These Terms of Use govern your use of AiBiz. For how we collect and use personal data, see our Privacy Policy and Cookie Policy.

BY ACCESSING, BROWSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE AiBiz SAAS OFFERING, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF CUSTOMER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND CUSTOMER TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, BROWSE OR CLICK ON AN "ACCEPT" BUTTON.

1. Definitions

   Content – information, software, and data, including, without limitation, any personal data (as described in our Privacy Policy), hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets, or servlets that are created, provided, uploaded, or transferred by Customer and any user authorized by Customer.

   Customer – the person or entity that is using the Aixept Business Management Application (AiBiz).

   Program – software in object code form that is part of or distributed with Enabling Software or the AiBiz SaaS offering, as provided by Aixept or its suppliers.

   Enabling Software – any Program and associated materials provided to Customer by Aixept Technologies or a third party as part of the AiBiz SaaS offering in order to facilitate access to and use of the AiBiz SaaS.

   Aixept Technologies (Aixept) – the company that is providing the AiBiz SaaS.

   AiBiz User – one who accesses an AiBiz SaaS using a user account identification and password associated with Customer’s AiBiz account and provided by Customer.

   Evaluation Period – the period during which the Customer uses the AiBiz SaaS without payment.

   Terms of Use – any additional terms under which Aixept Technologies makes an AiBiz available to Customer.

2. AiBiz SaaS

   Customer acknowledges that Aixept Technologies and its subsidiaries (1) do not control the transfer of data over telecommunications facilities, including the Internet, and (2) in a public Internet environment cannot commit to particular confidentiality obligations.

3. Customer’s Right to Use

   Customer can pay for the use of the application or evaluate it for free for a period of one (1) month. Customer may use the AiBiz as authorized by Aixept Technologies on condition that:

   1. Customer ensures that anyone who uses the AiBiz does so only on Customer’s behalf and complies with the terms of this Agreement; and
   2. Customer does not:
      1. use, copy, modify, or make the AiBiz Application available, in whole or part, to third parties, except as expressly permitted in this agreement;
      2. reverse assemble, reverse compile, and otherwise translate, or reverse engineer the AiBiz Application, unless expressly permitted by applicable law without the possibility of contractual waiver;
      3. use any of the AiBiz Application components, files, modules, audio-visual content, or related offering materials separately from that of the Aixept Technologies offering;
      4. rent, sublicense, or lease the AiBiz SaaS offerings;
      5. create Internet "links" to or from the AiBiz SaaS; or
      6. "frame" or "mirror" any content forming part of an AiBiz SaaS, other than Customer’s authorized use of the AiBiz Application.
4. Content

   Aixept Technologies provides only services for Content. Aixept Technologies is not the publisher of Customer’s Content transmitted within AiBiz. Customer has sole responsibility for the following:

   1. ensuring the adequacy of any AiBiz elements to satisfy any Customer requirements.
   2. having all necessary authorizations to allow Aixept Technologies to host, cache, record, copy, and display Content, and Customer represents that it has and will keep in effect during its use of AiBiz SaaS all such authorizations and approvals necessary to grant Aixept Technologies and its subcontractors these rights, and that such rights are provided at no charge to Aixept Technologies.
   3. selecting and implementing procedures and controls regarding access and security.
5. Ownership

   Aixept Technologies and its licensors own the AiBiz SaaS. Customer agrees that title to, ownership of, and all rights in and to patents, copyrights, trademarks, and all other intellectual property rights in the AiBiz SaaS, and any copy or part of the AiBiz SaaS, will remain with Aixept Technologies or its suppliers.

6. Emergency Maintenance & Scheduled Maintenance

   Aixept Technologies may perform regularly scheduled maintenance during maintenance windows defined by Aixept. Other scheduled and non-scheduled down times may occur.
   AiBiz SaaS offerings may not be available during these times.

7. Enabling Software

   This AiBiz SaaS offering may include Enabling Software provided by Aixept Technologies or a third party supplier. If Customer downloads or installs any Enabling Software, Customer agrees not to use such Enabling Software for any purpose other than to facilitate or enable Customer’s access and use of the AiBiz SaaS offering. If Enabling Software is presented with a separate license agreement at the time of installation or download, such separate agreement will govern its use.

