Terms of Service — Adozi

ADOZI, INC.

TERMS AND CONDITIONS

ADOZI is an online and mobile application that matches consumers with businesses. ADOZI allows instructional businesses to schedule, advertise, and offer courses and instruction to people by directly connecting students to instructors. These Terms and Conditions, together with the documents referenced herein (collectively, the “Terms and Conditions”), to ADOZI’s websites, apps, software platforms, or online offerings (collectively, the “App”) will automatically apply to you (“End User” or “you”). ADOZI (“we,” “us,” or “our”) permits you to use the App subject to these Terms and Conditions and any applicable laws. You may thus only utilize the App in accordance with these Terms and Conditions.

Please read these Terms and Conditions carefully before accessing or using our App. Your access to and use of the App or our Services (as defined below) is conditioned upon your compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who wish to access or use our App or Services.

By accessing or using any part of the App or our Services, you agree to be bound by these Terms and Conditions. If you do not agree to any or all of the provisions set forth in these Terms and Conditions, you do not have permission to access the App or use our Services.

Any new features or tools which are added to the current App or our Services shall also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms and Conditions by posting updates, modifications, and/or changes to our App. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the App or our Services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.

IMPORTANT NOTICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE APP. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE APP AND YOU MUST IMMEDIATELY CEASE DOWNLOADING, INSTALLING, OR USING THE APP.

BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, SIGNING UP, OR USING THIS APP, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS WHICH BIND YOU LEGALLY, AND YOU FURTHER:

(a) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS;

(b) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER OR THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS APP.;

(d) WARRANT THAT ALL INFORMATION PROVIDED UPON REGISTRATION AS PART OF YOUR ACCOUNT IS TRUE, COMPLETE, AND ACCURATE, AND THAT YOU WILL PROMPTLY INFORM US OF ANY CHANGES TO SUCH INFORMATION BY UPDATING THE INFORMATION ON YOUR ACCOUNT;

(e) AGREE TO TERMS OF THE ADOZI’S PRIVACY POLICY (“PRIVACY POLICY”), AVAILABLE AT https://www.adozi.com/privacy-policy;

(f) ACKNOWLEDGE AND AGREE THAT THE APP ACCESSES AND USES YOUR LOCATION INFORMATION BASED ON THE LOCATION OF YOUR MOBILE DEVICE AT THE TIME OF CONNECTING TO THE APP.

If at any time after reviewing or using the App you wish to terminate such use or these Terms and Conditions, you must cease access to the App, uninstall and remove the Appfrom your Mobile Device completely, and delete any copies thereof in your possession. “Mobile Device” means any Android or iOS compatible basic phone, smartphone, smart watch laptop, or tablet;

ABOUT ADOZI

ADOZI has created a technology platform or marketplace that connects people looking for courses/instruction (“Students”) to businesses using our App to try to find patrons (“Instructors”) that are in need of such students (the “Services”). Our App enables Students and users to communicate their contact information, payment method and schedule directly to Instructors with available courses, in a format that these Instructors understand. Our App also enables eligible Students to find their desired courses and we facilitate that matching process. Our App also enables Instructors to communicate the courses they offer and the criteria needed for each course. Once you have taken a course with an Instructor, you can leave feedback that’s visible to you and other Students that use the App. Our App strives to make the information given to us by Students and users available in the most relevant and efficient way, so that other Students and users can find the courses or instruction they want and Instructors can find the Students they need.

ADOZI charges one U.S. Dollar ($1.00) at the time of reservation for every transaction made using the App. ADOZI charges 4.20% of the total transaction value as a credit card fee. Once the course or instruction has concluded, ADOZI shall distribute the Instructor’s fee (minus any distribution, also known as withdrawal fees, detailed on at https://adozi.com/pricing and hereby incorporated) to the Instructor within a reasonable time period, excluding if the student has disputed the transaction with the instructor.

Students and Instructors are independent contractors and are not employees of ADOZI. Nothing in these Terms and Conditions or as a result of your use of the App shall be construed as creating a joint venture, partnership, employment, or agency agreement between ADOZI and you. ADOZI provides no warranties as to the quality of the instructors, courses, , instruction, and/or the students.

