TERMS AND CONDITIONS
Effective Date: July 11, 2022
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THIS SITE. YOU ARE PROHIBITED FROM USING THE SITE IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS WHICH ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
Table of Contents
Description of Services.
Services Ownership and License.
Acceptable Use Policy
Disclaimer of Representations and Warranties.
Limitations of Liability.
Infringement Policy and Reporting Procedure.
Third Party Websites.
1. Description of Services.
As part of the Services, we provide platforms related to software-as-a-service via our products, Ever AI, Ever LPR, Everpass and our services, EverBaas and School Ever AI.
2. Services Ownership and License.
A. Ownership and Reservation of Rights. By signing the agreement, you irrevocably acknowledges that, subject to the licenses granted herein, you has no ownership interest in the materials provided. Ever AI Technologies will own all right, title, and interest in such materials, subject to any limitations associated with intellectual property rights of third parties. Ever AI Technologies reserves all rights not specifically granted herein.
B. Limited License. Subject to these Terms, we grant you a limited, non-exclusive, revocable, limited license to use and access our Services. The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services including any specific functionalities of our products and/or services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
3. Acceptable Use Policy
A. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
B. You agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, Trojan horses, time bombs, cancelbots, corrupted files, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, political campaigning, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vii) use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content; or (viii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4. Governing Law/Jurisdiction.
A. Governing Law/Jurisdiction. THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF MALAYSIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
B. Arbitration and Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Services or these Terms (collectively, “Dispute”), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least thirty (30) days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (i) a description of the Dispute and (ii) a proposed resolution (together, the “Dispute Notice”). If you want to raise a Dispute, you must send your Dispute Notice by certified mail to us at: Ever AI Technologies, 12, Jalan Anggerik Aranda 31/170C, Kota Kemuning, 40460 Shah Alam, Selangor. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through certified mail.
If you and Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and Company agree that the Dispute will be resolved solely by binding arbitration in accordance with the then-current Asian International Arbitration Centre Arbitration Rules (“AIACAR”). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AIACAR’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis, and will issue a reasoned decision. If a party properly submits the Dispute to the AIACAR for arbitration and the AIACAR is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AIACAR and JAMS procedures, rules, and fee information as follows: http://www.adr.org http://www.jamsadr.com
(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section 6. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the country of residence or Malaysia at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.
(ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.
C. Injunctive Relief. The foregoing provisions of this Section 6 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services (including, but not limited to, claims related to patent, copyright, trademark, and trade secrets, and claims relating to the access or retrieval of data through the Services, including through any specific functionalities of our products and/or services, using an automated process such as scraping).
D. Timing of Claim. To help resolve any issues between you and us promptly and directly, you and Company agree that any Dispute Notice must be sent, or that any small claims or injunctive relief complaint permitted under this Section 6 must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.
E. No Class Actions. You and Company agree that any Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
5. Disclaimer of Representations and Warranties.
A. You understand and agree that the service is provided “as is” and “as available”, and to the extent permitted by law, without express or implied warranty or condition of any kind.
B. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
C. To the fullest extent permitted by applicable law, Ever AI Technologies make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
D. Ever AI Technologies makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, virus free or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any documents, products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
E. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the websites or otherwise any advice or information provided to you by us.
F. Nothing in this agreement is intended to exclude, restrict or modify any statutory guarantees or statutory warranties which apply and cannot be excluded, restricted or modified.
G. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
6. Limitations of Liability.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The Site; The company does not charge fees for you to access and use the site and content pursuant to these terms and conditions. As consideration for your free access and use of the site and content pursuant to these terms and conditions, you further agree that the company will not be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business, loss of profits or the like) arising out of or relating to this terms and conditions, including without limitation, your use or inability to use the site, platform, matching services, content, proprietary information, or any interruption or disruption of such use, even if the company has been advised of the possibility of such damages and regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise). The aggregate liability of the company with regard to this terms and conditions will be Nil.
The Services; Arising from or in connection with; Any act or omission of a third party; The use or the inability to use the service; Delays to, interruptions of or cessation of transmission to or from the service; Errors or omissions in any information or instructions provided to us by you in connection with the service; Any bugs, viruses, trojan horses, or malicious software that may be transmitted to or through our service by any third party; Any actions taken by us at your direction; Any errors or omissions in any transcripts or captions we provide you, or any of the information we provide on the websites; Hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein; Any breach of these terms by you; Any other matter relating to the services.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
7. Infringement Policy and Reporting Procedure.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), our designated agent to receive notices of copyright infringement is Cristobal Viedma, who may be reached via this form https://www.ever-technologies.com/contact-ever-technologies, or by postal mail at Ever AI Technologies, 12, Jalan Anggerik Aranda 31/170C, Kota Kemuning, 40460 Shah Alam, Selangor. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.
8. Third Party Websites.
Our Website may contain links to sites and resources on the Internet that are not owned or operated by Ever AI Technologies and its related companies. We do not endorse or approve the information, graphics or material on these third party websites. You further acknowledge and agree that Ever AI Technologies will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ever AI Technologies is not liable for any loss or claim that you may have against any such third party.
9. General Provisions.
A. Notification Procedures. We may provide notifications to you via email notice, written or hard copy` notice, or through posting of such notice on our Website, as determined by Ever AI Technologies in our sole discretion. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
B. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. Operation of Services; International Issues. We control and operate the Services from Malaysia. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
D. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us because we drafted them.
E. Assignment. We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.
F. No Waiver. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
G. Entire Agreement. These Terms constitute the entire agreement and understanding between Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, these Terms shall take precedence.
H. Contact Us. If you have any questions or concerns with respect to these Terms or the Services, you may contact us through the following URL: https://www.ever-technologies.com/contact-ever-technologies.
Ever AI Technologies is a subsidiary company of Ever AI Holdings Sdn Bhd (202101007346 (1407645-D)