Last updated: 1 October 2022
Welcome to the CaspianDB Website and Platform. These Terms of Use (“Terms” or “Agreement”) provided by CaspianDB Inc. (“CaspianDB”, “we” or “us”) corporation registered in 800 North State Street Suite 403 Dover, DE 19901. These Terms are a legal contract that governs your use of and access to our website at caspiandb.com (referred to in these Terms as the “Website”), CaspianDB data platform accessible via caspiandb.io (referred to in these Terms as the “Platform”) and all the text, data, information, software, graphics, logos, photographs, applications, services, tools and features, that CaspianDB may make available to you on the Website and Platform.
Please read these Terms carefully, as they include important information about your legal rights.
By using or accessing the Services and the Platform, you are agreeing to these Terms. For purposes of these Terms, the terms “Customer”, “you” and “your” mean you as the user of the Services. If you use the Services and the Platform on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
These Terms shall become effective as of the date you accept the Terms hereof by completing your invitation request form at http://www.caspiandb.io/ to join the Platform, accepting an invitation to join the Platform or signing in to the Platform and Services.
The Services and the Platform are to be used solely for business purposes, i.e. to professional Customers and intended for their professional or business activity, but not for any personal or family use. If you do not agree to all of the Terms, you may not access or use the Services.
1.1. CaspianDB provides its Customers with a service of next generation data management Platform adjustable to the needs of any organization and grants an access to it on the terms stated herein (“Services”).
1.2. You must be 18 years of age or older to use our Services and Platform. Children under the age of 18 are not permitted to use the Services and Platform. By using the Services and Platform, you represent and warrant that you meet all of these requirements.
1.3. The Services and Platform are provided to the Customers and Users within the Beta test on the free of charge basis. No payment is required for the access to the Platform within Beta test. All the additional services to be provided by CaspianDB to you might be provided for a fee, please contact us info@caspiandb.com to know more.
1.4. THIS IS A BETA TEST. THIS BETA TEST MAY CONTAIN ONE OR MORE BETA SERVICES (THE "SERVICES") PROVIDED BY CASPIANDB. BY REQUESTING A DEMO AND AGREEING TO PARTICIPATE IN THE BETA TEST YOU UNDERSTAND THAT IT MAY BE CANCELED AT ANY TIME FOR ANY OR NO REASON, IN OUR SOLE DISCRETION, WITHOUT ADVANCE NOTICE OR LIABILITY TO CASPIANDB.
2.1 Creating and Safeguarding your Account. To use our Services and Platform, you need to create an account (“Account”) associated with a valid e-mail address. You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@caspiandb.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
2.2 To create an Account on the Platform you have to fill in the Request Demo form where fill in the following data: your Full Name, Business Email, Phone Number, Company Name and Job Title. After that you might receive an introduction call from the CaspianDB team. Upon CaspianDB team approves invitation you will receive an invitation email with the sigh-up details and link to the following Account settlement process.
2.3. Users can also be invited to join the Platform by the Administrators of Organization. In such a case Users shall provide accurate and complete information requested during the signup process, which includes: Full Name, Business Email, Phone number with a country code (optional) and also create a unique password to your Account and confirm it.
2.3. Users can also be invited to join the Platform by the Administrators of Organization. In such a case Users shall provide accurate and complete information requested during the signup process, which includes: Full Name, Business Email, Phone number with a country code (optional) and also create a unique password to your Account and confirm it.
2.4. Upon sign up process, Customer shall provide accurate and complete information requested in the registration form, which includes: Full Name, Business Email, Phone number with a country code (optional). Here you should create a unique password to your Account and confirm it.
2.5. Should Customer provide inaccurate information or should we have reason to believe that any information provided by Customer is incomplete or inaccurate, CaspianDB may, as it sees fit, block or delete Customer's account or deny Customer access to the Services and will inform Customer about any such action and the reasons for it by sending an e-mail to the e-mail address registered by Customer.
2.6. Upon successful registration of the Account Customer may accomplish the following sign in with his login (email) and password or using Google Accounts.
