NAIWAZI

Thanks for using NAIWAZI

Please read these Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and NAIWAZI (collectively, “naiwazi,” “we,” or “us”).

I. Account

1. Eligibility

In order to use the Service, you must:

1. be at least eighteen (18) years old;

2. complete the account registration process;

3. agree to these Terms;

4. provide true, complete, and up-to-date contact and billing information;

5. not be included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people and jurisdictions.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and NAIWAZI is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a NAIWAZI account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or NAIWAZI may terminate the Agreement at any time and for any reason. You may do so by terminating your NAIWAZI account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 12 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay as You Go Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes

We may change any of the Terms by posting revised Terms on our Site(en.naiwazi.com). Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that NAIWAZI is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of NAIWAZI.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

II. Payment

1. Monthly Plans and Pay as You Go Credits

A. Paid Plans

If you sign up for a paid monthly plan, you will be required to self-select your package (e.g., Essentials, Standard, Premium) (together, your “Paid Plan”) from the options posted on our site based on your anticipated use of the Service. Each Paid Plan offers different pricing and feature options and has varying usage limits. Once you select your Paid Plan, we will never automatically upgrade or downgrade your Paid Plan. So, give yourself room to grow if you’ll need it! If you exceed your Paid Plan usage limits (eg. exceeding your limitation of players), you could upgrade to a higher tier at your own choice, but downgrade to a lower tier is not supported before the end of that billing cycle.

When you sign up for a Paid Plan, you agree to monthly recurring billing, starting on the date you paid. "Monthly" stands for 30 days.

B. Two-days Free Trial Membership

From time to time at our discretion, we may offer a free trial period of 2 days for new members. To activate the Trial Period, you will be required to (1) enroll for the eligible Paid Marketing Plan of your choice, and (2) provide valid payment information to us at the time of enrollment. Free trial offer does not include Commerce Plans and associated transaction fees or add-on/one-time fees. Upon the expiration of the Trial Period, your plan will be cancelled if you do not change to a different Paid Plan. Prior to the expiration of the Trial Period, we will notify you of the upcoming expiration of your Trial Period. If the payment method we have on file for you is declined, you must provide to us a new, valid payment method for the trial plan or we reserve the right, without further notice, to immediately suspend or cancel your continued use of the your trail plan.

To be eligible for the Trial Period, you must be a new NAIWAZI customer and sign up for using the “Trail” option (or other like wording). Then you need to contact with us for the application, we will have a review on your account to decide whether you could use this plan.

2. Refunds

In general, we do not offer a refund or credit, but you will be entitled to a refund or credit from us on the first two days after you paid. However, we have the right to close your account after the refund if you do not have any plan. We also have the right to refuse your next payment under any circumstance.

3. Billing Changes and Taxes

We may change any of our fees, including our charges for Monthly Plans and Pay as You Go Credits, at any time by posting a new pricing structure to our NAIWAZI Site or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

“Tax” or “Taxes” means all applicable taxes, including but not limited to indirect taxes such as goods and services tax (“GST”), value added tax (“VAT”), sales tax, fees, duties, levies, or other similar taxes. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or any other amounts are exclusive of Taxes. In the event that any amount payable by you to NAIWAZI is subject to Taxes, NAIWAZI shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which NAIWAZI is entitled. You will reimburse and indemnify NAIWAZI for any Taxes, interest, and penalties that NAIWAZI may be compelled to pay on account of your non-payment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to NAIWAZI is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by NAIWAZI; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which NAIWAZI is entitled under the Agreement. You will indemnify and hold NAIWAZI harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.

III. Liability

1. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the NAIWAZI Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of NAIWAZI and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

2. No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

3. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

4. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

5. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

6. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.