Dexodata License Agreement

Last updated: 25 January 2023

The current Dexodata License Agreement (Agreement) is a legally binding Agreement between you or the entity you represent (You, User) and the Free Zone Company registered under the laws and regulations of the Dubai Integrated Economic Zones Authority of the United Arab Emirates COSMODATA FZCO (Company, We, Us) with address at Building A3, Dubai Digital Park, Dubai Silicon Oasis, Dubai, the United Arab Emirates, that regulates Your use of the Dexodata (System) as defined below.

If You access the System as the company representative, it is implied that You lawfully agree with the terms of Agreement on behalf of Your company.

Preamble

You unambiguously and unconditionally agree to make the commitment to be aware of the terms of this Agreement and its Annexures by registering an Account in the System, and strictly follow them.

The Annexures to the current Agreement (Annexures) include, but not limited to the following documents:

1. Dexodata Privacy Policy (can be accessed via the following link: https://dexodata.com/en/privacy-policy);
2. Dexodata Cookie Policy (can be accessed via the following link: https://dexodata.com/en/cookies-policy).

Be aware of possible updates and complements we can make to some of the documents listed above.

By using the services Our System provides, You indicate that You understand and agree with the full complex of the terms and conditions the System mentions in this Agreement and its Annexures.

If You reject any of the conditions of the present Agreement and its Annexures, You shall interrupt the Account registration instantly and terminate any use of the System.

The Company hereby reserves the right to make amendments to the text and conditions of Agreement and its Annexures by publishing their updated versions within the System. The date placed at the beginning of Agreement and Annexures stands for the date of the last documents’ update.

You hereby commit to keep Yourself updated with the Agreement, check for the updates within the System regularly and make Yourself acquainted with amended text upon the appearance of update.

We draw Your attention to the fact that if You do not agree with any updated or new amendments introduced in the Agreement and/or its Annexures, You shall refrain from using the System and, as a consequence, close Your Account.

Terms and definitions

Please bear in mind that capitalized words in the text of the Agreement should be understood and interpreted in the way foreseen by the present section of the Agreement.

Company, We, Us	The private Free Zone Company registered under the laws and regulations of the Dubai Integrated Economic Zones Authority COSMODATA FZCO, located at Building A3, Dubai Digital Park, Dubai Silicon Oasis, Dubai, the United Arab Emirates.
System	A combination of data, web forms, software, hardware and intellectual property of the Company, including software, databases, graphic interface design, content, etc. All the list’s items You can get access to through mobile and desktop User devices and other gadgets connected to the Internet with specialized network browsing software (browser) at “dexodata.com” domain, including the lower-leveled domains, IP addresses of the System. All the list’s items mentioned above can be changed or deleted as specified by the License Agreement.
You, User	Individuals and enterprise representatives of legal entities who comply with the qualifications stated by the Agreement, and have a registered Account in the System.
Account	The data packages stored in the System for particular Users from the moment of passing registration, which include User interactions with the System.
Registration data	The Personal Data User provides to the Company by mentioning it in the registration form during the process of signing up. The full list of User characteristics is enumerated in the proper paragraph of the current Policy and Agreement.
Verification Services	Third-party platforms which have contractual relationships with the Company for execution of enhanced verification of visitors that would like to get status of the User and already registered Users. Verification Services include Sumsub service that can be accessed at https://sumsub.com.
Third-Party Account	An Account which User has registered on Third-Party websites, such as Gmail, Facebook, etc., and which is used by the User to sign up an Account within the System.
Personal Data	Any information User presented as individual or business representative provides to Company at the Account registration. Also Personal Data is referred to as the information the System gathers about User automatically or gathers from Third-Parties.
Licensing Fee	The emolument Users pay to the Company for granting rights to access and use the System.
Autorenew Option	The remuneration possibility for User agreed to the License Fee payment based upon the recurring character.
Payment Providers	Legal entities not affiliated with the Company who provide services enabling Users to pay the Licensing Fees to the Company.
Third-Party Services	Services provided by the legal entities not affiliated with the Company. The System contains detailed characteristics on them.

