1. Acceptance

1.1 These Terms & Conditions are entered into by and between you and (“Company”, “we” or “us”). The following terms and conditions, together with any documents/links expressly incorporated by reference (collectively, these “Terms & Conditions”), govern your access to and use of: our website at https://www.sympathiq.com (the “Site”), and other related products and/or services (collectively, including the Site, are hereinafter referred as the “Platform“), which includes but not limited to any content, product, functionality and/or services offered on or through the foregoing, whether as a guest or a registered user. The materials contained in this Platform are protected by applicable copyright and trademark law.

1.2 Please read the Terms & Conditions carefully. by using the site and platform, you agree to be bound and abide by the terms set forth herein and our privacy policy found at https://www.sympathiq.com/privacy-policy the “privacy policy”), which is incorporated herein by reference. If you do not wish to be bound by the Terms & Conditions or privacy policy, you may not use the site and platform. If you are using the site or utilizing the platform on behalf of a business or some other entity, you represent and warrant that you are authorized to grant all licenses set forth in these Terms & Conditions and to agree to these Terms & Conditions on behalf of the business or entity.

2. Introduction

2.1 The Site serves as a comprehensive online platform for well-being services, connecting qualified coaches and specialists with individuals seeking support in areas such as personal growth, stress management, career development, and emotional resilience. It provides a secure and convenient interface for users to schedule appointments, communicate with professionals, and receive reminders for upcoming sessions. The Platform is designed to foster meaningful connections between clients and specialists, enabling a personalized approach to enhancing well-being, as further detailed in the Site along with this Terms & Conditions.

2.2 We understand the importance of professional guidance in the realm of well-being. Through our Platform, users have access to online consultations with qualified specialists who specialize in various aspects of personal development and well-being. Our specialists offer personalized, confidential, and evidence-based guidance to help individuals overcome challenges, gain insights, and develop strategies for growth and self-improvement. Sessions can be scheduled conveniently through our platform, ensuring easy access to professional support from the comfort of one's own space.

3. Access and use

3.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms & Conditions. You hereby represent and warrant that you are 18 years of age or older and have the legal authority to enter into these Terms & Conditions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

3.2 You agree to not use Platform to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Site, Platform, network or security features or to gain unauthorized access to our systems.

3.3 You agree to not use Platform to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Site, Platform, network or security features or to gain unauthorized access to our systems.

4. Description of services & payment modality

4.1 The services offered by the platform include:

4.2 For avoidance of doubt, Company will not offer counselling itself. Neither will it represent the clients or the specialists with regard to counselling or any other activity. Rather, the counselling relationship including all contractual obligations associated with it will occur solely between the clients and the specialists via the platform. Company is merely acting as a connecting platform for users, and users are at their discretion to verify the specialists and check reviews.

4.3 The following payment modes are acceptable to Company in relation to the services as detailed out on the Platform:

• Credit Cards: Major credit cards such as Visa, Mastercard, American Express, and Discover are widely accepted for online purchases. Users enter their card details, including the card number, expiration date, and CVV code, to complete the transaction.

• Debit Cards: Debit cards linked to bank accounts can also be used for online purchases. They typically require entering the card details as with credit cards.

• PayPal: PayPal is a popular online payment platform that allows users to link their bank accounts, credit cards, or store money in their PayPal account. Users can then make purchases by logging into their PayPal account, avoiding the need to enter card details for every transaction.

• Digital Wallets: Services like Apple Pay, Google Pay, Samsung Pay, and other digital wallet solutions enable users to store their payment information securely on their mobile devices. They can then make purchases by simply tapping their device or using biometric authentication.

• Prepaid Cards: Prepaid cards, such as gift cards or virtual prepaid cards, can be used for online purchases. These cards are typically loaded with a specific amount of money and can be used until the balance is exhausted.

• E-wallets: Besides PayPal, there are other e-wallet services available that provide a convenient way to store funds and make online payments. Examples include Skrill, Neteller, and Payoneer.

• Mobile Payment Apps: Mobile payment apps like Venmo, Cash App, and Zelle (available in specific regions) offer peer-to-peer payment capabilities and may also allow for online purchases.

5. Session cancellation policy

5.1 Clients: Cancellations Made 24+ Hours in Advance

You can cancel your session free of charge if notice is provided at least 24 hours before the scheduled appointment.

Cancellations Made Less Than 24 Hours Before the Session

For cancellations made within 24 hours of the scheduled session,100% of the session fee will be charged.

No-Shows

Failure to attend a session without prior notice will also result in 100% of the session fee being charged.

