SIVIL TECHNOLOGIES, INC.
2. DESCRIPTION OF SERVICES
We aim to create a safer world for all civilians and be a global leader in civilian focused solutions. We provide community members a variety of online and mobile platforms for engaging public sector organizations (the “Services”). Our platforms may include, without limitation, various products such as the Sivil Technologies website (the “Website”), the Sivil Technologies app (the “App”), and other platforms. Any new features, upgrades, and revisions to our platforms shall be a part of our Services and subject to our Terms. In connection with our Services, we may occasionally communicate with you through the Website or the App, or by email or text. You agree to receive such communications from us.
At this time, our Services DO NOT include access to emergency services or emergency service providers, such as the fire department, police or sheriff department, or paramedics or other medical personnel. You should directly contact your local emergency services providers to report a fire, crime, or medical emergency.
3. REGISTRATION REQUIREMENTS
To use our Services, you must be at least fourteen (14) years old or such older age required by your State or country. Additionally, if you are less than eighteen (18) years old (or such different minimum required age to have authority to enter into a contract in your country), your parent or legal guardian must agreement to our Terms on your behalf.
You must register to use Our Services. You agree to provide truthful, accurate and complete information about yourself when registering and to keep your registration information current. We reserve the right to suspend or terminate your account if (a) you provide untrue, inaccurate, or incomplete information or fail to update your information within a reasonable time, or (b) we reasonably believe that you provided untrue, inaccurate, or incomplete information or failed to update your information within a reasonable time.
4. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from us either in the form of email sent to you at the email address listed on your account, text message to your mobile device listed in your account, or by communications posted on the Website or the App. You acknowledge and agree that any electronic communication in the form of such email, or text messaging, or posting on the Website or through the App shall satisfy any legal requirement that such communication be in writing.
5. RESPONSIBILITY FOR YOUR ACCOUNT
You are solely responsible for maintaining the security of your account and your account password and restricting access to your computer/device and your account. You are solely responsible and liable for all activities, including, without limitation, all posts, reports, and information provided through your account. You agree to immediately inform us if your account has been used without your authorization or if the security of your account has otherwise been compromised.
You acknowledge and agree that we may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of our Services (a) if we are required to do so by law or legal process; (b) if we determine, in our sole and absolute discretion, that such action is necessary to protect our rights or the rights of third parties, and (c) for purposes of responding to your request for customer service.
7. RESPONSIBILITY FOR DATA
You are solely responsible for all information, including your written description of your engagement with public sector organizations, your general summary of the event and any other text; the date and time of the event; the physical location of the event (which may be generated through geolocation services and/or your input); the people involved and a description of those people; and related photographs, graphics, images, video recordings, and audio recordings; tags; and other data (“Data”) that you upload, post, or otherwise make available through our Services.
We do not control the Data that is uploaded and posted through our Services or guarantee the accuracy or integrity of such Data. We will not be liable in any way whatsoever for the Data that is made available through our Services, including, without limitation, the accuracy or integrity of the Data, any errors or omissions in the Data, the offensiveness of any Data, or any losses or damages related to the Data, whether posted by you or another user of our Services. Although we may not prescreen Data, we reserve the right to prescreen Data and to reject or remove Data at any time with or without notice in our sole discretion. You must independently evaluate all Data provided through our Services and independently determine whether such Data is reliable, accurate, and complete.
You acknowledge and agree that we may create policies about the use of our Services, including the maximum amount of Data that you can hold in your account or transmit through our Services, and that we shall not be liable for deleting or failing to store any Data that you provide through our Services.
8. USE LICENSE
By making your Data available through our Services, you grant us an irrevocable, worldwide, royalty-free, perpetual non-exclusive license to distribute, publicly display and perform, modify, adapt, translate, reproduce, publish, copy, and otherwise use your Data to the fullest extent allowed by applicable law.