All the terms and definitions introduced in this Policy, which has no particular definitions, must be understood as specified in the Dexodata License Agreement and its Annexures. In case the following is impossible within the documents mentioned above, such terms shall be regarded in accordance with the applicable laws and regulations or the generally accepted meaning at the very least.

Any use of terms "You", "Your", etc. shall be interpreted as a reference to the User or the entity User represents.

1. Eligibility

   1. To be eligible to use the System, You shall contemporaneously meet all the requirements mentioned below while using the System all of the time:
      1. Be 18 years old at least.
      2. Be entitled to represent the legal entity that is intended to use the System, in case the User is a legal enterprise representative.
      3. Be legally capable without any restrictions to conclude legally binding agreements, including but not limited to the present Agreement.
      4. Use the System for the legit purposes only, and do not perform actions considered as a terrorist act, fraud, scam or any other type of illegal activity, as do not exceed the limitations set by the present Agreement, laws and legislation of Your citizenship and residence country, or country where Our Company is registered, as well as any other jurisdiction applicable to Our relationships under the Agreement.
   2. We hereby reserve the right to refuse You in the Account registration and/or suspend Your access to the System in case We have any reasons to suggest You do not fulfill any requirements provided in the present chapter of the Agreement, or any other condition required to perform actions under the Agreement and its Annexures.
   3. The Company may require You to go through additional verification with use of the third-party Verification Services. In case the Platform elected Your Account for enhanced verification, You will be allowed to use the Platform only upon successful completion of verification.

2. ACCEPTANCE OF THE AGREEMENT

   1. The completed registration in the System performed through its interface is considered to be the indicator that You have examined and accepted unambiguously and unconditionally all provisions of the present Agreement and its Annexures.
   2. You can sign up in the System by choosing one of two options, to pass the registration procedure through filling the necessary forms manually, or use the Account from the specified Third-Party website or service.
   3. To pass the registration procedure in the System manually please follow the next steps:
      1. Visit the main page on the System website.
      2. Press the “Sign up” button on the main website page.
      3. Type in the Registration Data on the page. You will be transferred to the including:
         1. Your e-mail address, which will be considered as “Login” during Your further visits paid to the System.
         2. Random set of letters, numbers, and symbols, which will serve as “Password” during Your further visits paid to the System.
      4. Tick ☑ the “I have read and agree with the Dexodata License Agreement” box and “I have read and agree with the Dexodata Privacy Policy” box or their analogues available on the System website.
      5. Press the “Sign up” button on this System website page.
   4. To pass the registration procedure in the System using the Account from the specified Third-Party website or service, please follow the next steps:
      1. Visit the main page on the System website.
      2. Press the “Sign up” button on the main website page.
      3. Choose the button enabling the process of signing up in the System with the Account from the Third-Party website or service.
      4. Perform the actions required to grant the System access to Your Third-Party Account created earlier on the Third-Party website You will be redirected to.
   5. The fact of registration of an Account in the System is considered as the affirmation of Your conformance to the System requirements and as granting the other guarantees described in the Warranties section of the present Agreement.
   6. If You have issues or questions concerning the System and/or registration process, please contact Us using the details provided in the final paragraph of this Agreement and within the website of the System.

3. GRANT OF LICENSE

   1. The Company grants to You a non-exclusive, worldwide, non-transferable, revocable, paid license to access and use the System only for Your direct personal non-commercial use, while the terms of the present Agreement are still valid, unless the Agreement foreseen otherwise.
   2. You shall not:
      1. Grant to anyone rights provided to You by the Company with this Agreement and Annexures.
      2. Permit or enable any Third-Parties to employ the System on Your behalf.
   3. The Company reserves any and all rights not expressly granted in the current Agreement, including any and all rights to the System without limitation.
   4. You confirm to use the System for the following permitted purposes only:
      1. To access the Internet via Internet Protocol proxy address (IP proxy address) provided by the System as a Proxy Receiver mode.
      2. To provide Your Internet Protocol address (IP address) to other Users in a Proxy Provider mode or similar you shall contact a third-party provider