   Customer agrees that Customer accepts such terms by accepting this Agreement or downloading, installing, or using the Enabling Software.

8. Updates; Applicable Terms and Authorization for Auto Updates

   This Agreement applies to all enhancements, modifications, variations, revisions, updates, supplements, add-on components, and replacements for the AiBiz SaaS offerings (collectively, "Updates") that Aixept Technologies may provide or make available for the AiBiz SaaS offering, subject to any additional terms provided by Aixept applicable to such Updates. Customer authorizes Aixept Technologies to, and agrees that Aixept Technologies may, in accordance with Aixept Technologies’ standard operating procedures, automatically transmit, access, install, and otherwise provide Updates to AiBiz SaaS offerings without further notice or need for consent. Aixept Technologies has no obligation to, and nothing in this Agreement may be construed to require Aixept Technologies to, create, provide, or install Updates.

9. General Principles of Our Relationship
   1. Notices and Communications

      To the extent permissible under applicable law, the parties consent to the use of electronic means and facsimile transmissions to send and receive communications in connection with our business relationship arising out of this Agreement, and such communications are acceptable as a signed writing. An identification code (called a “user ID”) contained in an electronic document is sufficient to verify the sender’s identity and the document’s authenticity.

   2. Other Principles of Our Relationship
      1. This Agreement and any transaction under it do not create an agency, joint venture, or partnership between Customer and Aixept Technologies. Each party is free to enter into similar agreements with others to develop, acquire, or provide competitive products and services.
      2. Customer authorizes Aixept Technologies and its subsidiaries to store and use Customer’s business contact information wherever they do business, in connection with the AiBiz SaaS offering or in furtherance of Aixept’s business relationship with Customer.
      3. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is Aixept Technologies responsible for any third party claims against Customer except as expressly set forth in this Agreement.
      4. Customer agrees that use of the AiBiz SaaS offering will comply with the Acceptable Use Policy set forth in this Agreement and applicable data protection laws.
      5. There is no charge for the use of the AiBiz SaaS for the duration of the Evaluation Period.
10. Acceptable Use Policy

    This Acceptable Use Policy applies to Customer and all AiBiz Users. Customer and AiBiz Users must use the AiBiz SaaS offering only for lawful business purposes and in compliance with this Agreement and applicable laws. Without limitation, Customer and AiBiz Users must not:

    • use the AiBiz SaaS offering for unlawful, harmful, fraudulent, deceptive, or infringing activity, or to transmit malware or other harmful code;
    • attempt to probe, scan, or test the vulnerability of the AiBiz SaaS offering or any related system or network without Aixept’s prior written authorization, or circumvent security, authentication, or access controls;
    • share login credentials except as permitted by Customer’s account structure and this Agreement, or allow access by individuals who are not authorized AiBiz Users;
    • use the AiBiz SaaS offering in a manner that unreasonably interferes with or disrupts the integrity or performance of the service or other customers’ use;
    • scrape, mine, harvest, or use automated means to extract data from the AiBiz SaaS offering except through features Aixept expressly provides or permits (such as standard export or API functionality made available to Customer);
    • misrepresent identity or affiliation, or use the service to send unsolicited bulk communications in violation of applicable law.

    Customer remains responsible for all activity under its accounts and for the accuracy, quality, and legality of Content.

11. Indemnity

    Customer agrees to indemnify, defend, and hold Aixept Technologies harmless against any third-party claim arising out of or relating to: (1) violation of this Acceptable Use Policy by Customer or any AiBiz User; or (2) Content created within the AiBiz SaaS offering or provided, uploaded, or transferred into the AiBiz SaaS offering by Customer or any AiBiz User.

12. Disclaimer of Warranties; Limitation of Liability

    Disclaimer. Except as expressly stated in this Agreement, the AiBiz SaaS offering is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Aixept Technologies disclaims all warranties whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Aixept Technologies does not warrant that the AiBiz SaaS offering will be uninterrupted, error-free, or free of harmful components, or that Content or data will be secure or not lost.

