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Terms & Conditions

ITMO Tech Private Limited

Digital Business Address, Website & Booking Service

Effective Date: [ ]

1. NATURE OF SERVICES

ITMO Tech Private Limited (“ITMO Tech”, “Company”, “we”, “us” or “our”) provides digital infrastructure and related services that may include web addresses, digital identities, websites, hosting, booking engines, reservation systems, appointment systems, digital business profiles, business-management tools, integrations and other digital products and services.

The exact Services available to a Customer shall depend upon the package, plan, subscription or offering selected by the Customer.

ITMO Tech may introduce additional products, features, integrations, packages or services at any time.

2. PACKAGES ARE SUBJECT TO CHANGE

The contents of any package offered by ITMO Tech are not guaranteed to remain permanently unchanged.

ITMO Tech may, subject to applicable law:

  • introduce new Services;
  • introduce new packages or plans;
  • add features to an existing package;
  • modify existing features;
  • replace features;
  • discontinue features;
  • restrict or modify certain features;
  • combine or separate packages;
  • migrate Customers between technically equivalent Services;
  • introduce premium or optional features;
  • discontinue products or packages; or
  • otherwise modify the structure of its Services.

Such changes may be made for commercial, operational, technical, security, regulatory, infrastructure, third-party dependency or other legitimate business reasons.

Where a material change affects an active paid subscription, ITMO Tech will handle the change in accordance with applicable law and the terms applicable to that subscription.

3. PRICING

The price payable by the Customer shall be the applicable price displayed, quoted or otherwise communicated by ITMO Tech at the time of purchase or renewal.

Prices are not permanently fixed merely because a Customer previously purchased the Service at a particular price.

ITMO Tech may increase or decrease prices, introduce different pricing structures, create new plans, withdraw existing plans, provide promotional pricing or otherwise revise its commercial terms.

Unless otherwise expressly stated, a Customer's future renewal shall be subject to the price applicable to that Service or package at the time of renewal.

Any promotional, introductory, discounted or special price does not create a right to receive the same price for subsequent subscription periods.

4. CUSTOMER RESPONSIBILITY FOR ITS BUSINESS

ITMO Tech provides digital infrastructure and technology. ITMO Tech does not operate, manage, own or control the Customer's underlying business merely because that business uses ITMO Tech's Services.

The Customer remains solely responsible for:

  • operation of its business;
  • products and services offered by the Customer;
  • representations made to customers;
  • prices and offers;
  • licences and regulatory approvals;
  • taxes;
  • bookings and reservations;
  • fulfilment of orders and appointments;
  • cancellations and refunds;
  • employees and contractors;
  • customer disputes;
  • business practices;
  • Customer-provided content;
  • intellectual-property compliance;
  • consumer-law compliance;
  • privacy obligations applicable to the Customer; and
  • compliance with all laws applicable to the Customer's business.

Use of ITMO Tech's technology does not transfer these responsibilities to ITMO Tech.

5. CUSTOMER LIABILITY AND THIRD-PARTY CLAIMS

To the maximum extent permitted by applicable law, any claim, complaint, proceeding, investigation, demand, loss, liability or legal action arising from or relating to:

  • the Customer's business;
  • the Customer's products or services;
  • Customer-provided information or content;
  • a booking, reservation, appointment or transaction involving the Customer;
  • the Customer's representations to its customers;
  • misuse of an allocated web address;
  • infringement of trademark, copyright or other intellectual-property rights by the Customer;
  • passing off or misuse of another business's goodwill;
  • the Customer's failure to obtain licences or approvals;
  • the Customer's violation of applicable law;
  • fraud, misrepresentation or misconduct by the Customer; or
  • any other activity carried out by or on behalf of the Customer,

shall remain the responsibility of the Customer and shall not become the responsibility of ITMO Tech merely because ITMO Tech provided the digital infrastructure through which the activity occurred.

6. LEGAL PROCEEDINGS INVOLVING CUSTOMER ACTIVITY

If any lawsuit, legal notice, regulatory proceeding, consumer complaint, intellectual-property claim, investigation or other proceeding arises because of the Customer's business, content, conduct, products, services, transactions or use of the Services, the Customer shall be responsible for responding to and resolving such matter.

The Customer shall promptly notify ITMO Tech if such a matter may materially affect ITMO Tech or the Services.

Where ITMO Tech receives a legal notice, court order, governmental request or third-party complaint concerning a Customer or an allocated web address, ITMO Tech may take reasonable measures including suspension, restriction, preservation of relevant records, removal of content or disabling of the relevant Service where required or reasonably appropriate.

Nothing in these Terms requires ITMO Tech to assume responsibility for defending the Customer against claims arising from the Customer's own business or conduct.

7. INDEMNIFICATION

To the maximum extent permitted by applicable law, the Customer agrees to defend, indemnify and hold harmless ITMO Tech Private Limited and its directors, officers, employees, affiliates, contractors and service providers from claims, proceedings, losses, damages, liabilities, penalties, costs and reasonable legal expenses arising out of or relating to:

  • the Customer's business;
  • the Customer's products or services;
  • Customer-provided content;
  • the Customer's violation of applicable law;
  • infringement or alleged infringement of third-party intellectual-property rights;
  • passing off, impersonation or misuse of another person's or business's goodwill;
  • fraud, deception or misrepresentation by the Customer;
  • disputes between the Customer and its customers;
  • bookings, reservations, appointments, orders or transactions involving the Customer;
  • violation of these Terms; or
  • misuse of any Service provided by ITMO Tech.

