Terms of Use – NextGEN Software & IT Consulting

These Terms and Conditions governs your use of all software applications (“App”) covering web and mobile applications owned by EbiVerse LLC.

1. INTRODUCTION:

Welcome to our application (the “App“). This App is owned by EbiVerse LLC (“EbiVerse”, “EV”,“We” or “Us“) a company registered in the State of Texas in the United States of America, with primary business location at 5900 Balcones Dr Ste 100, Austin TX 78731. By accessing, downloading or installing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. GENERAL RULES RELATING TO CONDUCT:

The App is made available for you to use subject to the account you sign up for. The App may also be provided to you to use without setting up an account . The App must not be used for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law; or

(d) Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually explicit content on any EbiVerse services provided through the App; or

(e) Create accounts for others except yourself either for free or for a fee including but not limited to transfer, assign, license, sell your account, followers list, following list, loyalty list and all other account information to others; or

(f) Post unauthorized content on our App; or

(g) Post private information belonging to others including but not limited to phone numbers, email addresses, physical addresses, social security numbers etc ; or

(h) Use the name of our App in your user ID; or

(i) Make your account login credentials accessible to others; or

(j) Use other users account without their knowledge and seek account information of other users; or

(k) Use EbiVerse Apps and services to spam, abuse, bully, threaten, harass, defame, stalk, impersonate or create a hostile social experience for any user; or

(l) Use the EbiVerse name on other media as if that media is associated with EbiVerse or any of our partners and affiliates; or

(m) Post content that you don’t own the rights to post and will not hide any copyright information on any posted content; or

(n) Post content that infringe on any intellectual properties of others and that you are solely responsible for any penalties that arise from your violation of copyright laws; or

(o) Provide misleading information about your identity.

You further agree that;

(a) EbiVerse is not a data backup service and is under no obligation to backup your data and you will not expect EbiVerse to restore any data you loose by using our services for any reason.

(b) You indemnify EbiVerse and its partners and affiliates in full and on demand from and against any loss, damage, costs or expenses which you suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

(c) You will make all payment transactions and keep all communications related to your use of our App using only payment and communication systems provided through the App.

3. CONTENT:

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to EbiVerse LLC and its partners and affiliates as shown in the App. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without EbiVerse express permission. The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by EbiVerse LLC and its partners and affiliates or third party partners of EbiVerse LLC. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of EbiVerse or the relevant partner or affiliate or the relevant third party partner of EbiVerse LLC.

4. LINK TO THIRD PARTIES:

The App may contain links to websites operated by third parties (“Third Party Websites“). EbiVerse may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, EbiVerse does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

5. EBIVERSE PRIVACY POLICY:

We take your privacy very seriously. EbiVerse will only use your personal information in accordance with the terms of our privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) EBIVERSE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN EBIVERSE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED. EbiVerse will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF EBIVERSE IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL NOT EXCEED TEN US DOLLARS ($50). Nothing in these Terms shall be construed as excluding or limiting the liability of EbiVerse and its partners and affiliates for death or personal injury caused by its negligence or for any other liability which cannot be excluded by US law.

7. SERVICE SUSPENSION OR REFUSAL: EbiVerse reserves the right to:

(a) Suspend or cease providing any services relating to the Apps published by it for any reason, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. You can close your account at any time. If you choose to close your account all your data will be deleted from our servers. If your account is suspended or closed in any way, all rights afforded to you by these terms also cease with immediate effect.

(b) Refuse anyone, anytime for any reason the use of our services provided through our Apps. You agree that EbiVerse is under no obligation to remove, edit, block, monitor content that at our sole discretion determine that such content violates the terms of the agreement. You are solely responsible for your interaction with others by using our services and agree that EbiVerse is under no obligation to get involved in disputes between users.

(c) To display advertising and promotions at anytime to pay for some of our free services.

(d) To remove any content at anytime for any reason without notice to you and could keep such content to comply with certain laws as needed. Such content cannot be retrieved without a court order so you are advised to have your own backup of all content that is posted through our services.

8. ADVERTISERS IN THE APP:

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not EbiVerse is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser. By posting a business Ad or a classified Ad using our App, you acknowledge and agree that you have read and accept the terms of our Advertising Terms of Use.

9. COMPETITIONS:

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by EbiVerse from time to time (“Competition Rules“) and by the decisions of EbiVerse which are final in all matters relating to the Competition. EbiVerse reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. GENERAL:

These Terms (as amended from time to time) constitute the entire agreement between you and EbiVerse concerning your use of the App. EbiVerse reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of EbiVerse. These Terms shall be governed by and construed in accordance with US law and you agree to submit to the exclusive jurisdiction of the US Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. EbiVerse failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EbiVerse in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits or otherwise in favor of any person other than you, EbiVerse and its partners and affiliates.