    Limitation of damages. To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, goodwill, or data, or for business interruption, even if advised of the possibility of such damages.

    Liability cap. Except for Customer’s payment obligations to Aixept Technologies, Customer’s indemnity obligations, or liability that cannot be limited by applicable law, Aixept Technologies’ aggregate liability arising out of or relating to this Agreement or the AiBiz SaaS offering will not exceed the total fees Customer paid to Aixept Technologies for the AiBiz SaaS offering in the twelve (12) months preceding the event giving rise to the claim.

    The limitations and exclusions in this section apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.

13. Termination

    By Aixept Technologies. Aixept Technologies may suspend or terminate a Customer’s access to the AiBiz SaaS offering (a) during evaluation, at any time within the evaluation period; (b) if Customer fails to pay fees when due; or (c) if Customer materially breaches this Agreement (including the Acceptable Use Policy) and fails to cure within a reasonable period after written notice where cure is possible and appropriate.

    By Customer. Customer may stop using the AiBiz SaaS offering in accordance with Aixept’s account, cancellation, and subscription procedures applicable to Customer’s plan.

    Effect. Upon termination or expiration, Customer’s access and rights under this Agreement cease. Customer and its AiBiz Users must cease use of the AiBiz SaaS offering and destroy copies of associated Enabling Software within Customer’s possession or control, except where Aixept provides or applicable law requires a reasonable period or means to export Customer data.

    Non-renewal and data. If Customer does not renew a subscription, or the subscription term ends without renewal in accordance with Aixept’s subscription and billing procedures, Aixept Technologies reserves the right to suspend or terminate Customer’s access to the AiBiz SaaS offering. After termination or expiration of Customer’s subscription or this Agreement, Aixept Technologies may delete Content and other data stored for Customer within AiBiz, except where applicable law requires otherwise or Aixept provides (or is required to provide) a reasonable period or means to export Customer data.

14. Term of Evaluation Period

    The Evaluation Period begins on the date Customer agrees to the terms of this Agreement and ends upon the earliest of 1) the end of the duration or the date specified by Aixept Technologies or 2) the date on which Customer’s access to the AiBiz SaaS offering for evaluation is disabled by Aixept, unless earlier terminated as described in the Termination section above. Customer’s ability to use the AiBiz SaaS offering terminates at the end of the Evaluation Period along with any access to materials Customer may have used within the AiBiz SaaS offering, and Customer agrees to promptly discontinue use of the AiBiz SaaS offering and destroy any copies of the associated Enabling Software within Customer’s possession or control.

15. Compliance Verification

    Upon reasonable notice, Aixept may verify Customer’s compliance with this Agreement at all locations and for all environments in which Customer uses (for any purpose) AiBiz SaaS. Such verification will be conducted in a manner that minimizes disruption to Customer’s business. Aixept will notify Customer in writing if any such verification indicates that Customer has used any AiBiz SaaS in excess of its authorized use or is otherwise not in compliance with this Agreement. Customer agrees to promptly pay Aixept Technologies the charges that Aixept specifies in an invoice for 1) any such excess use and 2) any additional charges and other liabilities determined as a result of such verification. The rights and obligations set forth in this Compliance Verification section remain in effect during the period Customer is accessing the AiBiz SaaS offering and for two years thereafter.

16. Governing Law; Dispute Resolution

    This Agreement is governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles. The courts of Nigeria have non-exclusive jurisdiction over disputes arising out of or relating to this Agreement, subject to any mandatory rights or procedures you may have under the laws of your country of residence or establishment.

17. Updates to the Agreement

    Aixept reserves the right to modify this Agreement, only with respect to prospective use of the AiBiz SaaS offering, at any time, by providing notice of such modified terms to Customer. Customer’s continued use of an AiBiz SaaS offering constitutes Customer’s acceptance to be bound by any such modified Agreement.

Contact

Questions about these terms: contact@aibizglobal.com