4. FREE TRIAL

   1. The Company may grant You the access to the System and the System use on a trial, evaluation, beta or other free-of-charge basis, considered as a Free Trial. You hereby be conscious and accept that You may only use the System on the conditions of Free Trial provisionally and to the extent defined by the Company under the terms of System Free Trial.
   2. You hereby be conscious and accept that after You decide not to disable Your access to the System on the conditions of Free Trial by the end of it, You shall be regarded as:
      1. Satisfied by the quality of Your experience in the System
      2. Committed to further use of the System on the terms of Your Free Trial and concur to pay for use of the System.
   3. The Company reserves the right to stop providing the Free Trial at any time at its sole discretion. In such case You will no longer have access to the features of the System on the terms of Free Trial.

5. LICENSING FEES

   1. Users are obliged to choose and pay the Licensing Fees within the System functional abilities to get access to the System features in the Proxy Receiver mode
   2. The Licensing Fees rates and the payment conditions are provided within the System.
   3. By electing the Autorenew Option You provide the Company with a right to send orders to Your Payment Provider regularly for deduction of the Licensing Fee upon expiry of a defined period.
   4. The Company hereby reserves the right to amend the Licensing Fees rates and payment conditions at any time at its sole discretion, including the raising the Licensing Fees rates without Users’ notification. The revised Fees rates and payment conditions are implemented upon their publishing in the System and/or in the current Agreement.
   5. If You do not agree with the amendments of the Licensing Fees rates and/or payment conditions, You shall instantly give up the use of the System and revoke all the forthcoming payments of the Licensing Fees, if such may be imposed to You under the terms of Autorenew Option.
   6. The Licensing Fees rates do not comprise taxes and/or Third-Parties commissions of the Payment Providers. The obligation to pay such taxes, charges, and commissions shall extend to the User. In that case the collection of such commissions, if applicable, is governed by the agreement between such Payment Providers and the User.
   7. Users therefore consent to get electronic bills and receipts from the Company.
   8. Users therefore consent and vouch to inform the Company about any malfunctions and imperfections in the System, which give Users a possibility to use the System at no charge. Unless the User does not fulfill the obligations, the Company is entitled to charge User for the use of the System over the existence of issues described above and flaws on the base the current Licensing Fees.
   9. You therefore validate and acknowledge the Company's right to reject you in reimbursing Licensing Fees to the extent permitted by legislation. Detailed conditions for the Licensing Fees refund can be found in the Dexodata Refund Policy.

6. RIGHTS to INTELLECTUAL PROPERTY

   1. All the Company’s intellectual property holdings affiliated with the System, including but not limited to all copyrights, trademarks, patents, trademarks, software code, icons, logos, characters, layouts, trade secrets, color scheme, graphics, images, media and texts are protected by the intellectual property legislation and pacts.
   2. Name “Dexodata”, logotype and enterprise style represent the intellectual property of the Company.
   3. All the objects listed in sections 6.1 and 6.2 are owned by the Company and are its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by Third-Party contractors, employees, Company consultants, and other Company associates.
   4. You hereby understand and guarantee that You will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the clear written consent from the Company.
   5. You therefore be conscious about the fact that all the objects listed in sections 6.1 and 6.2 are protected by copyrights, trademarks or other relevant intellectual property rights by law of the United Arab Emirates .
   6. Nothing within the Agreement, its Annexures and the System should be construed as transfer, by implication, estoppel or otherwise, any rights for any intellectual property displayed or used within the System to the Users.
   7. In order to avoid misunderstandings, the Company prohibits the use of any of its or its affiliates’ logos as a part of a link to or from any website unless the Company endorses such use of its or its affiliates’ logos in advance and in writing.

