Axitech Terms of Service

1. Introduction

Last Updated: November 6th, 2022

Please read these Terms carefully before using or accessing our Services. 

These Terms of Service (“Terms of Service,” “Terms,” or “ToS”) govern the relationship between you and Axitech (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, “Axitech” or “we” or “us”) regarding your access to and use of Axitech’s web applications, websites, content, products, and any related services (collectively the “Services” as further defined in the Services Section). 

NO LIABILITY FOR THE PROVISION OF THESE SERVICES IS ACCEPTED, NOR IS ANY LIABILITY ACCEPTED FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY; this includes but is not limited to acceptance of liability to supply Services as a result of: 

  • Anything blocking your line of vision; 
  • Your driving; 
  • Equipment not detecting an accident, or any SOS functionality not working;
  • Data not being received; 
  • Emergency services not attending; 
  • Your phone not being switched on and having battery life, no network coverage, Bluetooth not being enabled, or any other pre-specified requirement for the provision of Axitech crash management product and services not being enabled. 

When you use or access our Services in any capacity, you represent that you are at least 17 years old (or at least 16, if you reside in the EU) and that you understand and agree to these Terms. If you are under the age of 18, you agree that you have gotten permission from a parent or guardian to use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms. 

Our collection and use of personal information in connection with the Services is described in our Privacy Notice, which is incorporated by reference into these Terms. 

We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate. 

This is a legally binding agreement, and you should read it carefully. By using, or accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not use, or otherwise access our Services. Use of the Services is void where prohibited. 

IMPORTANT NOTICE: For US and Canadian users, disputes with Axitech must generally be resolved on an individual basis through final and binding arbitration. For more details, see the Arbitration Agreement in the Arbitration Section

2. Definitions

In these conditions the following words shall have the following meanings ascribed to them: 

  • “Agreement” means these terms and conditions and any schedules between the You and Axitech, also referred to as the “Party” or “Parties”; 
  • “App” means either a smartphone mobile application or a web application;
  • “Commencement Date” means the date of this Agreement; 
  • “Equipment” means any product, hardware, circuitry, microchip, semiconductor, software, Service, algorithms (or other items containing, using or dependent upon any of the foregoing) supplied by the Axitech under this Agreement (inclusive but not limited to Axitech crash management products and services); 
  • “Minimum Term of Service” means 1 month; 
  • “Service(s)” means the Services as described in the Services Section; 
  • “You” means the person, firm or organisation being supplied with Services by Axitech. 

3. Limited License

Subject to your agreement and your continued compliance with these Terms and all relevant Axitech policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal (i.e., non-commercial) purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Any rights not expressly granted herein are reserved by Axitech and its licensors. 

Any use of the Services in violation of the license restrictions contained in this Section is strictly prohibited. We reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to suspending or terminating access to the Services or any portion thereof. 

Restrictions

You will care for and operate the Equipment in accordance with Axitech’s instructions and only use it for the purposes for which it was designed. You shall not alter or attach anything to, repair, modify or adjust the Equipment or any part thereof; 

You shall use Equipment in compliance with all applicable laws and not for any unlawful purpose; 

You will indemnify, hold harmless, and defend Axitech, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your (mis)use of Axitech’s Services; 

The Equipment is copyrighted and protected under patent law. You shall not, nor attempt to, modify, reverse engineer, disassemble or decompile the Equipment. Nor can you create any derivative works or other works that are based upon or derived from the Equipment in whole or in part; 

Axitech’s names, logos and graphics that represent the Equipment shall not be used by you in any way. Axitech retains sole and exclusive ownership of all rights, titles and interest in and to the Equipment and all Intellectual Property rights relating thereto.

You specifically agree to the following license restrictions in connection with the Services: 

  • If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. 
  • You may not use our Services in any capacity if you are under 17 years old (or under 16 years old if you reside in the EU). 
  • If you have been previously banned from accessing our Services, you are prohibited from re accessing the Services. 
  • You are prohibited from using our Services for commercial purposes. 
  • You are prohibited from creating an Account on someone else’s behalf. 
  • You are prohibited from creating an Account using inaccurate or false information. 
  • You are prohibited from renting, selling, gifting, or giving away your Account or Account related information. 

