Terms of Use

INTRODUCTION

“LLC COXIT (EDRPOU code: 43299209, legal address: 64A Kulparkivska street, apartment 902, Lviv, Lviv region, 79015, Ukraine) &  COXIT Corp. (EIN: 32-0757448, legal address: 1611 E 2ND Street STE 26, Casper, Wyoming, 82601, USA)” (hereinafter collectively – the “Team”, “We”, “Our” and “Us”) offers to natural person, corporate or unincorporated body (whether or not having separate legal personality) (collectively, “You” or “Your”) the services listed below under the section “OUR SERVICES” (hereinafter – the “Services”).

These Terms of Use (hereinafter – the “Terms”) govern Your use of Our Services, which are currently available at https://www.coxit.co/ (hereinafter – the “Website”). We are the owner and operator of the Website.

In order to use Our Services, You must agree to all the Terms set forth below, without any objections or modifications to the Terms or to any operating rules and policies. By accepting these Terms, You also must agree with Our the Privacy Policy, available at https://www.coxit.co/privacy-policy/. Please read Our Privacy Policy to know what data We collect, process, use, and share about You and the lawfulness of such Our actions.

You automatically agree to these Terms: (i.) by providing your personal consent through a pop-up questionnaire (by clicking the “Accept” button) on our Website upon Your initial visit, or on any repeat visit if you have made appropriate settings in Your web browser regarding the setting of “Cookie Files” and visiting Our Website repeatedly, and/or (ii.) through Registration on Our Website (as described below), and/or (iii.) when You interact with our Website (including by filling out the “Book a call” form, available at Our Website).

Note: By using Our Services, You agree, on behalf of yourself and all members of Your household and others who use any Service under Your registration number (account), to be bound by all of these Terms. Please read these Terms carefully before accessing or using Our Services. If You do not agree to the Terms and Our policies, You may not access or use Services.

OUR SERVICES

We offer the following range of “Services” such as: Software Development, Team Expansion, ML/AI Development or other customized business services. If You are interested in receiving Our Services, please contact Us in the manner described above or write to Us at [email protected]. In such case, We will set forth the details of such Services in a separate cooperation agreement (i.e., master service agreement and its annex(es), partnership agreement, etc.), and We reserve the right to offer You any of Our Services on individual terms.

Note: Our Services are intended exclusively for persons over 18 years of age, except if a parent or guardian of a person under the age of 18 gives that person written permission to allow them to use Our Services, subject to the provisions of Our Privacy Policy. If We discover that such person under 18 years of age is using Our Services, We will take all appropriate steps to prohibit such person from using Our Services and notify such person under 18 years of age via email that such person needs to provide Us with written permission from such person’s parent or guardian in order to continue using Our Services (if We have the person’s email address).

PAYMENTS FOR OUR SERVICES

All payments (including the arrangements for making them) for Our Services are made solely on the basis of a mutually agreed upon signed cooperation agreement between You and Us, i.e., We do not charge You any amount through Our Website.

NON-PAID FEES

In the event of non-payment, or delay in payment of more than n-number of banking days (the number of days is determined in the cooperation agreement between You and Us), We reserve the right to: (1) declare all amounts owed to Us to be overdue and subject to immediate payment, and/or (2)  immediately suspend the provision of the Services until the debt is paid in full.

Note: If You do not have any debts to Us in the course of cooperation between Us, Our Services are provided for the entire agreed period, except for force majeure and/or when You request Us to temporarily suspend the provision of Services, in which case such events are managed on the basis of the agreed terms of the cooperation agreement.

TERMINATION AND SUSPENSION OF OUR SERVICES

Termination and suspension of the use of Our Services is carried out: (1) by Us when Your actions endanger the reputation of Our Company, or You have committed other violations of the Terms (We reserve the right to decide whether Your actions constitute a violation), or (2) when You have not paid part or all of the cost of Our Services, or (3) when You request Us (by writing to Us at [email protected]) to temporarily suspend the Services with a written explanation of the reason for such action, or (4) when You request to terminate the cooperation agreement, either by Us or by mutual agreement.

Note: Full termination of business relations between You and Us, subject to the existence of a cooperation agreement, occurs if You do not have any debts to Us. If there is, we will terminate Our cooperation only after You pay it.

YOUR OBLIGATIONS WHILE USING OUR SERVICES

You are prohibited from: (i) attempting to gain unauthorized access to the Services; (ii) use the results of Our Services, in whole or in part, for fraudulent activities, distribution of malware or behavior that harms Us and/or third parties; (ііі) using a robot, spider, other automated device or manual process to monitor or copy any content from the Website and/or non-paid results of the Services, and (iv) other terms and conditions specified in the cooperation agreement.

Note: You are required to adhere to the following mandatory guidelines regarding the use of Our name and/or logo, if you have received Our permission for marketing activities outside of Our Website (i.e., outside of Our Services): (i.) always use the name “COXIT” correctly and do not alter its spelling in any manner, (ii.) use the logo in its original form without altering its color, size, or proportions, (iii.) use the name and/or logo only in a positive context, and ensure that they do not imply any form of sponsorship or endorsement, and (iv.) do not use the name or logo in any misleading, offensive, or unlawful context.

INTELLECTUAL PROPERTY

The Website, Website content, and other components are Our property, including the software, infrastructure, databases, and all types of content (texts, images, visual effects, music, logos, brands, etc.) used by Us or owned by their respective licensors. These elements are protected by applicable intellectual property rights or the rights of database owners. We retain ownership of Our technology and all associated intellectual property rights, and You confirm that You have the rights, consent, and permissions to receive and use the results of Our Services and are solely responsible (including financially) for ensuring that it complies with applicable laws and third-party rights.