Students:

If you are a Student using our Services to find courses or instruction, you must agree to ADOZI’s Terms and Conditions before using or accessing the App. Your use and access of the App is governed by these Terms and Conditions. Your use of the App is strictly limited and granted solely to provide you the ability to look for courses and instruction and connect with the Instructors who have posted available courses and instruction through the App. All other use is prohibited. In order to use our App, you must be at least eighteen (18) years old. By using or accessing the App, you are agreeing to share information with ADOZI, Instructors, and other users of the App. You agree to provide truthful information about yourself, and grant ADOZI the right to use this information in connection with the App. When you give us information, you are also sharing it directly with Instructors that have courses or instruction you might be interested in. We ask you for information so that Instructors with relevant courses can connect with you. We ask for and share your contact information (including your name, email address and phone number) so that Instructors can get in touch with you about courses or instruction that they offer on or through our App. We ask for your address so that our App can find and locate courses and instruction that are closer to you. You have choices about the information you provide to us and it’s your choice whether to share sensitive information with us and whether to put such information on your profile. With respect to your profile, please do not post or add personal data to your profile that you would not want to be publicly available. You can always choose not to give us certain information; however, not providing information may prevent you from using certain features of or fully enjoying the App. If any information about you is inaccurate, please contact ADOZI at privacy@adozi.com

Instructors:

If you are an Instructor using our App to post courses or instruction, you must agree to ADOZI’s Terms and Conditions before using or accessing the App. Your use and access of the App is governed by these Terms and Conditions. Your use of the App is strictly limited and granted solely to provide you the ability to try to fill open slots listed on the App with Students connected to you by or through the App. All other use is prohibited. You agree that you won’t use the App in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for ADOZI. You also agree that you won’t collect or compile data on Students using our App except for the specific purpose of filling a course you list using our App. To use our App, you agree to give us truthful information about your business and the courses or instruction you offer as well as the right to make our Services available to Students and other users. You agree that all information you post about your organization, any courses or instruction, any Students or any other information is truthful. You agree to share your account information only with your employees or representatives who are authorized to use our App on your behalf. You agree that all activity on the App using your account is being conducted by someone duly authorized by you to do so. You agree you are fully liable and responsible for all actions performed using your account.

Instructors are independent of ADOZI and its affiliates, subsidiaries, agents, officers, and/or directors. The cancellation and rescheduling policies of any instructors, courses, and/or instruction is made by the Instructors and is not controlled in any way by ADOZI. ADOZI is not responsible for providing a refund to Students for the services rendered by Instructors, and/or in the event of a failure to render the Instructor’s services. Should the Student of Instructor fail to execute their scheduled course or instruction, ADOZI is not responsible for refunding the booking fee.

ADOZI PURPOSE

The App enables us to match Students with Instructors. The App includes any content, such as personal information, service, method, software, data, technology, specification, description, information, communications, published works, photos, video, graphics, music, sounds, or any other things that is included with, operated on or can be viewed by you in the App, including, without limitation, any derivative works, improvements, additions, collections or modifications. Data and messaging rates may apply when you use the App, including domestic and international roaming charges, if applicable, and you agree that you are solely responsible for any cellular usage charges you incur by using the App. The App, via a link, will also allow you to find answers to common questions, review program terms and conditions, and the Privacy Policy. You acknowledge further that the engagement of a Student to instruct creates a direct business relationship between Instructor and Student and ADOZI does not guarantee nor takes responsibility for any acts or omissions related to such relationship.

CONTENT

The App may permit you to submit, upload, publish or otherwise make available to ADOZI through the App textual, audio, and/or visual content and information, including Student or Instructor profiles, commentary and feedback related to the services and other users, initiation of services-related or support requests, and submission of entries for promotions ("User Content"). You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, experience, licenses, photograph(s) and/or location, and such User Content helps you to get more from our Services, including matching you to opportunities. It’s your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. Any User Content provided by you remains your property. However, by providing User Content to ADOZI, you grant ADOZI a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and ADOZI’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

PROHIBITED USE

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the App or any related website, other websites, or the Internet. We reserve the right to terminate your use of the App or any related website for committing any of the prohibited uses.

COLLECTION OF LOCATION AND OTHER INFORMATION

The App may access and use your device location information for our analysis of geographic dispersion of our services based on the area where your device is located. In addition, the App may collect and use your name, address, email address, phone number, IP Address, cookie data, device information (such as OS, browser user agent string). It is your responsibility to keep your phone and access to the App secure. If you access the App from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

MOBILE ALERTS

You agree to receive pre-programmed notifications (“Location Alerts”) from the App if you have turned on locational services on your Mobile Device or other handheld devices (as the case may be). ADOZI may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. ADOZI may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the App may be delayed or prevented by a variety of factors. ADOZI may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. ADOZI shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address or mobile number you have provided for the App. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

The App also permits other users to contact you or provide you notifications on their own behalf via telephone, email, short message service, or text message. You agree to receive notifications from other users at any of the numbers (including wireless numbers) you have provided to us through any means authorized under these Terms and Conditions.