You further agree that under no circumstance will you: 

  • Engage in acts that are inappropriate and/or in conflict with the intent of the Services or these Terms. 
  • Attempt to gain unauthorised access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services or related technology, devices, systems or networks. 
  • Engage in unlawful, abusive, threatening, obscene, defamatory, libellous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether transmitting such information through our Services, or by any other means (e.g., descriptions about a crash incident). 
  • Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), representatives, or affiliates of our Services 
  • Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
  • Scrape, harvest, or extract data from the Services. 
  • Seek to obtain advantage or information from our Services using methods not expressly permitted by Axitech. 
  • Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial-of-service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services. 
  • Create, use, bots, software, hacks or any unauthorised third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services. 
  • Impersonate another person, including without limitation any other end-user, or any Axitech employee, representative, or affiliate. 
  • Use our Services to violate any applicable law or regulation. 
  • Use our Services for any activities other than what is reasonably considered the common and usual activities associated with the Services for general entertainment. 

Access or Use of the Services Associated with Your Account

When you access or use the Services, you create an account with us (“Account”). In some cases, you may be asked to create a username and password (collectively known as “Login Information”). You are responsible for all use of the Services and activity related to your Account, including all requests, acceptance and declination of Services associated with that Account. 

You agree to maintain accurate, complete, and up-to-date information in your Account, and our Privacy Notice describes how you can keep your personal information up-to-date. It is your sole responsibility to maintain the confidentiality of your Login Information. You agree not to engage in any acts that may compromise the integrity, fair play and/or security of your Account, including but not limited to sharing Login Information or permitting unauthorised access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage. We will not be responsible to you for any losses or harm you may suffer because of an unauthorised person accessing your Account and/or using your Login Information in connection with our Services. 

You are solely responsible for your interactions with other representatives, or affiliates of our Services and any other parties with whom you interact through the Services. We reserve the right but have no obligation to become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, by granting us access to any password-protected portions of your Account as may be required. 

If you have a dispute with any other representatives or affiliates of our Services, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes. 

We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You may have only one Axitech Account per person on a properly supported device. 

Suspension and Termination of Account and Services

Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account and associated information and data. We are not and will not be held responsible for loss of any Account and associated information and data and are under no obligation to compensate you thereof. 

We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any service, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of these actions, or to provide you with any compensation, or any material or non material benefit for discontinued or terminated Services or losses resulting therefrom. 

You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform Axitech that you wish to close your Account by emailing [email protected] and requesting that your Account be closed. Your Account will be reviewed and subsequently closed but data related to your Account may still be retained by us in line with our Privacy Notice.

You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your services history, information uploaded and any other data associated with your Account). 

After the Minimum Term of Service, this Agreement shall continue in effect from year to year thereafter until terminated by either Party on 30 days written notice to expire on the anniversary of the Commencement Date. 

4. Services

Axitech (“we”, “us” and “our”) are terms which refer to companies which form part of Axitech Group Ltd, and are used in connection to the provision by Axitech and/or our business partners and service providers, of crash management products and services (collectively “Services”), which comprise of: 

  • Obtaining data relating to a motor accident, or other similar event, in order to provide a digitally managed post-collision experience. 
  • Summoning emergency services, vehicle towing, and other immediately required accident management services. 
  • Supplying on-going services including, but not limited to, vehicle hire, repairs and/or total loss, and injury solutions as appropriate. 

The Services and all rights, title and interest therein are and shall remain the property of Axitech or its licensors, and/or our business partners and service providers. This may include without limitation applications, software (including server software), websites, titles, intellectual property, documentation, information uploaded and Services appearing and/or originating in our Services, whether used or not used. Neither these Terms nor your use of the Services conveys or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference Axitech or its licensors’ company name(s), logos, product and service names, or marks. 

You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Axitech. 