This provision does not require the Customer to indemnify ITMO Tech for liability that applicable law does not permit ITMO Tech to exclude or transfer.

8. ITMO TECH IS A TECHNOLOGY PROVIDER

Unless expressly stated otherwise in writing, ITMO Tech acts solely as a provider of digital technology and infrastructure.

Providing a website, web address, digital identity, booking engine, reservation facility, payment integration, business profile or other digital functionality does not mean that ITMO Tech:

  • owns the Customer's business;
  • operates the Customer's establishment;
  • endorses the Customer;
  • guarantees the Customer;
  • guarantees the quality of the Customer's products or services;
  • guarantees the authenticity of every representation made by the Customer;
  • becomes a party to transactions between the Customer and its customers; or
  • assumes the Customer's legal or regulatory obligations.

9. NO GUARANTEE OF CONTINUED FEATURES

A feature available today may depend upon technology, third-party APIs, infrastructure providers, regulatory requirements or commercial arrangements that may change in the future.

Accordingly, ITMO Tech does not guarantee that every feature, integration or ancillary Service will remain available indefinitely.

ITMO Tech may substitute, modify or discontinue a feature where reasonably necessary because of:

  • technological changes;
  • third-party platform changes;
  • security considerations;
  • regulatory requirements;
  • excessive infrastructure costs;
  • low usage;
  • product redesign;
  • commercial viability;
  • technical limitations; or
  • other legitimate operational requirements.

10. THIRD-PARTY DEPENDENCIES

Some Services may rely upon third-party infrastructure, software, APIs, payment systems, mapping services, communication providers, hosting providers, domain infrastructure, artificial-intelligence services or other external systems.

ITMO Tech is not responsible for failures, restrictions, pricing changes, discontinuations or policy changes caused by third-party providers that are outside ITMO Tech's reasonable control.

If a third-party service becomes unavailable or commercially or technically impractical, ITMO Tech may replace, modify or discontinue the affected functionality.

11. EXCESSIVE RESOURCE USAGE

Subscription packages are intended for reasonable usage consistent with the nature and ordinary operation of the relevant business.

Where a Customer generates unusually high traffic, storage consumption, bandwidth, bookings, API calls, database usage, computing requirements or other infrastructure costs substantially beyond those contemplated by the Customer's package, ITMO Tech may require:

  • payment of additional charges;
  • migration to another package;
  • purchase of additional capacity; or
  • reasonable technical restrictions.

Where practicable, applicable additional charges will be communicated before they are imposed.

ITMO Tech may take immediate temporary technical measures where necessary to maintain security, stability or availability of the platform.

12. NEW AND FUTURE SERVICES

ITMO Tech may develop and offer additional digital products and services in the future.

These may include new business tools, artificial-intelligence functionality, communication services, payment functionality, commerce tools, marketing services, analytics, customer-management tools, reservation systems, applications, integrations or other digital services.

New Services may:

  • be included within an existing package;
  • be offered as an optional add-on;
  • require a separate subscription;
  • require additional payment;
  • be offered free of charge;
  • be offered temporarily;
  • have separate eligibility requirements; or
  • be governed by additional terms.

The availability of a new feature to one Customer does not create an obligation for ITMO Tech to provide the same feature to every Customer.

13. SERVICE EXPERIMENTATION AND BETA FEATURES

ITMO Tech may introduce experimental, preview, beta, trial or early-access functionality.

Such functionality may be modified or withdrawn at any time and may not carry the same availability or performance expectations as generally released Services.

Use of such functionality may be subject to additional conditions.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ITMO Tech shall not be liable for indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of profits, revenue, goodwill, customers, bookings, data or business opportunities resulting from use or inability to use the Services.

ITMO Tech does not guarantee any particular level of:

  • website traffic;
  • search-engine visibility;
  • bookings;
  • reservations;
  • enquiries;
  • customer acquisition;
  • sales;
  • business revenue;
  • uptime; or
  • commercial success.

Where ITMO Tech is legally liable and such liability may lawfully be limited, ITMO Tech's aggregate liability arising from the relevant Service shall be limited to the amount paid by the Customer to ITMO Tech for that Service during the period giving rise to the claim, or such other limitation as may be permitted under applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

15. CUSTOMER ACKNOWLEDGEMENT

By purchasing, activating or continuing to use a Service, the Customer acknowledges that:

  • ITMO Tech provides digital technology and infrastructure and does not operate the Customer's underlying business;
  • the Customer remains responsible for its business activities and legal compliance;
  • the Customer remains responsible for ensuring that its selected web address, business name and content do not violate third-party rights;
  • packages, Services and features may evolve over time;
  • prices may increase or decrease;
  • renewal pricing may differ from the Customer's original purchase price;
  • additional Services may be introduced separately or for additional fees;
  • certain Services may be discontinued, replaced or modified;
  • excessive infrastructure usage may require additional payment or migration to another package;
  • ITMO Tech does not guarantee business results, traffic, bookings or revenue; and
  • the Customer is responsible for claims arising from the Customer's own business, conduct, content, products and services, subject to applicable law.

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