5.2 Specialists:

Specialists who cancel a session less than 24 hours in advance must promptly notify the client through the platform. Repeated late cancellations or no-shows may result in penalties or account review by SympathiQ.

5.3 Rescheduling Policy:

Clients can reschedule sessions free of charge if the request is made at least 24 hours in advance. Rescheduling requests made within 24 hours of the session will be treated as cancellations and charged accordingly.

5.4 Refunds:

Refunds are not provided for cancellations made within 24 hours of the session or for no-shows.

5.5 Platform-Initiated Cancellations

In the rare event that a session is canceled by the platform due to technical or unforeseen issues, clients will receive a full refund within 15 days or the opportunity to reschedule at no additional cost.

6. Changes to the terms & conditions

6.1 We may revise, modify, change and update any portion of these Terms & Conditions from time to time in our sole discretion and without prior notice. All changes are effective immediately when we post them.

6.2 Your continued use of the Platform following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check our page from time to time so you are aware of any changes, as they are binding on you.

7. Accessing the site/platform and account security

7.1 We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Platform, to users, including registered users.

7.2 You are responsible for: (i) making all arrangements necessary for you to have access to the Platform; and (ii) ensuring that all persons who access the Platform through your internet connection are aware of these Terms & Conditions and comply with them.

7.3 To access the Platform or some of the resources it offers, you may be asked to provide certain registration details and in order to do so you will have to provide accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

7.4 If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

7.5 The payment modality and pricing for any purchase through Platform will be reflected on Site. You agree and acknowledge to provide accurate and complete payment information when making a purchase. All payments are non-refundable unless otherwise explicitly specified by us. Upon successful payment, the requisite product as specified on the Site will be delivered to you. For avoidance of doubt, we make no guarantees regarding the availability, accuracy, or completeness of the products and we reserve the right to modify or discontinue it at any time without notice.

7.6 We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions or the terms of any other commercial agreement you have entered into with company. You may not create another account if we have disabled your account unless you obtain our prior written consent.

8. Ownership

8.1 All rights, title and interest in and to the Platform will remain with and belong exclusively to us. You will not sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make Platform content available to any third party.

8.2 You agree not to access Platform by any means other than through the interface that is provided by Platform to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of Platform, or in any way reproduce or circumvent the presentation or navigational structure of Platform, to obtain or attempt to obtain any content or other information through any means not made generally available through Platform. Platform reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Platform on or through the Site or any service offered on or through Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

8.3 License Restrictions. Information, content or material that may be available for downloading through the Site or third-party websites or applications (“Content”) is the copyrighted work of the Company, its licensors, and/or such other respective third-party providers. Use of the Content is governed by these Terms & Conditions and such license and/or other terms as may be required directly of you by the third-party providers. Unauthorized reproduction or distribution of the Content is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted.

9. Intellectual property rights

9.1 The Platform and its entire contents, features and functionality, all rights, titles, and interest in and to the Platform (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement, copyright, thereof), are owned by the Company, its affiliates, its licensors and are protected by the applicable international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

9.2 You acknowledge, however, that the intellectual property rights and data underlying the Content, including but not limited to, any processes, methods, tools, templates, designs, known-how, data, information, copyrights, patents, trademarks, trade secrets, and other associated intellectual property, including any improvements, inventions or derivate works made with respect to the foregoing, remain the sole property of Company (“Intellectual Property”).

9.3 By posting your information and other content (“User Content”) on or through Platform, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Platform. The Company may remove or disable any User Content at any time for any reason, or for no reason at all.

9.4 These Terms & Conditions permit you to use the Platform for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platform. You must not: (i) modify copies of any materials from the Platform; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform; or (iii) access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.

9.5 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms & Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

10. Trademarks

10.1 The Company name, Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.

11. Restrictions & Authorization on the use of the site

11.1 By using the Platform, you specifically agree not to be involved in any activity or transmit any information that, in our sole discretion:

a. Is illegal, or violates any federal, state, or local law or regulation;

b. Advocates illegal activity or discusses illegal activities with the intent to commit them;

c. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

d. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;

e. Interferes with any other party’s use and enjoyment of the Site;

f. Attempts to impersonate another person or entity;

g. Is of a commercial nature in a way that violates these Terms & Conditions, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes, or other advertising materials;

h. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

i. Accesses or uses the Platform account of a customer without such customer’s permission;

j. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

k. Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site, or the servers or networks connected to the Site;

l. “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;

m. Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;

n. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site, except as expressly permitted in these Terms & Conditions or by law, unless and then only to the extent permitted by applicable law without our consent;

o. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;

p. Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;

q. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Site;

r. Downloads, distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site, by any means except as provided for in these Terms & Conditions or with the prior written consent of the Platform;

s. Attempts to do any of the foregoing.