USE OF THE APP

We reserve the right to prevent you from using the App and the Service (or any part of them).

If you are not the bill payer for the Mobile Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

We are offering the App to use for your own personal use only, and you should be aware that you cannot send it to anyone else, and you are not allowed to copy or modify our trademarks or the App or any part thereof in any way. You are not allowed to attempt to extract the source code of the App, and you should not try to translate the App into other languages or make derivative versions. The App and all the trademarks, copyright, database rights, and other intellectual property rights related thereto belong solely to us. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party, including, but not limited to (as applicable), information about the identity of Instructors or their qualifications or other characteristics.

REVISIONS AND UPDATES

We may change or revise these Terms and Conditions from time to time in our sole discretion, with or without notice to you. You are bound by any such changes and revisions and should therefore periodically visit our App to review our then-current Terms and Conditions. Your continued access and use of the App will be governed by our most current Terms and Conditions and constitute your acceptance thereof and your agreement to be bound accordingly.

From time to time, we may provide updates to the App. You may not be able to use the App until you have installed the latest version.

You understand and agree that we transact with the App users electronically and, therefore, may provide you with required notices and terms electronically, such as by posting a notice in the App, and/or sending you an email.

LICENSE GRANT AND USE RESTRICTIONS

Subject to these Terms and Conditions, including the Privacy Policy and the Mobile Application End User License Agreement, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited right to download, install, and use a copy of the App on a Mobile Device owned and controlled by you (the “Mobile Device”), and to access and use the App on such Mobile Device in accordance with these Terms and Conditions and all applicable local, national, and international laws and regulations. You represent, warrant, and agree that you are using the App solely for the Purpose described in Section 1.1 and not for redistribution or transfer of any kind. Any other use of the App is strictly prohibited. We reserve any and all rights in and to the App. We also reserve the right to revoke or terminate the license granted hereunder at any time in our sole discretion, with or without prior notice. Unless we tell you otherwise in writing, upon any such revocation or termination, (i) the rights and license granted to you under these Terms and Conditions will end immediately, and (ii) you must immediately stop using the App and delete the App from your Mobile Device.

You agree to abide by the rules and policies which are established from time to time by us in these Terms and Conditions as well as the ADOZI Privacy Policy and the Mobile Application End User License Agreement and/or any amendments, modifications, revisions, or updates thereto. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App and obtaining available patches to address security, interoperability, or performance issues. Your continued use of the App indicates your agreement to any revised license rights. Accordingly, we urge you to frequently review the license and any amendments thereto, and, if you do not agree to the terms of such rules and policies or any revisions thereto, you must cease using the App immediately. The App’s Terms and Conditions as well as the Privacy Policy are located at https://www.adozi.com/terms-of-service and https://www.adozi.com/privacy-policy, which are incorporated herein by this reference.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the source and object code of the App (including whether or not present on your Mobile Device; and including, without limitation, any copy that you download, install, or use on your Mobile Device) and the format, directories, queries, algorithms, structure and organization of the App are the intellectual property and proprietary and confidential information of us, our affiliates, licensors, or suppliers. The App is licensed, not sold, to you. Title to the App shall remain at all times with us. We and our partners, collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the App (or any copy thereof) at any time without notice and will have no liability to you or any third party for doing so. Except as expressly stated in these Terms and Conditions, you are not granted any intellectual property rights in or to the App, whether by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted to you under these Terms and Conditions are hereby reserved and retained by us. These obligations survive the termination of these Terms and Conditions and the license granted hereunder.

Trademarks (including, but not limited to, the ADOZI logo) that are used or displayed in the App are owned by us or our affiliates, licensors, or suppliers. Our trademarks may not be copied or used, in whole, partial or modified form, without the prior written permission of us or, if applicable, our licensors. In addition, ADOZI custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing a website name, trademark, or product name without our express written consent. These obligations survive the termination of these Terms and Conditions and the license granted hereunder or by any other agreement incorporated herein by reference..

The App may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between these Terms and Conditions and the Open Source License Terms, the Open Source License Terms shall control.

NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES

You acknowledge that the App may permit or facilitate access to Services, websites, advertisements, promotions, recommendations, advice, information, and content created and provided by us. The App may contain links to independent third-party websites or other applications (“Third-Party Sites”). Third-Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies, if any. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.