9. RESTRICTIONS ON YOUR USE OF OUR SERVICES
In connection with your use of our Services, you agree that you will not:
a. violate any applicable local, state, federal or international law, or use our Services in any manner that creates civil or criminal liability for Sivil Technologies;
b. transmit, post, or upload Data that is illegal, fraudulent, misleading, malicious, obscene, abusive, threatening, harassing, libelous, or discriminatory;
c. engage in any conduct that would or could interfere with, damage, disable, overburden, impair, impede, disrupt, or alter the Website or the App or any other part of our Services;
d. add content or provide information that is not intended for, or inaccurate for, a designated field;
e. create a false identity, misrepresent your identity, or impersonate someone else; create a profile for anyone other than yourself or your minor child; or use or attempt to use another’s account;
f. transmit any advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
g. disclose information that you do not have the right to disclose (e.g., confidential or proprietary information, or information subject to a nondisclosure agreement);
h. violate any intellectual property, patents, trademark, trade secret, copyright or other proprietary rights (including, without limitation, using the term “Sivil Technologies, Inc.” or our logos and trademarks (registered and unregistered) in any business name, email, or URL except without our prior written consent);
I. remove any copyright, trademark or other proprietary rights notices contained in or on the Website or the App or otherwise through our Services;
j. transmit anything that contains software viruses, worms, or any other harmful code;
k. manipulate identifiers in order to disguise the origin of any Data;
l. collect, use, copy, manipulate, or transfer any of our Data or the Data of another user of our Services;
m. copy, modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for our Services or any part of our technology, or otherwise create or attempt to create derivative works of the Website, the App or any other part of our Services;
n. rent, lease, loan, trade, sell/resell access to our Services;
o. remove, cover, or obscure any advertisement included on our Services;
p. use manual or automated software, devices, scripts robots, browser plugins, add-ons or other means or processes to access, “scrape,” “crawl” or “spider” our Services, our Data or the Data of any user of our Services;
q. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website, the App, or our Services;
r. override any security feature of our Services; or
s. interfere with the operation of, or place an unreasonable load on, our Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
Your violation of this section shall be cause for immediate termination of your account with us and your use of our Services and entitle us to pursue any and all remedies under applicable law.
You are responsible for carrier data plan fees and any other third-party fees and taxes related to your use of our Services. If you elect to obtain a portion of our Services that requires the payment of fees, then you agree to the following:
a. You will provide a valid funding instrument, credit or debit card, for billing;
b. You confirm your authority to use the provided funding instrument and authorize us to charge the full amount of the transaction(s);
c. You authorize us to collect and store information related to the transaction and the funding instrument;
d. You authorize us to obtain preapproval on the provided funding instrument which may result in funds not being immediately available to you;
e. If your funding instrument’s account has insufficient funds, you are solely responsible for any overdraft fee or other fees incurred;
f. Your total price may include applicable taxes and fees; and
g. You are responsible for the security of your account and agree to report any suspected breach of security to us immediately as you will be charged for any transactions completed using your account.
11. SOFTWARE UPDATES
You are solely responsible for providing a device and data connection to use our Services. You agree to download and install updates to our Services and to related software and devices. You understand that certain functions within our Services may fail to work properly if you do not timely install required updates.
12. OUR INTELLECTUAL PROPERTY RIGHTS
We reserve all of our intellectual property rights in our Services, the Website, and the App, including all ownership rights in our trademarks, trade names, service marks, graphics, and logos. No license or permission is given to you to use such copyrighted material in any manner. You shall not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on the Website or the App, or otherwise in connection with our Services. You shall comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
THE USE OF THE WEBSITE, THE CONTENT OF THE WEBSITE, USE OF THE APP, THE CONTENT OF THE APP, THE SOFTWARE UTILIZED BY THE WEBSITE AND THE APP, AND ANY OTHER PART OF OUR SERVICES, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON OUR INTELLECTUAL PROPERTY RIGHTS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
13. YOUR AUTHORITY TO SUBMIT DATA TO US
By submitting Data through our Services, you represent and warrant to us that: (a) you have the authority to grant the rights to such Data which are being granted hereunder; (b) you own and/or control all rights in and to such Data; and (c) such Data complies with the proper use requirements contained in this Agreement. You are solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from our inclusion, use or distribution of your Data. We do not assume and do not have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from our inclusion, use or distribution of your Data.
You agree to indemnify and hold harmless Sivil Technologies, Inc., its shareholder, officers, directors, employees, and agents from and against any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from OUR inclusion, use or distribution of youR DATA.
14. YOUR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
We recognize and respect the importance of intellectual property rights and endeavor to take all steps to protect the intellectual property rights of others. If you believe that any Data in connection with our Services constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please let inform us immediately by sending written notice specifying all elements of your claim of infringement to: Sivil Technologies, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
15. THIRD PARTY LINKS
You understand and acknowledge that our Services may include links to certain third-party websites. You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other services, materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.
16. DISCLAIMER OF WARRANTIES
YOUR USE OF OUR SERVICES AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, SIVIL TECHNOLOGIES, INC. (INCLUDING ITS SHAREHODLERS, DIRECTORS, OFFICERS, ADMINISTRATORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND SUCCESSORS-IN-INTEREST) DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT) IN CONNECTION WITH OUR SERVICES.