Note: The entire Website, its content and other components are owned by Us, its licensors and are protected by copyright, trade secrets, patents, and other intellectual property laws. You may not modify, publish, transmit, sell, or create derivative works/services (i.e., any component or all of Our Website and/or partial or complete unpaid deliverables of the Services, etc.) for any commercial or non-commercial purpose, without Our express written permission upon Your written request. If You violate this section, we reserve the right to apply the “DISPUTE RESOLUTION” section of these Terms or the terms set forth in the applicable cooperative agreement.

THIRD-PARTY LINKS

Our Website may contain links to third-party websites and services that are not owned and/or controlled by Us. We have no control over, and assume no responsibility (including financially) for, the content, privacy policies, terms of use, and practices of any third-party websites and services.

You acknowledge and agree that We shall not be responsible (including financially) or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, and services available on or through third-party websites and services. In no event will We be obliged to become involved in any dispute between You and another user or between You and a third party. You release Us from any claims related to such disputes and from any involvement in legal proceedings.

Note: These Terms are between You and Us only and do not apply to Your relationship with any third party. Therefore, We strongly advise You to read the terms and conditions and privacy policies of any third-party websites and services You visit.

USE POLICIES

In addition to the above mandatory provisions of Our Terms of Service, as set forth in each section thereof, You agree that the implementation of Our Services requires a connection to the Internet and that the quality of Our Services depends on this connection, for which We are not responsible.

You may not assign, transfer or delegate these Terms, or any of Your rights or obligations under these Terms, in whole or in part, without Our prior written consent. Attempts to do so without such approval will be null and void.

If You use Our Services in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your Services without notice or to seek legal action to protect Our interests.

You indemnify Us against any claims and/or actions that may be brought against Us as a result of Your breach of Your obligations. You will refund Us any losses incurred and reimburse Us for any damages We may incur as a result of Your breach of Your obligations.

Note: Unauthorized use of email addresses or impersonation is strictly prohibited. If you are using the Services on behalf of another person or entity, You must be authorized to accept these Terms on their behalf.

OUR OBLIGATIONS

We make every effort to provide You with quality Services. For this purpose, We regularly improve Our qualifications, use licensed software, etc.

However, We are not responsible for any difficulties or temporary impossibility of access to Our Services due to, but not limited to including partial or complete failure of Your servers, or failure of equipment, cables, services, or networks that are not part of Our Services or that are not under Our responsibility, or interruption of the Services by telecommunications operators or Internet providers, or Your intervention, including due to incorrect configuration applied to the Services, or force majeure, etc.

We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Services, to detect and prevent malicious acts, and to recover data.

We may use contractors in the performance of the Services, who are subject to the same obligations as Us in providing the Services to You.

We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship, without Your consent. We will inform You of any such substitution by any written means.

We reserve the right to monitor, review and moderate any content on the Website to ensure compliance with applicable law. We may remove, edit or block any content on the Website that violates these Terms or is otherwise harmful or objectionable.

DISCLAIMER

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Although We maintain operational and technological security standards, We cannot guarantee complete protection against errors. You use the Website solely at Your own risk, for which We are not responsible (including financial). You are solely responsible for ensuring that any use of information or materials available on the Website meets Your specific requirements. We shall not be liable (including financial) for any direct, indirect or consequential damages that You may suffer by using the Website (including materials published on the Website) and/or accepting part or all of the results of Our Services under the cooperation agreement signed between You and Us.

The information published on the Website has been checked for accuracy and reliability, and the materials on the Website are provided for general information and do not constitute professional advice. For information on specific issues of interest to You, please contact Us by any method through Our Website.

LIMITATION OF LIABILITY

In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your use of any results of Our Services; (ii) any conduct or content of any third party on the Services accepted by You; and (iii) unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You are aware and agree to indemnify and hold Us and Our affiliates and their employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, claims or expenses, damages and costs, arising or resulting from Your use of any or all of the Website content, Your acceptance of any results of the Services, and any violation of these Terms and/or the terms of a cooperative agreement.

In no event shall We be liable (including financially) for any direct, indirect, special, or consequential damages, or any other damages whatsoever, for any use of or reliance on the Website, or any linked or referenced website, including, without limitation, any lost opportunity, lost profits, business interruption, loss of programs or data, even if expressly advised or otherwise aware of the possibility of such damages, whether in an action of contract, negligence, tort, or otherwise.

DISPUTE RESOLUTION

All misunderstandings are negotiated between You and Us (hereinafter – the “Parties”) within a reasonable period of time. In case of disagreement, the dispute must be resolved in accordance with the following arbitration clause:

1. Any dispute, controversy, or claim arising out of Agreement or in connection with this Agreement, including the conclusion, interpretation, performance, breach, termination or its invalidity, shall be settled by International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.
2. In all issues, the substantive law of the United Kingdom and Wales shall be applied.
3. The number of arbitrators shall be one: a claimant Party must appoint an arbitrator.
4. The Parties agree that the place of arbitration shall be Kyiv, Ukraine.
5. The Parties agree that the language to be used in the arbitration shall be English.

Note: The provisions of these Terms are a complete defense to any claim (including a collective claim), action or proceeding brought in any federal, state or local court or in any administrative court with respect to any claim or dispute arising out of or related to these Terms and may only be resolved by arbitration as provided in these Terms. 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.

CHANGES

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide a notice before any new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Services after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must send a notice to terminate Your use of the Services.

These Terms are written in English, and if You use a web browser translator or any other translation tool, We are not responsible for the accuracy and quality of such translation.

CONTACT US

In order to resolve a complaint about the Services or to obtain additional information regarding use of the Services, please contact Us by sending an email to [email protected] or [email protected].