TERM AND TERMINATION

These Terms and Conditions and the license granted hereunder shall be effective from the time you download, install, copy, or otherwise use the App until terminated. We may, in our sole and absolute discretion, at any time and for any or no reason, suspend or terminate the license and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any provision of these Terms and Conditions, then the license and any rights afforded to you hereunder shall immediately terminate automatically, without the necessity of notice or other action by us. Upon the termination of the license granted to you hereunder, you shall cease all use of the App and uninstall and delete the App from your Mobile Device. We may, without notice to you, disable the App at any time. We will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of suspending or terminating the license hereunder in accordance with these Terms and Conditions, and such suspension or termination will be without prejudice to any other right or remedy we may have now or in the future. These obligations shall survive the termination of the license and these Terms and Conditions.

Your use of the App is governed by our Privacy Policy and any supplemental disclosures provided herein. By downloading, installing or using the App, you consent to these Terms and Conditions as well as the Privacy Policy. In order to use the App, it will collect and use certain information provided by you. This information may include, among other data, your name, email address and billing information as provided by you upon registration or at a later stage during the use of the App. The App may have access to mobile device identification information and mobile device physical location.

The App does not target to minors under the age of 18, and will not knowingly collect personally identifiable information from children under the age of 18. We may use firewalls, password protection, encryption and other security measures to help prevent unauthorized access to your personally identifiable information. You always can elect to discontinue the App by deleting and/or uninstalling the App on your Mobile Device. To learn more, you can access the Privacy Policy at https://www.adozi.com/privacy-policy.

REGULATIONS FOR POSTINGS ON APP

As part of the Services, ADOZI may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the App or other third party applications. These forums may be hosted by ADOZI or by one of our third-party service providers on ADOZI’s behalf. You agree in posting content to comply with the following provisions:

(a) You are responsible for all content you submit, upload, post or store through the App;

(b) You are responsible for all materials ("Content") uploaded, posted or stored through your use of the App. You grant ADOZI a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the App. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ADOZI is not responsible for the Content or data you submit through the App. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the App and our business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the App and under these Terms and Conditions;

(c) You agree not to use, nor permit any third party to use, the App to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the App, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the App, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the App infrastructure or that negatively affects the availability of the App to others;

(d) You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the App are prohibited;

(e) You agree that ADOZI may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the App, other services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

The App may include a community forum or other social features to exchange information with other users of the App and the public. ADOZI does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ADOZI is not responsible.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APP, ANY APP-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE APP, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE APP AND ANY APP-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER WE NOR OUR LICENSORS, SUBSIDIARIES, AND OTHER RELATED PARTIES, NOR OUR OR THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (i) THE APP WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE APP ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR APP OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE APP SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION. ADOZI IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE.

LIMITATION OF LIABILITIES

IN NO EVENT SHALL WE OR OUR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE APP OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE APP; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APP OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR SERVICES ON OR AVAILABLE THROUGH THE APP; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE APP, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP OR APP-RELATED SERVICES IS TO STOP USING THE APP AND/OR THOSE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE APP.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, as well as our officers, directors, agents, employees, underlying content and/or service providers, licensors, and each of their respective subsidiaries and affiliates from and against any claim, proceeding, loss, expense, damage and cost, including reasonable attorneys' fees, made by any third party due to or arising out of any material or any other content or information that you submit, post or upload to or transmit through the App, your use of the App, your connection to the App, your violation of these Terms and Conditions, or your violation of any law or the rights of any third party. These obligations will survive any termination of your relationship with us or your use of the App. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

GOVERNING LAW; VENUE; ATTORNEY'S FEES; WAIVER OF JURY TRIAL

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida, without regard to its conflict of law principles. You agree that any legal action or proceeding between us and you for any purpose concerning these Terms and Conditions or your or our obligations hereunder shall be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the App shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND ADOZI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE APP.

SEVERABILITY; WAIVER; MODIFICATION; SURVIVAL

If any provision of these Terms and Conditions is held to be invalid or unenforceable with respect to a party, the remainder of these Terms and Conditions, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, shall not be affected and each remaining provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may modify or amend these Terms and Conditions at any time, with or without notice to you, by posting a copy of the modified or amended Terms and Conditions available through the App. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the App following the date on which the modified or amended Terms and Conditions are made available through the App. The provisions found in these Terms and Conditions shall survive termination of your license for the use of the App.

TRANSFERABILITY

Except as explicitly provided in these Terms and Conditions, nothing contained in these Terms and Conditions is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you. Your rights and duties under these Terms and Conditions are not assignable by you without our prior written consent.

ENTIRE AGREEMENT

These Terms and Conditions including any and all documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

privacy@adozi.com

Adozi Inc.

C/O EPGD Attorneys at Law, P.A.

777 SW 37th Ave., Suite 510

Miami, FL 33135, United States of America

or via telephone:

+1 786 220 2642