11.2 Without limiting the generality of the aforementioned provision the following section further specifies the allowance and prohibition on the user.

One Account Per User: You cannot create multiple accounts, share your account with others, or transfer, sell, or trade your account without our explicit permission.

No Circumvention: You may not bypass the platform by sharing contact details or communicating outside of SympathiQ before a service contract is agreed upon. This includes adding personal contact information to your profile, job postings, messages, or any other content.

No Unauthorized Promotion: You cannot advertise external websites, products, or services or recruit users from SympathiQ to join another company, platform, or agency without paying the required fees.

Respect Our Technology: You may not interfere with SympathiQ's systems or attempt to manipulate the platform in any way. Specifically, you must not:

For Online Specialist Consultations:

12. Non-circumvention

12.1 You agree to communicate through the SympathiQ platform and make and receive payments exclusively through the platform for two years from the date you first identify or meet your Specialist or Client on SympathiQ, unless you pay a Conversion Fee. Violations of this Section constitute a serious breach and may result in permanent suspension of your Account.

13. Making payments throught sympathiq

13.1 You agree to exclusively use SympathiQ to make payments for services arising from a relationship established through the platform for two years from the date you first connect with the Specialist or Client.

13.2 You acknowledge that a substantial portion of the value SympathiQ provides lies in facilitating these connections and maintaining a secure payment process. SympathiQ only receives its fees when payments are processed through the platform. Therefore, except as outlined in Section 7.2, for 24 months from the start of your relationship with a Client or Specialist identified on the platform (the “Non-Circumvention Period”), you agree to use the platform as your exclusive method to request, make, and receive all payments for services directly or indirectly involving that person. Circumventing the platform's payment system during this period is not permitted unless you pay a fee to take the relationship off-platform (the “Conversion Fee”).

13.3 If you use the platform on behalf of a business entity, the Non-Circumvention Period applies to you and all representatives or employees of that business acting in connection with the identified Specialist or Client. The Non-Circumvention Period does not apply if the relationship existed prior to using SympathiQ.

13.4 By way of example, during the Non-Circumvention Period, you agree not to:

13.5 Offer, solicit, or accept payment outside the platform for services identified through SympathiQ.

13.6 Misrepresent payment amounts in invoices or communications on the platform.

13.7 Refer a Specialist or Client identified on SympathiQ to a third party for off-platform transactions.

13.8 You agree to notify SympathiQ immediately if someone suggests making payments outside the platform. Breaching this agreement may result in permanent account suspension and the application of the Conversion Fee.

14. Fees and payments

14.1 Service Fees

SympathiQ charges fees for facilitating connections, transactions, and services on the platform. These fees help maintain a secure and high-quality experience for both Clients and Specialists. The applicable fees include:

Client Fee: Clients are charged a $2 service fee per online consultation in addition to the Specialist’s rate.

Specialist Commission: Specialists are charged a 10% commission fee on the total amount earned per consultation.

SympathiQ reserves the right to adjust these fees with prior notice to users.

14.2 Payment Processing Fees

Payment processing fees may apply depending on the Client’s selected payment method. Additional charges may be incurred for currency conversions, cross-border transactions, or specific payment gateways.

14.3 Payouts to Specialists

Specialists receive payouts via their selected payment method, subject to any applicable processing times and minimum withdrawal thresholds. SympathiQ may deduct taxes, transaction fees, or other required deductions as per applicable laws.

14.4 Conversion Fee for Off-Platform Transactions

If a Client and Specialist wish to continue working together outside of SympathiQ during the Non-Circumvention Period (24 months), the Client must pay a Conversion Fee to SympathiQ. This fee compensates SympathiQ for facilitating the initial connection and is calculated based on a percentage of projected earnings from the relationship.

14.5 Refunds and Disputes

14.6 Taxes

Users are responsible for any applicable taxes related to their transactions on SympathiQ. Specialists must comply with local tax laws and report earnings accordingly. SympathiQ may be required to collect and remit taxes in certain jurisdictions.

By using SympathiQ, you acknowledge and agree to the fees and payment terms outlined in this policy.

