Terms and Conditions
Last updated: November 02, 2020
Thank you for selecting the Services offered by Primera Elevation Technology Pte Ltd (UEN 201624392G) and its affiliates and subsidiaries (collectively, referred to as “amtiss“, “we”, “our”, or “us”). Review these Terms and Conditions (“Agreement”) thoroughly. This Agreement is a legal agreement between you and amtiss. By accepting electronically (for example, clicking “I Agree”) installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
This Agreement describes the terms governing your use of the amtiss (“amtiss”) online services provided to you at https://www.amtiss.com (including all associated internet country codes & sub domains) (the “Website”) as well as through any application interface on your mobile devices, and includes all of amtiss products, services, materials accessed through the Website, Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:
Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, and data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
You can form a binding contract with amtiss;
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
2. Your Use Of The Services
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by amtiss. amtiss reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations, usage limitations, and otherwise comply with this Agreement, amtiss grants to you a personal, limited, nonexclusive, nontransferable, nonsublicensable, revocable right and license to use the Services.
2.2 You acknowledge and agree that the Services are licensed, not sold. You agree not to use, nor permit any third party to use, the Services or related content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
Transfer your license to the Services to any other party.
Attempt unauthorized access to any other amtiss systems that are not part of the Services.
Permit any third party to benefit from the use or functionality of the Services via a rental, lease, timesharing, service bureau, hosting service, or other arrangement.
Decompile, disassemble, or reverse engineer the Services.
Make the Services available on any file-sharing or application hosting service.
2.3 These Services are not intended for use by the United States federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (collectively “Federal Users”). A license for use by Federal Users is not granted and any such usage is prohibited. In the event any Federal User should purport to acquire a license to the Services, such license is hereby nullified and declared void and no contract between amtiss and a Federal User shall result from such purported acquisition. amtiss reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from amtiss or from any third party) at any time, including but not limited to, after such Services have been provided to the Federal User at issue, and (ii) to restrict such Federal User’s access or use of the Services.
2.4 Types of Users. When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. The Administrator is responsible and liable for the acts, omissions and defaults arising from use of Additional Accounts in the performance of obligations under this Agreement as if they were the Administrator’s own acts, omissions or defaults. You may be referred to in this Agreement as “you” or “your” or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All users will be required to accept this Agreement before accessing the Services. As any user of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
a. For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are amtiss customers, but that you are responsible for your Additional Users’ access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account. Administrators may also authorize Additional Users to request charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.
b. For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
3. Content And Use Of The Services
3.1 Restricted Use of the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:
i. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages or would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
ii. Virus, Trojan horse, worm or other disruptive or harmful software or data; or
iii. Any information, software or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.
3.2 amtiss may monitor your Content. amtiss may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect amtiss, its customers or others, operate the Services properly or as otherwise provided in our Privacy Statement. amtiss, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
4. Payment, Subscriptions, And Restrictions
4.1 Payment for Services. For Services offered on a payment or subscription basis, the following terms apply if you are the user paying for the Services, unless amtiss notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the Website.
Payments will be billed to you by amtiss in U.S. Dollars, Singapore Dollars, Indonesian Rupiah or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the Website. Payments are processed by Stripe, Inc. or one of its affiliates for amtiss.
You must pay with one of the following:
i. A valid credit card acceptable to amtiss;
ii. A valid debit card acceptable to amtiss;
iii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
iv. By another payment option amtiss provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
amtiss will automatically renew your monthly Services subscription at the then-current rates, unless the Services subscription is cancelled or terminated in accordance with this Agreement. If you are on an annual or quarterly subscription plan, amtiss will automatically renew your Services at the then-current rates, unless the subscription is cancelled or terminated in accordance with this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
4.2 Subscription Cancellation. The account Administrator may notify us if he or she wants to cancel the subscription prior to the beginning of the new subscription period pursuant to the procedures described here, which can be found in the “Plans and Billing” tab within your account “Settings”. In the event that amtiss is unable to charge a user’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, amtiss has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as amtiss is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
5. Your Personal Information
5.4 You agree to indemnify and hold us harmless from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by us arising directly or indirectly from a breach of this Section 5.
6. Additional Terms
6.1 amtiss may freely use feedback you provide. You agree that amtiss may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant amtiss a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to amtiss in any way.
6.2 Third-party Services. Our Services contain features designed to interoperate with third-party services. Such Service features depend on those third-party providers continuing to make their services, including their application programming interfaces (“APIs”) where applicable, available for the Services. If any of those third-party service providers ceases to make its applicable services or APIs available on reasonable terms to amtiss, we may cease providing the corresponding features without entitling you to any refund, credit, or other compensation.
6.3 Publicity. You hereby grant to amtiss, and anyone amtiss may designate, the irrevocable right to use in perpetuity, although without obligation to do so, your name, initials, likeness, company or firm name, city of residence, video, or photograph and your statements, and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display amtiss’s trademarks or mention amtiss in any publication, website, press release or in any other manner, you must obtain the prior written consent of amtiss.
6.4 We may tell you about other amtiss services. You may be offered other services, products, or promotions by amtiss (“Other Services”). Additional terms and conditions and fees may apply. With some Other Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant amtiss permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services. You grant amtiss permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant amtiss permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
6.5 Communications. amtiss may send you Communications that are required by law or that may pertain to the Services or third party products. Additionally, certain third party services you choose may require Communications with third parties who administer these programs. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites including https://www.amtiss.com/.You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.
The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.
In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by agreeing to these terms of service, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
If you later decide that you do not want to receive future Communications electronically, please notify us at firstname.lastname@example.org if you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.