You agree that Axitech may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Axitech crash management products and services. Axitech may also use this information to provide notices to you which may be of use or interest to you in addition to SMS text messages required in order to fulfil the Service. 

6. SMS Policy (“Texting Policy”)

This “Texting Policy” applies to your receipt of non-promotional, non-marketing text messaging by Axitech and, together with the other terms and conditions which apply, constitutes a legally binding agreement by which you agree to be bound. By using Axitech crash management products and services, you agree to this Texting Policy.

SMS text messages may be sent to users for the purpose of providing a link to launch them into the digitally managed post-collision web application experience. This may be required as a condition to utilise Axitech crash management products and services. 

Axitech is not responsible for any telecommunications carrier’s failure to uphold the integrity of their network, nor for any force majeure event beyond reasonable control which may prevent the provision of SMS text messaging. 

7. User Crash Information

We may permit you to submit, upload, transmit or otherwise make available to us materials, data, information, communications, photos, videos and sounds using our Services (“User Crash Information”). Your User Crash Information is used in conjunction with our Privacy Notice. 

However, once you make User Crash Information available, you thereby grant Axitech the right to broadcast, transmit and communicate to our business partners and service providers by telecommunication, display, enter into computer memory, and use or practice in any way, your User Crash Information thereof in connection with the Services without further notice to or consent from you except as prohibited by law. 

As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services, including but not limited to User Crash Information submitted in the web application/website. Please do not use these mediums to share or post information you wish to remain confidential, such as bank details. You represent, warrant, and affirm that your User Crash Information is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Crash Information, and that such User Crash Information is free of malware, viruses, adware, spyware or any malicious code. You agree not to submit and/or transmit any User Crash Information that is unlawful, tortious, defamatory, libellous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behaviour or for monitoring User Crash Information or conduct in connection with the Services. We may, but are not obligated to, review, monitor, reject, deny, or remove User Crash Information, at our sole discretion and at any time and for any reason, without notice to you. 

User Crash Information may be processed by us in accordance with our Privacy Notice. Please contact us if you have questions regarding your User Crash Information or Account by: emailing [email protected]. 

8. Confidentiality

Each Party undertakes to keep and maintain all confidential information (which term shall include all information marked or notified to the receiving Party as confidential or proprietary together with all information which would in the normal course of business be regarded as confidential or proprietary) in the strictest confidence and not to disclose such information to any third party without the prior written consent of the other; 

Each Party shall ensure that its users, employees and sub-contractors: –

  • shall only be given access to confidential information received from the other Party on a “need to know” basis for the purposes of this Agreement; 
  • shall have been made aware of the requirements of confidentiality set out in this Agreement; 
  • shall not cause or permit the confidential information to be disclosed to any third party. 

The provisions of this clause shall not prevent either Party from disclosing any information where it can demonstrate and document that such information: – 

  • was in its possession (with full right to disclose) prior to receiving it from the other Party; or 
  • is independently developed or received by it from a third party; or 
  • subsequently comes into the public domain other than by breach of this Agreement. 

The provisions of this clause shall apply throughout the full course of this Agreement and for five years thereafter. 

9. Updates to our Service

You understand that our Service is a developing and evolving one. Axitech may require that you accept updates to our Service. While Axitech will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Axitech may update our Service, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to receive our Service. 

10. Disclaimer of Warranties

THE SERVICE, INCLUDING THE PROVIDED EQUIPMENT, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE EQUIPMENT OR SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND AXITECH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, CONNECTIVITY, COMPLETENESS, CORRECTNESS OR RELIABILITY. AXITECH MAKES NO WARRANTY THAT; 

  • THE SERVICE OR EQUIPMENT WILL MEET YOUR REQUIREMENTS 
  • THE SERVICE OR EQUIPMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE 
  • (iii)THE RESULTS (SUCH AS COLLISION DETECTION DATA) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR EQUIPMENT WILL BE ACCURATE OR RELIABLE 
  • (iv)THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM AXITECH OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

IN PARTICULAR, ALTHOUGH AXITECH ENDEAVOURS TO ENSURE SUCCESSFUL DETECTION OF MOST COLLISIONS AND REQUESTS FOR ASSISTANCE, NOT ALL COLLISIONS AND ASSISTANCE REQUESTS MAY BE DETECTED AND AXITECH DOES NOT GUARANTEE THAT THE SERVICE OR EQUIPMENT WILL DETECT AND/OR REPORT ALL VEHICLE COLLISIONS AND/OR REQUESTS FOR ASSISTANCE OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED IN THE EVENT OF ANY COLLISION. 