WE MAKE NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY DATA PROVIDED IN CONNECTION WITH OUR SERVICES.
ANY AND ALL DATA, INCLUDING STATISTICS, REPORTS AND/OR DESCRIPTIONS REGARDING COMPLIMENTS AND COMPLAINTS, PUBLISHED ON OUR WEBSITE OR OTHERWISE AVAILABLE IN CONNECTION WITH OUR SERVICES IS TENTATIVE. FINAL DATA MAY BE PUBLISHED BY OR ACCESSED FROM THE APPLICABLE PUBLIC SECTOR ORGANIZATION(S).
WE PROVIDE OUR SERVICES ON AN “AS-IS” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR SERVICES ARE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THE WEBSITE OR THE APP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR SERVICES ARE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIVIL TECHNOLOGIES, INC. (INCLUDING ITS SHAREHODLERS, DIRECTORS, OFFICERS, ADMINISTRATORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND SUCCESSORS-IN-INTEREST) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, ANCILLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR EXPENSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF, LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES. WE SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM YOUR USE OF OUR SERVICES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE GREATER OF THE TOTAL AMOUNT YOU HAVE PAID US IN THE LAST TWELVE (12) MONTHS OR SUM OF ONE HUNDRED DOLLARS ($100.00). WE ASSUME NO LIABILITY WHATSOEVER FOR THE WAY IN WHICH A THIRD PARTY, INCLUDING ANY PUBLIC AGENCY OR OVERSIGHT COMMITTEE, RESPONDS OR FAILS TO RESPOND TO ANY COMPLAINTS OR COMPLIMENTS PROVIDED OR OBTAINED THROUGH OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
19. INDEMNFICATION AND RELEASE
20. RIGHT TO TERMINATE SERVICES
21. Dispute Resolution
a. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Sivil Technologies, Inc. arising out of, relating in any way to, or in connection with our Terms or your use of our Services (“Dispute” or “Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim in a small claims court. By agreeing to our Terms, you are giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 21(a) or Section 21(d)). The provisions of this Section shall constitute your written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. To commence an arbitration proceeding, you must comply with the limitations provision set forth in Section 21(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to us at the address listed in the Notice provision. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
b. No Class Action Matters. You and Sivil Technologies, Inc. each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, you and Sivil Technologies, Inc. each agree that Disputes shall be arbitrated only on an individual basis and not in a class, and not in a consolidated or representative action. The arbitrator does not have the power to vary these provisions.
c. No Jury Trial. You and Sivil Technologies, Inc. agree that in the event that a Dispute goes to trial, each party waives their right to a trial by jury.
d. Injunctive Relief. Notwithstanding anything to the contrary in our Terms, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the terms of our Terms.
e. Time Limitations. If either you or Sivil Technologies, Inc. wishes to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
f. Severability. With the exception of Section 21(b) above, if any part of this Section 21§ is ruled to be unenforceable, then the balance of this Section 21 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 12(b) above is ruled to be unenforceable, then Section 21(a) shall be deemed unenforceable, but the rest of Section 21 shall remain in full effect.
22. APPLICABLE LAW, JURISDICTION AND VENUE
23. MODIFICATIONS OF THIS AGREEMENT
All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to Sivil Technologies, Inc. shall be sent by email to hello@Sivil Technologies.io or to Sivil Technologies, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
25. MISCELLANEOUS PROVISIONS
a. Severability. If any provision in our Terms becomes illegal, null, or void or against public policy, for any reason, or is held by any court of competent jurisdiction to be illegal, null, or void or against public policy, the remaining provisions in our Terms shall not be affected and shall remain in force and effect to the full extent permissible by law.
b. No Waiver. Our waiver of any covenant, condition, or promise, or of the time for performing any act shall not invalidate our Terms or be considered a waiver of any other covenant, condition or promise, or of the time for performing any other act. The exercise of any remedy provided in our Terms shall not be a waiver of any remedy provided by law. The provision of any remedy in our Terms shall not exclude any other remedies unless they are expressly excluded.
c. Section Headings. The headings of Sections are inserted only for the purpose of convenient reference. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of our Terms nor shall they otherwise be given any legal effect whatsoever.
e. Force Majeure. We shall be excused from performance under our Terms to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) acts of God, including, without limitation, earthquakes, blizzards, hurricanes, tsunamis, and wildfires; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) pandemics, epidemics, quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond our reasonable control.