2.7. Using the Services Customer may create an organization and clusters, operate the data within them or delete them.
2.8. Creation of Organization. Within their own Account Customer can create a specific separate database directory for specific purposes (“Organization”). The following information of Organization should be filled in by the Customer: Organization Name, Organization Phone (optional), Organization email, Purpose of the Use (choose from the predefined list). Upon creation of an Organization such Customer Account is labeled an Organization Administrator. Administrators can invite users into their Organization (“Users”), create User Accounts for such Users, appoint additional Organization Administrators, create clusters within Organization etc.
2.9. Creation of the Cluster. A cluster is a specific database directory within an Organization, which can be created via a specific wizard by the Administrator (“Cluster”). After that, any data can be loaded to the Cluster by the Administrator. Different storage types can be used: you can store your data either within the Platform facilities or use your own AWS S3 storage, which can be linked to the Platform in your Account settings.
2.10. Deletion of Data. Cluster can be deleted by the Administrator. In this case, all the Cluster’s data will be deleted immediately and completely. Organization Administrator can delete Organization (and all related Clusters and objects) in order to stop using Services with CaspianDB. Deletion of the organization is confirmed by using the "DELETE" button in Customer Account. After confirmation of the Organization deletion, the Customer has two (2) weeks to restore all the information via a request to support: support@caspiandb.com In such a case the Customer receives an email with all the details about the Organization and all the details on how to restore data.
2.11. Deletion of Account. The Account can be deleted by CaspianDB due to the request of the Customer or User to support: support@caspiandb.com or in case of any severe breach by the terms hereof by such Customer or User. After confirmation of the Account deletion the Customer has two (2) weeks to restore all the information via a request to support: support@caspiandb.com. In such a case the Customer receives an email with all the details about theAccount and all the details on how to restore data.
3.1 Our Privacy Statement describes how we handle the information you provide to us when you use our Website and Services. For an explanation of our privacy practices, please visit the Privacy Statement.
3.2 We are committed to protecting your privacy. Authorized employees within CaspianDB on a need-to-know basis only use any information collected from individuals. We constantly review our systems and data to ensure the best possible service to you. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
3.3. CaspianDB processes data provided by Customer and/or User when signing up and logging in to Account and other Customer and/or User personal data for the purposes described in its Privacy Statement, availabe at Privacy Statement. The Privacy Statement does not apply to your Content. Customers shall inform its employees and agents of such processing of their personal data by CaspianDB and shall provide them with all information necessary in order to ensure that CaspianDB complies with its notice obligations under applicable data protection and privacy laws.
3.4. Except for the data processed as described in Section 3.3, CaspianDB acts as data processor on behalf of Customer. If, when using the Services, Customer and/or User places the personal data of third parties in its Content, including personal data of the Customer's employees, Customer shall be responsible for ensuring that such personal data has been collected, processed and transferred to CaspianDB in compliance with applicable data protection and privacy laws. Such compliance may require providing a notice to the affected data subjects or obtaining their consent prior to disclosure of their personal data on CaspianDB Services.
3.5. To the extent that CaspianDB acts as a data processor, you agree that the Data Processing Addendum will apply to you, as set forth here: Data Processing Agreement
3.6. CaspianDB will not access or use Customer's Content except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body. We will not disclose your Content to any government or third party unless this would violate the law or a binding order of a governmental body. We will give you notice of any legal requirement or order referred to in this Section 3.
4.1 License Grant. Subject to your compliance with these Terms, CaspianDB hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below
4.2 Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:
a.
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
b.
duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
c.
use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
d.
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
e.
use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Services or use any device, software or routine that causes the same;
f.
attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
g.
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
h.
use any robot, spider, crawlers or other automatic device, process, software or queries that intercept, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
i.
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
j.
use the Services for illegal, harassing, unethical, or disruptive purposes;
k.
violate any applicable law or regulation in connection with your use of the Services;
l.
use the Services in any way not expressly permitted by these Terms.