7. THIRD-PARTY SERVICES

   1. Third-Party Services comprise the Payment Providers services and any other services, information and links provided within the System in any form. These services are granted by external service providers, which are not related to the Company.
   2. Any information on the Third-Party Services as the links to websites/platforms, e.g. presented as buttons or System sections, etc., where Users can take advantage of the Third-Party Services, is provided strictly for Users’ informative purposes, and in no case shall be considered as advice to use such Third-Party Services or any other services provided by such external service providers.
   3. Users shall keep in mind that such Third-Party Services are the subject to user agreements and other legislative documentation provided on the websites/platforms of external service providers. They are not subject to this Agreement and its Annexures. Users take the exclusive responsibility to find, examine rigorously such documents, and figure out all relevant terms and conditions for services provided by Third-Party Services. Under no circumstances the Company shall be responsible for the possible losses of the Users resulting from the use of the Third-Party Services.
   4. The charges for the Third-Party Services are not included in the Licensing Fees, and to be covered apart from Licensing Fees of the Company, in compliance with the terms of user agreements and other documents provided on the websites/platforms of external service providers.

8. USER WARRANTIES AND OBLIGATIONS

   1. Users hereby ensure and vouch to:
      1. Abide by and implement the Agreement and its Annexures, as well as other regulations operating within the System.
      2. Desist from furthering, performing, undertaking, or engaging in any unlawful activity through User’s relationship with Us or through User’s utilization of the System.
      3. Restrain from furthering, performing, undertaking, or engaging in using the System for distributing any malware, viruses, adware, worms, Trojan horses, rogue software, spyware or any other similar malicious products or any other computer codes, files or applications designed to interrupt, hijack, destroy, limit or negatively affect the performance of any computer software, hardware, network or telecommunications tools and instrumentation.
      4. Avoid undertaking, performing, engaging or furthering activities that may cause:
         1. Malfunction of network resources leading to its inaccessibility to its estimated users, including but not limited to "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attack.
         2. Spreading any illegal content or boosting any illicit activity.
         3. Damage or malfunctioning of any Third-Party devices or services.
      5. Consent with the Agreement and its Annexures, legislation, and provisions of laws in a country of User’s citizenship and residence, country of Our Company registration (the United Arab Emirates), country of third-party registration, as well as any other jurisdiction applicable to Our relationships governed by the Agreement.
      6. Provide Us only authentic and actual information during the Account registration, using the System or User Account deletion from the System.
      7. Inform the Company instantly about any changes of Registration Data and other information provided during exploitation of the System by User.
      8. Desist from using the System for the benefit of any Third-Party, unless it is approved by the Company, implying the Users are fully responsible for all the activity that takes place under Users’ Accounts.
   2. Users that access the System in the Proxy Receiver mode are therefore consent to:
      1. Refrain from sending threats, insults, and other messages of offensive nature or violating the law and ethical principles.
      2. Desist from using the System for hacking or attempts of hacking the Internet security, Internet users’ privacy, including but not limited to conducting or attempting to conduct such actions as:
         1. Gaining unauthorized access to Third-Party information which is not intended for User.
         2. Exploit unlawfully collected data for authorisation on the Third-Party servers by port scans, flood pings, packet spoofing, forged routing information, etc.
      3. Refrain from utilizing the System for gaining unauthorized access to Third-Party web resources such as sites, accounts, files, etc., and/or exploit them.
      4. Refrain from sending spam or any e-mail messages to recipients through the System without a clearly expressed recipients’ agreement to receive information from the User. Spam here is meant to be bulk mailing, unless the register of recipients was created by the double opt-in way method. Spam and assisting measures also should be equated with:
         1. sending e-mails with no unsubscribe link inside,
         2. providing links to servers and subnets which perform mailings and other direct or indirect actions of inconsistent message sending, including gathering and transmission of IP or e-mail addresses, programs and sites spreading, etc.
         3. engaging in any activity leading to blacklisting.
      5. Refrain from engaging the System into automatic buying of services and goods including tickets, booking, household items and so on.
      6. Refrain from using the System for the advertising traffic simulation.
      7. Refrain from automated data collection (scraping) through the System. The signs of unethical scraping are considered to be the following:
         1. Data harvesting is performed with the violation of the robots.txt file requirements.
         2. Data obtaining violates the conditions of the agreements and other documents regulating the Users data applying.
         3. Data harvesting is processed with infringement of privacy legislation.
   3. The above constraints list is not comprehensive. The Company reserves the right to immediately decide whether the use of the System is legit or the violation of the Agreement conditions has taken place. If the Agreement terms were violated, the Company can restrict User the access to the Account provisionally or entirely. Other actions listed in the Agreement and related documents are also at the discretion of the Company.
   4. The Company reserves the right to prosecute all violations of the Agreement and its Annexures, threats and cases of unauthorized implementation of the System services. The Company acts appropriately and in the ways considered as relevant, including reports about unlawful actions to the authorities or other authorized Third-Parties in accordance with the law. The Company has the right to reveal the personal data of User such as names, e-mails, messages, IP addresses, search history, etc. to the authorities such as police in accordance with the law of the United Arab Emirates .
   5. In case User breaks any laws regarding the System or the previously listed demands, the Company has the right to make all necessary arrangements, including but not limited to the revocation of User Account or prosecution of User in accordance with the law. Then the Company may inform law enforcement authorities (such as Police of the United Arab Emirates) and inform other Users, individuals, enterprises, institutions, governments, etc. about the facts of violations to protect Users and Third-Parties.
   6. The Company reserves the right to block the Account and suspend access to the Platform for the Users who breach any of the warranties mentioned in the previous clause.
   7. In case You become aware of any User who breaches any of the above warranties You should immediately inform the Company