AXITECH IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER, INCLUDING, BUT NOT LIMITED TO, NOT HAVING EQUIPMENT SWITCHED ON; OR OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS WE MAY CONTACT ON YOUR BEHALF; OR FOR THE SERVICE’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. 

FURTHERMORE, THE SERVICE DOES NOT GUARANTEE THAT USE OF THE EQUIPMENT OR SERVICES WILL RESULT IN VEHICLE COLLISION DETECTION BEING ACCURATE OR ERROR-FREE NOR DOES IT GUARANTEE, IN THE EVENT OF A MOTOR ACCIDENT, YOUR SAFETY AND WELL-BEING. 

THE SERVICE IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION SERVICE. 

YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE. 

11. Limitation of Liability and Indemnification

Limitation of Liability

Axitech will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Axitech has been advised of the possibility of such damages. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Axitech may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Axitech’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Axitech. This provision shall have no effect on the choice of law provision set forth below. 

Indemnification

You agree to indemnify, save, and hold Axitech, its affiliated companies, officers, directors, contractors, employees, agents, business partners, service providers, and licensors harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) any breach or violation of these Terms; (iii) our use of your User Crash Information; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Services. 

12. Dispute Resolution, Governing Law

Informal Dispute Resolution

If a dispute arises between you and us, we prefer an amicable resolution to protracted legal battles. To that end, we have created an informal dispute resolution program we believe can resolve most matters. Before initiating any arbitration or court proceeding, you must first exhaust these steps to resolution: 

Check the FAQ:

You can start your resolution process by reviewing our “Help/FAQ” Section for the applicable Services. Each “FAQ” Section is specific to each Service and addresses the most commonly asked questions or concerns users may have, so please start there. 

In-app support:

If our FAQs did not resolve the issue, please complete a help ticket in-app, and be sure to clearly state your issue in the ticket. All tickets are reviewed by our post-accident care team, who will work with you to resolve the issue through the inbox message system in your Account. Please bear with us; we may need to research your issue to fully resolve the ticket, and this may require us to ask further questions and engage with you over several communications. Although most issues can be resolved in this way, certain issues may require further escalation, as reasonably determined by us. 

Escalation:

If you’ve followed the above steps, but you feel that the issue remains unresolved after our agents have stated that a matter is closed, please email us at [email protected] and include a reference to the help ticket and specific issue you believe is unresolved. Our post-accident care team will work with you further to resolve your issue. In some cases, we may address the issue remotely. In others, we may ask to speak with you directly and will arrange a mutual time to discuss your matter. If you provide us with your phone number for this purpose, it will not be used for other purposes. 

Arbitration Agreement

If your issue remains unresolved after you’ve exhausted our informal dispute resolution system above, you may seek to resolve it through binding arbitration as follows: 

If you are a resident of the US or Canada, you and Axitech agree to resolve any dispute arising out of or related to these Terms or our Services on an individual basis through final and binding arbitration, provided you have exhausted the dispute resolution steps above and the dispute remains unresolved. This agreement will preclude you from bringing any class action against Axitech. This agreement applies to all kinds of claims under any legal theory, except those described in the Exceptions to Agreement to Arbitrate sub-Section. It also applies even after you stop using your Account or have deleted it.

An arbitration proceeding proceeds before a neutral arbitrator instead of a judge and jury, so we both agree to give up our right to a trial before a judge or jury. Arbitration proceedings have different rules than lawsuits in court. Arbitration is less formal and provides limited opportunity to compel the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if you or we do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that too, rather than a court or other agency. Unless you and Axitech otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. 

