timely resolution.

Non-Transferability: Payments made for our products and Services are non-transferable except as expressly provided for in these terms and conditions, our refund policy, or as required by applicable law

INTELLECTUAL PROPERTY

All trademarks, Service marks, trade names, logos, copyrights and other intellectual property rights in our IOTEC technology platform and its content and documentation are either owned by us or licensed to us. These rights are protected by intellectual property laws in Uganda, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

DATA PROTECTION AND PRIVACY

You shall comply with the Data Protection and Privacy Act, Cap. 97 and all applicable connected legislation.

We may collect, process, and store personal data and other confidential information of individuals (Data Subjects) only as it relates and is required for the delivery of Services under this agreement.

You represent and warrant that you have obtained all necessary consents and authorizations from the Data Subjects for the collection, processing, and storage of their personal data by us as necessary for the performance of KYC Services.

We warrant that we have all necessary licences to perform the processing activity required under this Agreement.

We shall use commercially reasonable efforts to ensure that any personal data processed on your behalf is accurate, complete, and up-to-date, and that appropriate technical and organisational measures are implemented to protect against unauthorised access, destruction, alteration, or disclosure of personal data.

We shall only use personal data for the following purposes;

To provide the Customer with our Services or information.

To protect ioTec from piracy and unlawful use of ioTec’s products/ Services.

To improve ioTec’s offerings based on usage.

For internal evidence of ioTec and to protect the rights and interests of ioTec and other users.

To promote and market ioTec’s products and Services to the Customer.

To fulfil legal duties stipulated by accounting, taxation, and other laws.

A Customer may object to processing of Customer’s Personal Data for the purposes a) to f) above at any time. More detailed information about personal data processing for the above mentioned purposes and about Customer’s rights can be found in the Data Privacy Policy.

ioTec shall not disclose such data to any third party without your prior written consent. You shall ensure that your personnel who have access to personal data are subject to appropriate confidentiality obligations.

You shall promptly notify the Customer of any actual or suspected breach of personal data or security incident affecting personal data processed on behalf of the Customer. We shall cooperate with you in investigating and remediating any such breach or incident.

Upon termination of this Agreement or upon your request, we shall promptly delete or return all personal data processed on your behalf, in accordance with the Data Retention & Destruction Policy, unless otherwise required by law.

We shall provide you with such assistance and cooperation as is reasonably required by you to comply with applicable data protection laws and regulations, including but not limited to responding to data subject access requests.

MONEY LAUNDERING AND TERRORIST FINANCING

Compliance Obligations: ioTec is committed to compliance with anti-money laundering (AML) and counter-terrorist financing (CTF) laws and regulations applicable in Uganda. You are required to adhere to these laws and regulations as well.

Customer Due Diligence: You may be required to undergo customer due diligence (CDD) procedures, which may include providing identification documents and other relevant information to verify your identity and assess the risk associated with your transactions as set out in our Anti Money Laundering Policy.

Transaction Monitoring: We employ transaction monitoring systems to detect and prevent transactions that may be associated with money laundering, terrorist financing, or other illicit activities. You are advised that transactions may be subject to monitoring for these purposes.

Reporting Obligations: If we have reasonable grounds to suspect that any transaction or activity may be related to money laundering, terrorist financing, or other illegal activities, we reserve the right to report such suspicions to the relevant authorities in accordance with applicable laws and regulations.

Record Keeping: We maintain records of customer information, transactions, and AML/CTF compliance measures in accordance with regulatory requirements. Customers acknowledge and consent to the collection and storage of such information for compliance purposes.

Customer Responsibilities: Customers are responsible for ensuring that their use of our Services complies with all applicable AML and CTF laws and regulations. Customers agree not to use our Services for any illegal activities, including but not limited to money laundering, terrorist financing, or fraud.

Non-Tolerance Policy: ioTec Limited has a zero-tolerance policy towards money laundering, terrorist financing, and other illicit activities. Users found to be engaging in such activities will have their accounts terminated, and relevant information may be reported to the appropriate authorities.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, revenue, data, or use, incurred by the customer or any third party, arising out of or in connection with the use or inability to use our products, regardless of the cause of action, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

In no event shall our total liability for all claims related to our product/s exceed the total amount paid by the customer for the specific product/s giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability applies to all causes of action or claims in the aggregate, including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

INDEMNIFICATION

You agree to indemnify ioTec and undertake to keep ioTec, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold ioTec harmless from and against any claim, suit or proceedings brought against ioTec arising from or in connection with violations of intellectual property or other rights of third parties in relation to your use of the Services.

FAILURE OR MALFUNCTION OF EQUIPMENT

We are not responsible for any loss arising from any failures, malfunctions, or delays in any Internet Connectivity, Mobile Networks, terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

NON-SOLICITATION CLAUSE

You shall not without our prior written consent, directly or indirectly solicit, interfere, entice or encourage our employees to leave employment or terminate their relationship with us for any reason whatsoever or hire any person who has left our employment within one-year following the termination of that person’s employment with us.

Breaching this clause will require you to pay a referral fee equal to three (3) months’ gross salary offered to the employee, unless otherwise agreed in writing and without prejudice to any other remedies available to us in law.

VARIATIONS OF THESE TERMS AND CONDITIONS

ioTec Limited reserves the right to modify or update the Terms and Conditions from time to time, and as it deems fit. We will notify you of any updates via email or any other form of communication that we deem appropriate. Your continued use of our Services after such modifications indicates your acceptance of the revised Terms and Conditions.

JURISDICTION AND ARBITRATION

This Agreement is governed by Ugandan Law.

Any dispute or claim relating in any way to use of ioTec’s Services will be resolved through mediation, failing which the dispute will be submitted for arbitration in accordance with the Arbitration and Conciliation Act, Cap 4, and all the amendments as shall be applicable from time to time.

The seat of arbitration shall be Kampala, Uganda and the language of arbitration shall be English.

Nothing shall prevent the parties hereto from seeking any relief from a court of competent jurisdiction in Uganda and or any other relevant regulatory body.

FORCE MAJEURE

1Force Majeure shall not include:

Any event which is caused by the negligence or intentional action by you or your agents or employees

Any event which a diligent Party could have reasonably expected to both consider from the effective date of this contract and avoid or overcome in the dispensation of its obligations

Insufficiency of funds or failure to make any payment required hereunder.

The failure of a Party to fulfil any of its obligations hereunder shall not be a breach of, or default under this agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement.

A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

Not later than thirty (30) days after a party, as the result of an event of Force Majeure, has become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

AGE RESTRICTIONS ON USE OF OUR WEBSITE

Our website and any products or Services available on or via the website are not intended for use by individuals under the age of 18.

If you are under the age of 18, you must not use our website, purchase or attempt to purchase any of our products or Services or submit any information about you or anyone else to us.

We do not knowingly or intentionally process information about any individual under the age of 18.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

MISCELLANEOUS

This Agreement forms a legally binding agreement binding you and your personal successors and assigns.

This Agreement may not be assigned to any other person.

No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

If any provision of these Conditions of Use shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

If Customer’s terms and conditions of Service are different from, or are in addition to, these Terms, these Terms shall prevail and Customer’s terms are hereby rejected, unless otherwise explicitly agreed in writing with ioTec.

Customer declares having had sufficient opportunity to review these Terms, understood the content of all of their clauses, and sought independent professional legal advice in that respect, before accepting these Terms.

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINES, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM YOU OVER THE INTERNET, INCLUDING THROUGH THE SERVICES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.