9. WARRANTIES EXCLUSION AND LIMITATION OF LIABILITY

   1. The Company provides access to the System on an "AS IS" and "AS AVAILABLE" basis, with no further promises and guarantees from the Company, whether expressed or implied to the condition, on value or quality of the System, including, without limitation, any warranties of merchantability, suitability or fitness for a particular purpose, non-infringement, security, accuracy, absence of viruses or any defect therein, warranties arising from a course of dealing, usage or trade practice.
   2. The Company further expressly disclaims any representations or warranties that the use of the System will be continuous, uninterrupted or error-free, or that any information contained therein will be accurate or complete.
   3. User hereby realizes and accepts to bear any loss resulting in his/her own fault or error made during the booking of the extended access to the System and charging the Licensing Fees.
   4. Although the Company does everything possible to provide accurate and timely information within the System, it may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors.
   5. The Company shall not be liable for any direct, indirect, punitive, incidental, consequential, and other damages or loss of data, profits, goodwill or reputation, personal injury or any other damage resulting from the following:
      1. Your access and use of the System
      2. Your inability to use the System
      3. Any information or content held within the System.
   6. The Company does not make any representations and excludes any warranties, expressed or implied, to the fullest extent possible under the applicable law regarding the relevance, reliability, availability, timeliness, and accuracy of the System information, the content of the System and links to third party websites within the System.
   7. The Company shall not be liable for failure to fulfill its obligations under the Agreement, if such failure is the result of any reason beyond its reasonable control, which includes, inter alia, force majeure, hacker attacks, mechanical, electoral and communication impairments or deterioration.
   8. Access to the System, information, and its content are provided without any warranty of any kind.

10. INDEMNITY

    1. To the maximum extent permitted by the current legislation, You hereby agree to indemnify the Company and its partners against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or not directly arising from Your use of the System or from Your violation of this Agreement and its Annexures.

11. TEMPORARY SUSPENSION

    1. The Company may suspend User’s right to access or use the System at its own discretion and at any time promptly after the notice sent to User, if the Company has grounds to believe that
       1. Actions of User within the System:
          1. constitute a threat of security breach to the System or any Third-Party
          2. may negatively affect the System or any other User, including the risks for them to be banned on the certain webpages, in networks or services
          3. violate applicable laws and/or regulations or may be liable for the threats for the Company, Our partners or any Third-Party
          4. may be fraudulent
          5. may discredit or depreciate the reputation or goodwill of the Company.
       2. User violates the clauses of this Agreement, including the situation when User overdues the deadlines for payment obligations.

12. PERSONAL DATA

    1. The collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission and other types of processing by the Company of the User’s Personal Data is regulated by the Dexodata Privacy Policy. The link to the Dexodata Privacy Policy is placed in the Preamble of this Agreement.
    2. The Company shall have the right, but not the obligation, to track actions of User within the System for invoicing purposes and to detect possible malpractice or network abuse.
    3. The Company may share the Personal Data of User with any authorized authority in case of a complaint or a lawsuit, if the Company decides it is required to comply with legislation, laws, court order or subpoena.