By providing us your telephone number (including a wireless/cellular telephone), you consent to receiving calls from amtiss at that number.
6.6 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact amtiss if you become aware of any unauthorized access to your account(s), including any misuse of your password(s) and user ID(s). The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
6.7 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the Website or to the email address on record. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
6.8 Disputes of Ownership. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc. Upon proof of ownership, amtiss retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. amtiss also reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
7. Use With Your Mobile Device
7.1 Mobile access to the Services requires an active subscription, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Website to ensure your mobile device and telecommunications provider is compatible with the Services. amtiss is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by amtiss at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
TO THE EXTENT PERMITTED BY LAW, AMTISS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
7.2 Apple Requirements. If you downloaded the Services from the Apple iTunes Store the following apply:
Acknowledgement: You acknowledge that this Agreement is between you and amtiss only, and not with Apple, and amtiss, not Apple, is solely responsible for the Services and the content thereof.
Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
Maintenance and Support: amtiss and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty: amtiss is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services in the Apple iTunes App Store to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be amtiss’s sole responsibility, as between amtiss and Apple.
Product Claims: amtiss, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info: Direct any questions, complaints or claims to: amtiss Pte Ltd, 68 Circular Road, #02-01, Singapore 049422.
Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
8. Trial Version And Beta Features
8.1 Trial Version. If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial (“Trial Period”) unless you terminate before the trial period ends. You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you terminate before the Trial Period ends or do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.
8.2 Beta Features. From time to time, we may include new or updated beta features in the Services (“Beta Features”). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
9. Disclaimer Of Warranties
9.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMTISS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, OR REGARDING TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. AMTISS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMTISS’S, ITS AFFILIATES’ AND ITS SUPPLIERS’ LIABILITY FOR THE BREACH OF ANY IMPLIED CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY WHICH CANNOT BE EXCLUDED IS (IF ANY LEGISLATION SO PERMITS) LIMITED TO THE MAXIMUM EXTENT SUCH CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY CAN BE LIMITED UNDER APPLICABLE LAW.
9.3 AMTISS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
10. Limitation of Liability And Indemnity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY, THE ENTIRE LIABILITY OF AMTISS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, AMTISS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, SERVICE DOWNTIME, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET AMTISS SYSTEMS REQUIREMENTS, IN EACH CASE WHETHER DIRECT OR INDIRECT. THE ABOVE LIMITATIONS APPLY EVEN IF AMTISS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF AMTISS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold amtiss and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). amtiss reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by amtiss in the defense of any Claims.
11. Changes. We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our Website or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
12. Termination. amtiss may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services: (i) violates the Agreement; (ii) is in violation of a law or regulatory requirement; (iii) is in a manner not contemplated by this Agreement; (iv) is improper or substantially exceeds or differs from normal use by other users; (v) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; (vi) to protect the integrity or availability of the Services or systems and comply with applicable amtiss policy; (vii) if you no longer agree to receive electronic communications; or (viii) or if your use of the Services conflicts with amtiss interests or those of another user of the Services. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect amtiss’s rights to any payments due to it. Sections 2.2, 3 through 18 will survive and remain in effect even if the Agreement is terminated.
13. Global Trade Restrictions. You agree that you and anyone who uses the Services are not prohibited from receiving the Services under the laws of the United States, the United Kingdom, Canada or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, Canada’s economic sanctions list, the United Kingdom HM Treasury Financial Sanctions List, or any other similar prohibition. You will not transfer or provide any part of the Services in violation of these laws and regulations, directly or indirectly. You are prohibited from using your account while in certain geographic locations. We may suspend or terminate your use of the Services if we have reason to believe you are operating your account from a sanctioned location or are otherwise in violation of applicable global trade regulations.
14. Governing Law. California state law governs this Agreement without regard to its conflict of laws provisions.
15. Disputes. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 15, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND AMTISS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
amtiss does not represent that the Services and/or Content within the Services is appropriate or available for use in all jurisdictions or countries. You are prohibited from accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction. This Section 15 shall survive expiration, termination or rescission of this Agreement.
16. Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
17. General. This Agreement and all additional terms and conditions and agreements referenced in Section 1 of this Agreement, is the entire agreement between you and amtiss regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of amtiss software or purchase of amtiss services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and amtiss, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of amtiss. However, amtiss may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by amtiss; or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact amtiss via an email to: email@example.com.
18. Country Specific Terms. In the event of a conflict between the terms of general Terms of Service and the “Country Specific Terms” below, the Country Specific Terms shall apply. Notwithstanding any to the contrary above, if you are accessing or using the Services in the following countries, you also agree to the following:
SINGAPORE & UK
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER LIABILITY TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ASSIGNMENT AND NOVATION
amtiss may assign or novate any or all of its rights and obligations under this Agreement, in whole or in part, to (a) an affiliate, (b) a company through a sale of assets by amtiss; or (c) a successor by merger, in each case on written notice to you and provided the assignee agrees to fulfill amtiss’s obligations hereunder. You hereby irrevocably consent in advance to any such assignment or novation and acknowledge and agree that any such assignment or novation shall be effective without any further consent from you on the date specified in the relevant notice.
RIGHTS OF THIRD PARTIES
Except as provided in Section 7.2(i), a person who is not a party to this Agreement shall have no right under, with respect to Singapore, the Contracts (Rights of Third Parties) Act (Cap 53B), and with respect to the UK, the Contracts (Rights of Third Parties) Act 1999, to enforce any of its terms. Each party represents to the other that their respective rights to terminate, rescind or agree any amendment, variation, waiver or settlement under this Agreement are not subject to the consent of any person that is not a party to this Agreement.