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Terms of Use

Last modified on July 2024

Important information – please read carefully: These terms of use ("Terms of Use") set forth the basis on which you (either an individual or an entity) are permitted to use our proprietary Natutti delivery and installation platform SDK ("Natutti Platform") provided to you by Natutti LTD ("us" or "our" or "we" or "Company"). These Terms of Use shall govern all kinds of use and features offered via the Natutti Platform as may become available from time to time. Please read these Terms of Use carefully before using the Natutti Platform.

By using the Natutti Platform, you acknowledge that you have read these Terms of Use and that you agree to be bound by their terms & conditions. If you do not agree to these Terms of Use, do not use the Natutti Platform or any part thereof in any manner whatsoever. Your use of the Natutti Platform is expressly conditioned on your compliance and consent with these Terms of Use. By accessing or using the Natutti Platform, you are indicating that you agree to be bound by these Terms of Use. We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Natutti Platform.

You may not use the Natutti Platform if you are under 13 years of age or if you are not the owner or approved administrator of the computer on which you activated the Natutti Platform. As a condition precedent to the use of the Natutti Platform and services as provided herein, you also agree to be bound by the Privacy Policy.

Account Registration

To become a Publisher or Advertiser, you must first accurately submit an application for a Natutti account on our website and comply with this Agreement and agree not to conceal your true identity or contact information. We may accept or reject your account registration at any time at our sole discretion for any reason. Natutti reserves the right to add, edit, remove, or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at Natutti’s sole discretion.

Changes To Natutti Platform Or Terms Of Use

We may change, modify, suspend, or discontinue any aspect of the Natutti Platform or related services at any time. We may also impose limits on certain features or restrict your access to parts or all of the Natutti Platform without notice or liability. The company reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of these Terms of Use at any time, including without limitation the availability of any feature of the Natutti Platform. Material changes will be disclosed to you through a patch process, by email, or through website posting. Your continued use of the Natutti Platform, following any revision of the Natutti Platform or these Terms of Use, constitutes your complete and irrevocable acceptance of all such changes.

PUBLISHERS – After evaluation of your account and approval of payment in certain cases, we may request documents confirming your identity and payment details.

Restrictions On Use

You may not:

Any such forbidden uses shall immediately and automatically terminate your right to use the Natutti Platform, without derogating from any other remedies available to the Company at law or in equity.

Title And Ownership

You acknowledge and agree that the Natutti Platform, including any revisions, corrections, modifications, enhancements, or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms of Use are owned by the Company or its licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all rights, title, and interest in and to the Natutti Platform, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs, or trademarks), evidenced by or embodied in or attached or connected or related to the Natutti Platform, are and shall remain owned solely by the Company or its licensors. These Terms of Use do not convey to you any interest in or to the Natutti Platform, but only a limited, revocable right of use following the terms of these Terms of Use. Nothing in these Terms of Use constitutes a waiver of our intellectual property rights under any law.

The Natutti Platform logo and trademarks are trademarks of the Company and no right, license, or interest in any such trademarks is granted hereunder.

Privacy Policy

You acknowledge and agree that by your access and use of the Natutti Platform, we may collect or retain non-personally identifiable information. We shall treat such information following the Privacy Policy, the provisions of which are adopted herein by reference, so when we refer to the Terms of Use we also refer to the Privacy Policy. Furthermore, following the completion of the Natutti Platform installation, a component shall remain on your computer and will allow us to analyze your use of the Vendor Software and Approved Offers as well as your user preferences, mainly for security purposes.

Advertisements

You understand and agree that your use of the Natutti Platform, apps and services, and any product associated or connected to the platform is supported by advertising. Therefore, during your use of the Natutti Platform, you will be presented with third-party advertisements. The Company has no control and takes no responsibility for the content of these advertisements and the sites or applications to which they may direct. Because we have no control over such sites and applications, you acknowledge and agree that the Company is not responsible for the availability of such external sites or applications, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or applications. The products and services available through the third party advertisements are each subject to their respective terms and conditions or agreements and you are cautioned and you are cautioned to carefully read the terms and conditions of any external sites or applications offered by such third parties.

Updates & Upgrades

Some updates/upgrades may be optional and some may be mandatory to operate the Natutti Platform, maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality, or versions. For clarification purposes, any upgrades that impact the privacy of users or result in changes to this Terms of Use will require your acceptance or a new download of the Natutti Platform otherwise the update and upgrade shall be done automatically.

Warranty Disclaimer

The Natutti Platform is provided “as is”, without warranty of any kind. To the maximum extent permitted by applicable law, the company disclaims all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the Natutti Platform remains with you. The company further does not represent or warrant that the Natutti Platform will always be available, accessible, functional, uninterrupted, timely, secure, accurate, complete, and error-free, nor does the company warrant any connection to or transmission from the internet.

Exclusion of consequential damages

Under no circumstances and no legal theory (tort, contract, or otherwise), shall the Company or its licensors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any type including, without limitation, damages for loss of goodwill, business interruption, computer failure or malfunction, loss of business profits, loss of data or business information, or any other commercial damages or losses. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

Limitation of liability

You acknowledge and agree that in no event shall the company have any liability whatsoever, whether in contract, tort, or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to the company, in connection with or arising from your use of the Natutti Platform. Your only right or remedy for any dissatisfaction with such Natutti platform is to immediately deinstall or cease use of the Natutti platform. the company’s total liability to you under or in connection with these terms of use shall not exceed the amount paid by you.

Indemnification

You agree to fully indemnify, defend and hold the Company, its affiliates and licensors, and their respective companies, and their respective officers, directors, and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

Miscellaneous

The company’s acceptance of your use of the Natutti platform is expressly conditioned on your assent to the terms set forth herein. If any provision of these Terms of Use is found to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Except for disputes relating to the Company’s intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs, or trademarks) (“Excluded Disputes”), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) about your relationship with the Company, including without limitation disputes related to these Terms of Use, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and the Company hereby expressly waive trial by jury. You may bring claims only on your behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s claim, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any other provision under applicable law, the arbitrator will not have the authority to award damages, remedies, or awards that conflict with these Terms of Use.

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding languages in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.

These Terms of Use are governed by and construed by the laws of the State of New York, without giving effect to any principles of conflicts of law, and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York County, New York, and to submit to the personal jurisdiction of the courts located in New York County to litigate all such disputes. Any cause of action you might have relating to the Natutti Platform is limited in time to one (1) year from the arising incident and will be permanently barred afterward. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or subsequent actions in the event of future breaches.

Contact Us

If you have any questions (or comments) concerning these Terms of Use, you are most welcome to send the Company an e-mail at: [email protected], and we will make an effort to reply within a reasonable timeframe.