13. TERM AND TERMINATION

    1. This Agreement shall remain valid until terminated by either of the parties in accordance with the terms of this Agreement.
    2. Either party shall have the right to terminate this Agreement at any time by providing the other party an in-advance written notice until the end of the calendar month. The Agreement is considered to be terminated on the last day of the calendar month in which the written notice was received, without the party incurring any liability towards the other party by virtue of such termination.
    3. The delivery of aforementioned written notice shall be executed to the e-mail address provided by the parties during the implementation of the Agreement. For such purposes, the Company can use e-mail address provided by User during the Account registration, while the User shall use the e-mail address provided by the Company at the end of the current Agreement.
    4. The Company is eligible to terminate this Agreement without delay by the written e-mail notice to User if the Company has any doubts that:
       1. User violates or is in breach of any representation or warranty provided by the present Agreement,
       2. User is engaged in any action or activity that, in the Company’s sole discretion, jeopardizes the Company under any applicable laws or legislations.
       The Company assumes no responsibility to User or any Third-Party for the losses caused by the termination of this Agreement.
    5. The Company also has the right to terminate the use of the Service at its sole discretion, with a full refund and notice to the User without any explanation.
    6. After the Agreement is terminated, any outstanding fee amounts shall immediately become due and payable. The license granted herein shall be terminated, and User shall stop using the System immediately.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

    1. The Agreement is regulated by and shall be understood in accordance with the laws and regulations of the United Arab Emirates (UAE).
    2. User and the Company therefore agree to inform each other in writing of any dispute within sixty (60) days of when it arises. For such purposes, the Company can use the e-mail address User has provided during the Account registration, while the User shall use the e-mail address provided by the Company in the last paragraph of this Agreement.
    3. Users agree that any dispute, controversy, difference, or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be tried to be resolved via negotiations, before taking them to the court.
    4. In case the controversy is not settled during negotiations, then the interested party can present the controversy before the relevant court of the Company location.
    5. The parties may only bring an action against the other party in any dispute on their own behalf, and not on behalf of another person or entity or group of persons. Users and the Company agree not to participate in consolidated proceedings in disputes involving any other person or entity (class action).

15. TRANSFER AND ASSIGNMENT

    1. You may not share or transfer any of Your rights or obligations under this Agreement and its Annexures without prior written consent from the Company, including by operation of law or in connection with any change of control.
    2. The Company may transfer or assign its rights and/or obligations under this Agreement and its Annexures at any time with no approval from User, including as part of a merger, acquisition or other corporate reorganization involving the Company.
    3. The Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

16. ENTIRE AGREEMENT

    1. The Agreement includes the entire agreement of the parties regarding the use of the System and supersede all prior and contemporaneous understandings between User and the Company relative to the same subject.
    2. In the event of any conflict between the Agreement and any other written agreement between You and the Company, the terms of that other agreement will prevail only if the Agreement is specifically identified and declared to be overridden by such other agreement.
    3. The Company’s failure or delay in implementation of any right, power or privilege under the Agreement shall not be deemed as a waiver thereof.
    4. The invalidity or unenforceability of any of the Agreement shall not affect the validity or enforceability of any other of the Agreement, all of which shall remain in full force and effect.

17. AMENDMENTS

    1. The Company hereby reserves the right to amend the Agreement at its sole discretion at any reasonable rate of frequency by publishing the amended text of the Agreement within the System. The new version of the Agreement will include an update date at the beginning of the text.
    2. The User commits to track the Agreement amendments, and do the following:
       1. To memorize, save a copy, etc. of the featured Agreement and its Annexures, etc. after signing up for the Account for the first time and any time after the amendment.
       2. To regularly visit the described page on the System website to check for changes in the date and text of the latest Agreement version published.
    3. In case You do not agree with any of the amendments to the Agreement, You shall stop using the System immediately.