15. Communicating through the platform

15.1 Prior to entering into an agreement for services, you agree to communicate exclusively through SympathiQ's communication tools. You further agree not to share any direct contact information, including but not limited to:

15.2 Phone numbers, email addresses, or physical addresses.

15.3 Links to external websites, social media profiles, or messaging platforms like WhatsApp, Skype, or Slack.

15.4 Any information that could lead to direct contact outside of the platform.

15.5 You acknowledge that violating this Section constitutes a material breach of the Terms of Use and may result in permanent suspension of your account.

16. Confidentiality

16.1 Our “Confidential Information” means (a) any written information, materials and other documents supplied by us related to the Platform which we do not generally disclose publicly, (b) the Platform services themselves, excluding any data you upload to the Platform for processing and (c) any other of our information that we may disclose in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Terms & Conditions between you and us.

16.2 Confidential Information shall not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms & Conditions; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.

16.3 Restricted Use and Nondisclosure. During and after the term, with respect to our Confidential Information you will: (a) use our Confidential Information solely for the purpose for which we provided it; (b) not disclose such Confidential Information to a third party; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that you protect your own Confidential Information of a similar nature.

16.4 Required Disclosure. If you are required by law to disclose our Confidential Information, you will give us prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist us to obtain where reasonably available an order protecting our Confidential Information from public disclosure.

16.5 Ownership. Not with standing any other provision of these Terms & Conditions, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Terms & Conditions grants you any right, title or interest in or to any of our Confidential Information, except as provided in these Terms & Conditions. Any incorporation of our Confidential Information into any of your own materials will not render our Confidential Information non-confidential.

17. User-Provided materials

17.1 The Platform may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Provided Materials“) on or through the Platform. All User-Provided Materials must comply with the Content Standards set forth below.

17.2 Any User-Provided Materials you post to the Platform will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for any purpose in any and all media or distribution methods now known or later developed.

17.3 To the extent you appear in, create, upload, post, or send User-Provided Materials, you hereby grant Company and our respective licensees, successors and assigns, the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. You acknowledge that you will not be entitled to any compensation from Company, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Platform, either on the Platform or on one of our business partner's platforms.

17.4 You represent and warrant that: (i) you own or control all rights in and to the User-Provided Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User-Provided Materials do and will comply with these Terms & Conditions

17.5 You understand and acknowledge that you are responsible for any User-Provided Materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

17.6 We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the Platform.

18. Links to third-party websites

18.1 Links from or to websites outside our website are meant for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We do not review, endorse, approve or control, and are not responsible for any sites or resources linked from or to our website, the content of those sites, the third parties named therein, or their products and services.

18.2 If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Limitation on liability

19.1 Liability cap with the exception of any indemnification claim permitted under these Terms & Conditions, to the maximum extent permitted by applicable law, in no event will the company be liable under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, indemnity, tort (including negligence), attorneys fees and costs, or otherwise, for damages which, in the aggregate, exceed the amount of the fees paid by you over a one month period preceding the claim, for the services which gave rise to such damages.

19.2 Disclaimer of damages to the maximum extent permitted by applicable law, in no event will the company be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, attorneys fees and costs, business interruption or loss of profits, business opportunities, or goodwill.

20. Indemnification

20.1 You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Platform.

21. Governing law and jurisdiction

21.1 These Terms & Conditions shall be construed and enforced in accordance with, and shall be governed by, the laws of the state of england and wales, excluding its choice-of-law rules that would result in the application of the laws of a jurisdiction other than the England and Wales.

21.2 However, other than with respect to seeking injunctive relief in connection with matters that qualify for such an extraordinary remedy under applicable law, neither Party may initiate any litigation against the other Party until after providing clear written notice of its intention to do so and first making a good faith effort to resolve the dispute informally through escalation to an appropriate level of executive management of both Parties for at least thirty (30) days after providing such notice.

22. Force majeure

22.1 The Company will not be liable to you for any delay or failure of services to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the Company. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity, pandemic, epidemic, quarantines, lockdowns, or delays by Customer in providing required resources or support or performing any other requirements hereunder.

23. Waiver and severability

23.1 No waiver of by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

23.2 If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

24. Entire agreement

24.1 The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company, with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

23.2 If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

25. Disclaimer of warranties

25.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data.

25.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the platform or any services or items obtained through the platform or to your downloading of any material posted on it, or on any website linked to it.

25.3 Your use of the platform, its content and any services or items obtained through the platform is at your own risk. the platform, its content and any services or items obtained through the platform (including, but not limited to, the documentation) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the platform. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the platform, its content or any services or items obtained through the platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the platform or the server that makes it available are free of viruses or other harmful components or that the platform or any services or items obtained through the platform will otherwise meet your needs or expectations.

25.4 The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

25.5 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.