4.3. CaspianDB shall have the following obligation:
4.3.1. provide Customer with a level of support services sufficient for Beta Test access;
4.3.2. not disclose Customer's data without authorization to any third parties for such third parties` own purposes, unless the obligation to provide such data is stipulated by applicable law or governmental regulation or approved by Customer under this Terms or in writing;
4.3.3. notify Customer by e-mail of all data incidents which put Customer`s user data at risk, except as otherwise stipulated by applicable law;
4.3.4. not use Customer`s data and Customer`s Content for purposes outside the scope of this Terms and/or in violation of applicable law.
4.4. CaspianDB shall have the following rights:
4.4.1. set and change the limits for usage of the Services and impose other modifications and limitations on use of the Services;
4.4.2. take preventive measures for the Service maintenance that result in temporary interruptions in operation of the Services to the extent permitted by the Terms hereof, subject to prior notification of Customer;
4.4.3. request Customer to provide additional information and/or documents confirming the reliability of the details provided when Customer signed up for the Service. CaspianDB may suspend Customer's access to the Services if Customer fails to provide the requested information within 7 days of the request date;
4.4.4. engage third parties to provide the Services while remaining responsible for their actions, subject to further conditions set forth in the Data Processing Addendum.
4.4.5. limit or block access to Customer`s Content or suspend Customer`s access to a certain Service.
4.5. Account Suspension We may suspend or limit Customer's or any of the right above or use any portion or all of the Services immediately upon giving notice to Customer in the following cases:
a.
Customer's use of the Services
(I) poses a security risk to the Service or any third party,
(II) could adversely impact the Services or the systems or Content of any other Customer,
(III) could expose CaspianDB, our customers or any third party to liability, or (iv) could be fraudulent; or
b.
Customer is in breach of this Terms; or
c.
Customer has ceased to operate in the ordinary course of business, has made an assignment for the benefit of creditors or similar disposition of its assets, or has become the subject of bankruptcy, reorganization, liquidation, dissolution or similar proceedings, or any such proceedings have been rejected by the competent authority due to lack of assets;
d.
CaspianDB becomes obligated to do so by virtue of law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process;
e.
breach of warranties and representations by Customer;
f.
upon receipt from a third party any allegation, complaint, claim, inquiry, demand or any other request stating that Customer's Content infringed a third party's rights or applicable law;
g.
where Customer`s Content jeopardizes normal operation of the Services.
4.6. Effect of Suspension. If we suspend your right to access or use any portion or all of the Services you will not be entitled to any kind of compensation for any period of suspension.
5.1 Ownership of the Services. The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that CaspianDB owns all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than your content), including, without limitation, the exclusive right to create derivative works.
5.2 Ownership of Trademarks. The CaspianDB’s name, terms and all related names, logos, product and service names, designs and slogans are trademarks of CaspianDB or its licensors, other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5.3 Notice of Infringement – DMCA Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
a.
dentification of the copyrighted work that is claimed to be infringed;
b.
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service
c.
information for our copyright agent to contact you, such as an address, telephone number and e-mail address
d.
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e.
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f.
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: 800 North State Street Suite 403 Dover, DE 19901 United States; or by e-mail to info@caspiandb.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
6.1 Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
7.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, CaspianDB, its officers, directors, employees, agents, representatives, partners and licensors DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CaspianDB makes no warranty or representation and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained through the Services, will create any warranty or representation not expressly made herein.
7.2. Customer’s Warranties. Customer warrants, represents and undertakes that:
a.
all details provided by Customer when it signed up to the Service are accurate, complete, and reliable;
b.
Customer has reviewed and accepts all the limitations and guides on how to use the Services and undertakes to comply with them;
c.
Customer has provided all necessary notices, made all necessary registrations and secured all the necessary consents of third parties and legally holds all the necessary rights to information and Content;
d.
Customer is not subject to any sanctions of the European Union, the United States or the United Nations;
e.
Customer or its licensors own all rights, titles, and interests in and to Customer`s Content;
f.
Customer meets the requirements of applicable law in its activities;
g.
Customer shall comply with all applicable trade, economic, and financial laws and regulations, including those administered and enforced by Switzerland, the United States, the European Union and relevant Member States, the United Nations Security Council, and any other government bodies with jurisdiction relevant to this Agreement (collectively, "Sanctions");
h.
