Terms of Use

Effective date: 26 November 2021.

Introduction

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to the GotYourBack Technologies Ltd. (“GotYourBack”) website located at www.gotyourbacksupport.com and all associated websites linked to and with www.gotyourbacksupport.com by GotYourBack, its subsidiaries and affiliates, including GotYourBack websites around the world (collectively, the “Website”).

Please read these Terms of Use carefully because they are a legal agreement between you (either an individual or a legal entity) and GotYourBack Support Company, with its principal office at Spyrou Kyprianou 61, SK House, 4003, Limassol,Cyprus (hereinafter “GotYourBack”) (each a “Party” and together, the “Parties”).

The website is the property of GotYourBack and its licensors. Access to all website files and functions is given to the User on the condition that he/she accepts and agrees with the Terms of Use of the website. Use of the website indicates the User’s consent with these Terms. If the User does not agree with the current Terms of Use, he/she should leave the website.

This Agreement is applicable only to individuals who are at least 13 years old or have their legal guardians’ permission. By agreeing, you validate that you are of legal age or have the requisite permission to use GotYourBack services and that all registration information you submit is accurate and truthful.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use our website or GotYourBack services, you agree to the terms of this Agreement on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this Agreement, do not let your child use the website or services. If you are the parent or guardian of a child under 13 and believe that he or she is using the website or services, please contact us at [email protected].

Intellectual Property

All of the website assets, including the system of organization and presentation of the files at the website, all text, graphics, visual interfaces, user interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by or to GotYourBack, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. In case of the absence of a separate written agreement with GotYourBack (such as the Standard License Agreement), unconditioned use of the files offered at the website without the written permission of GotYourBack is prohibited.

Confidentiality

GotYourBack respects the confidentiality of the private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of the User’s confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document.

Files Representation

The website content and the website itself are provided for review and use without any personal interference from the side of the website holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. GotYourBack does not guarantee that the website content, its work or the website as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.

Third-party Websites

The website may provide links to third-party websites, which are not under the control of GotYourBack. GotYourBack makes no representations about third-party websites. When you access a third-party website, you do so at your own risk. GotYourBack is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. GotYourBack provides these links merely as a convenience. The inclusion of such links does not imply that GotYourBack endorses, recommends, or accepts any responsibility for the content of such websites.

Disclaimers

GOTYOURBACK DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GOTYOURBACK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GOTYOURBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOTYOURBACK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE Website AND/OR ANY GOTYOURBACK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST GOTYOURBACK FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

GotYourBack reserves the right, at its sole discretion, to modify, change, remove or add portions of these Terms of Use, at any time. It is your sole responsibility to periodically review these terms for any changes. The User’s ongoing use of the website after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes. As long as you comply with these Terms of Use, GotYourBack grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

Indemnification

Customer agrees to indemnify, defend, and hold harmless GotYourBack (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by GotYourBack by reason of, or arising from the following:

Customer’s breach of these Terms;
Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
Customer’s actual or alleged failure to promptly pay sums due GotYourBack or third parties;
Customer’s failure to comply with applicable laws, regulations or ordinances;
The acts or omissions of Customer (or its officers, directors, employees or agents).

Severability

If any part of these Terms of Use is held invalid or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and remain in full force and effect.

Force Majeure

GotYourBack shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond GotYourBack’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing Law. Dispute Resolution

The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of the United Kingdom, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.

Miscellaneous

GotYourBack’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.

Questions or Comments

Should you have any questions or comments regarding this License or the limited warranty, you may contact GotYourBack Technologies Ltd. in writing at Spyrou Kyprianou 61, SK House, 4003, Limassol, Cyprus or via email.

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