TERMS AND CONDITIONS
These terms and conditions are effective as of October 16, 2022
These Terms are a legally binding contract between you and Ever AI Holdings Sdn Bhd regarding your use of the Service. By using or accessing any part of the Service, You agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, You must not use or access the Service. If you are entering into these terms and conditions on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of these terms and conditions.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Table of Contents
Description of Services
Restriction on use of services
Termination of services
No warranty and disclaimer
Limitation of Liability
Submissions of feedback
1. Description of Services.
Ever AI Holdings Sdn Bhd provides a software as a web service, also referred to as no-code service, named Ever AI (hereinafter referred as “Service” or “Services”). The Service is offered and provided subject to these terms and conditions. The Customer shall connect to the Service using any internet browser by the Service. The Customer is responsible for obtaining access to the internet and the equipment necessary to access the service.
2. Restriction on use of services.
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission from our party to do so:
A. access or tamper with the Ever AI Services, Ever AI’s computer systems, or the technical delivery systems of Ever AI's providers;
B. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
C. access or search the Ever AI Services by any means other than Ever AI's publicly supported interfaces;
D. attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources;
E. or interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Ever AI’s Services , or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Ever AI;
F. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Ever AI;
G. use Ever AI in a manner inconsistent with any applicable laws or regulations;
H. publishing or posting of other people’s private or personal information without their express authorization and permission;
I. publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer.
3. Subscription plans
A. A free trial is offered without the need for payment details such as credit card, debit card and online banking.
B. To continue using the Services after the free trial period, aside from FREE FOREVER PLAN, you must begin a paid subscription which requires a valid payment details.
C. At any time and without notice, Ever AI reserves the right to (a) modify the terms and conditions of any Free Forever Plan or Free Trial offer; (b) cancel any Free Forever Plan or Free Trial offer; or (c) cancel any Free Forever Plan or Free Trial subscription at any time.
D. The Service is billed on a monthly and/or annual basis. In both cases, the amount billed is non-refundable. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
E. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current term.
F. Information on the subscription options and charges for all plans is available in the pricing page of our website (https://www.ever-technologies.com/ever-ai).
G. Ever AI reserves the right to change the subscription fee from time to time and Ever AI will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
H. In case of non-payment for any reason or any violation of these terms, Ever AI may result in the suspension or cancellation of your account and your access to the Service will be barred.
4. Termination of services.
A. We reserve the right to suspend or terminate your access to the Ever AI Services at any time if, in our sole discretion, you are in violation of these Terms. You understand that if your account is suspended or terminated, you may no longer have access to the User Content that is stored in the Ever AI.
B. Any termination of this Agreement shall not affect Ever AI's rights to any payments due to it. Ever AI may terminate a free account at any time. Upon termination, you may request access to your User Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Restriction on Use of Service terms in Section 2. You must make such a request within 30 days following termination otherwise, any User Content you have stored with the Ever AI Services may not be retrievable and we will have no obligation to maintain User Content stored in your account after this 30-day period.
A. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of Ever AI with whom you connected via the Services.
B. Ever AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
6. No warranty and disclaimer.
A. EVER AI, WHETHER PROVIDED BY EVER AI, ITS LICENSORS OR ITS VENDORS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE EVER AI SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. SPECIFICALLY, BUT WITHOUT LIMITATION, EVER AI DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) EVER AI SERVICES OR THE SERVER(S) THAT MAKE EVER AI AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability.
A. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVER AI OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. EVEN IF EVER AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
B. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
8. Submission of feedback.
Under certain circumstances, we might ask your feedback or ideas as to their experiences with our Services including with specific functionalities of our products and/or services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas, and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.
9. General Provisions.
A. Third parties. Ever AI will have the right to use third parties, including, but not limited to, employees of Service Provider’s affiliates and subsidiaries (“Subcontractors”) in performance of its obligations and services hereunder and, for purposes of Ever AI Terms and Conditions, all references to us or the employees will be deemed to include such Subcontractors.
B. Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
C. Communications. The communications between you and Ever AI use electronic means, whether you use the Services or send us emails, or whether Ever AI posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Ever AI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ever AI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
D. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between Company concerning the subject matter of the terms and conditions and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These terms and conditions 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 the terms and conditions, these terms and conditions shall take precedence.
E. Governing Law. These terms and conditions are governed by the substantive and procedural laws of Malaysia, and both parties agree to submit to the exclusive jurisdiction of, and venue in, the courts in Kuala Lumpur in any dispute arising out of or relating to these terms and conditions.
F. 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.