Neither it nor its subsidiaries, nor their respective directors, officers, employees or affiliates is located in, or is a resident or national of, any country that is subject to an export embargo, nor is identified on any Sanctions lists, nor is owned or, where relevant under Sanctions, controlled by the same.
i.
It will not, directly or indirectly, engage in any unauthorized business or dealings with any persons under Sanctions or otherwise engage in any activities prohibited by Sanctions. It shall promptly notify CaspianDB of the occurrence of any fact or event that would render any representation or warranty in this Section incorrect or misleading.
We may immediately terminate Customer’s Account in case of any breach of any representation or warranty in this Section 7 or if we reasonably determine that it cannot perform its obligations hereunder due to Sanctions-related prohibitions.
In the event that, after accepting the Terms, Customer has reasonable grounds to believe that any of the foregoing warranties and representations may no longer be true or have been breached, Customer shall immediately notify CaspianDB in writing.
7.3. Modification. CaspianDB may unilaterally modify the Terms hereof. We will notify Customer via Customer Account or by sending an e-mail to the e-mail address registered by Customer at least 5 (five) days prior to any modifications hereto, including pricing, becoming effective, except where the changes apply to new technical functionalities of the Services or new Services which CaspianDB is generally always entitled to introduce and which shall become effective immediately upon posting on the Website, without prior notification. If Customer does not agree with any modifications hereto, they may terminate the Account by sending a written notice of termination via email to info@caspiandb.com within 5 (five) days from the effective date of notice from CaspianDB. After the expiry of 5 (five) days without such termination notice, such absence of termination notice will be deemed acceptance of the modified terms by Customer.
7.4 Indemnification. By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold CaspianDB harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; or (d) your negligence or willful misconduct.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL CASPIANDB BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CASPIANDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. CASPIANDB’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.1. The laws of the United States govern these terms and conditions. By accessing this Website and using our Services you consent to these Terms and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
9.2. Confidentiality The records are regarded as confidential and therefore will not be divulged to any third party, other than our employees, and if legally required to do so to the appropriate authorities. You have the right to request sight of, and copies of any and all your Account records we keep, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue the appropriate written information, handouts, or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by CaspianDB will only be in connection with the provision of agreed services and your subscriptions.
10.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms
10.2 Termination of License and Your Account. If you breach any part hereof, all licenses granted by CaspianDB will terminate automatically. Additionally, we may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If CaspianDB deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, CaspianDB may, but is not obligated to, delete any of your content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of our other rights or remedies at law or in equity.
10.3. Storage upon suspension and termination. The period for retention and complete deleting information and Content in cases where Customer access to the Services is suspended and the Agreement is terminated shall be 14 (fourteen) days from the date Customer's access to the Services is suspended due to Customer's noncompliance with the Terms.
10.4. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to CaspianDB for which monetary damages would not be an adequate remedy and CaspianDB shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.5. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.6. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or data provided by CaspianDB hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, (с) to Russian Federation and Belorussia or any entity incorporated, registered, operated or founded by the residents or citizen of these countries. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
10.7. Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
10.8. Independent Parties. CaspianDB is an independent contractor and not your agent in the performance of this Terms. There are no third-party beneficiaries (except the indemnitees referenced herein).
10.9. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Website and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms.
10.10. Force Majeure. CaspianDB will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
10.11. Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
10.12. Assignment. These Terms and the licenses granted hereunder may be assigned by CaspianDB but may not be assigned by you without the prior express written consent of CaspianDB.
10.13. Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.
10.14 Governing Law. The Terms are governed by the laws of the State of Delaware except for its conflict of laws principles.
10.15. How to Contact Us. All notices to CaspianDB must be delivered in writing by courier, certified or registered mail (postage prepaid and return receipt requested), electronic mail, or as otherwise specified by CaspianDB. Legal notices to CaspianDB must be sent to info@caspiandb.com with a copy to 800 North State Street Suite 403 Dover, DE 19901 USA. Attn: Mr. Camuel Gilyadov. Notices to users will be sent to the Account email address on file and/or posted on the Website and are deemed effective when sent or posted.
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