Exceptions to Agreement to Arbitrate

We all agree that we each still have the right to go to court to resolve disputes relating to: 

  • Axitech’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, or copyrights); or 
  • Claims that are not subject to arbitration as a matter of applicable law not pre-empted by federal law, and that are within the jurisdiction of the court where they’re brought. 

No Class Actions

We all agree that we can only bring claims against each other on an individual basis. That means: 

  • Neither you nor Axitech can bring a claim as a plaintiff or class member in a class, collective, consolidated, or representative action. 
  • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any class, collective, consolidated, or representative arbitration proceeding (unless we both agree to change this). 
  • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other individuals, and cannot be used to decide other disputes with other users. 

The Arbitration Process, Rules, and Governing Law

If you’re a US resident, the American Arbitration Association (“AAA”) will run the arbitration between you and Axitech, in accordance with the AAA’s rules and procedures then in effect (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) (“AAA Rules”), except as modified here. If something in these Terms is different than the AAA Rules, then we will follow these Terms instead. To review the AAA Rules or to start an arbitration proceeding, you can refer to AAA’s website (www.adr.org) or you can call AAA at 1-800-778-7879. If either of us decide to initiate arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules. 

You get to choose whether the arbitration will take place in the county or province where you live or in Los Angeles, California. We could also hold the arbitration in some other place, but we both have to agree to that. We also agree that during the arbitration process, members of our team may still work with you to resolve your issue informally.

Either of us involved in the arbitration can ask the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Also, either of us can take the arbitrator’s decision or award it to a court to confirm it or enter a judgement on it (i.e., make it the same as a court judgement). Sometimes you can ask a court to change an arbitrator’s decision or award, but those circumstances are limited. 

Notwithstanding any choice of law or other provisions in these Terms, if you’re a US citizen we all agree that the Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the provisions in this Section can be enforced and how they should be interpreted. 

13. General Provisions

Severability

You and Axitech agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law. 

Choice of Law

If you’re a US resident, these Terms and our relationship will be governed by California law, without giving effect to its conflicts of laws principles, except as otherwise provided in the Arbitration Agreement above. As described in the Arbitration Section the Federal Arbitration Act will apply to arbitrable disputes. 

If you reside outside the US, these Terms and our relationship will be governed by and constructed in accordance with English Law and the Parties hereto submit to the jurisdiction of the English Courts. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Licence and not affect the validity and enforceability of any other provisions. 

Assignment

Axitech may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Axitech’s prior written approval. Any such assignment and/or delegation without Axitech’s prior written approval is ineffective and in violation of these Terms. 

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

Axitech software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Axitech crash management products and services. Nor can you create any derivative works or other works that are based upon or derived from Axitech crash management products and services in whole or in part. 

Axitech’s names, logos and graphics files that represent Axitech crash management products and services shall not be used in any way. Axitech retains sole and exclusive ownership of all rights, titles and interest in and to Axitech crash management products and services and all Intellectual Property rights relating thereto and therefrom. 

Copyright law and international copyright treaty provisions protect all parts of Axitech’s crash management products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Axitech. 

Supplemental Terms

Supplemental terms may apply to certain Services. Supplemental terms will be disclosed to you in connection with the applicable Service(s). Those supplemental terms are in addition to and shall be deemed a part of the Terms for purposes of the applicable Service(s), and your right to use such features is subject to those supplemental terms. 

Entire Agreement

These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Axitech. They supersede all prior understandings between you and Axitech, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated. 

No Waiver

Any failure of Axitech to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Axitech of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically, set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Axitech will be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Axitech. 

Notices

We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number connected with your Account; (iii) written communication sent by mail to any address connected with your Account. All notices given by you or required from you under these Terms must be in writing and addressed to: Axitech Group Ltd, 1 Park Row, Leeds, LS1 5AB. Any notices that you provide without compliance with this Subsection will have no legal effect.

Variations

No variation is valid unless signed by authorised signatories of both Parties.

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