Terms of use
Last revised: 11/05/2020
1.Introduction
1.1 Our Purpose
Our services provide Users (defined below) with the ability to easily establish a visually appealing and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall exceptional experience in doing so – even if they lack technical expertise or design skills. As detailed below, we offer Users a variety of tools and features for creating, publishing, and utilizing stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as "User Platforms."
1.2 User Account
To access and use the AU MY TECH Services, AU MY TECH will create an account with AU MY TECH ("User Account"). AU MY TECH must send the access portal, user's name, and password to you via emails or authorized methods (e.g., AU post and WeChat).Creation of a User Account or the purchase of Paid Services (defined in Section 5 below) can be done either directly through the AU MY TECH system or by AU MY TECH staff.
1.3 Access to Accounts; Roles and Permissions
You have the option to invite others to your User Account and your User Platforms, assigning them specific roles and permissions to carry out particular activities within your User Account and User Platforms.An individual granted permission to conduct activities on a User Account they do not own is referred to herein as a "Contributor."
Should anyone, aside from yourself (including Contributors), access your User Account and/or any settings on your User Platforms, they may also perform actions available to you (unless specifically stated otherwise on the AU MY TECH Services). This holds true for changes made to your User Platform(s) and User Account, and for the acceptance of legal terms, representations, warranties, and other actions. All such activities will be considered to have taken place on your behalf and in your name as the owner of the User Account, whether or not explicitly authorized by you.
Consequently, we strongly advise that you (i) maintain the confidentiality of your User Account's login credentials, and (ii) grant access to your User Account solely to individuals you trust. You will bear full and exclusive responsibility for all activities under your User Account and/or User Platforms (including any representations, warranties, and undertakings made by Contributors), as well as any resulting damages, expenses, or losses.
When registering your User Account and utilizing our Services, you must provide accurate and complete information. We strongly encourage you to provide your own (or your company's, where applicable) contact and billing details, including your valid email address, as we may use it to identify and verify the true owner of the User Account and/or User Content (defined below) submitted to us.
You can extend invitations to others (Contributors) to conduct activities within your User Account by assigning them specific roles and permissions.
1.4 Account Ownership
Regarding each User Platform, AU MY TECH will recognize the individual or entity whose email address is registered in AU MY TECH's records as the designated owner of the User Account responsible for the creation of said User Platform.
2.Your Responsibilities
2.1 Your Assurances
You confirm and guarantee that:
£±)You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or you have reached the legal age of majority in your jurisdiction. You possess the legal authority, rights, and freedom to enter into the AU MY TECH Terms, establishing a legally binding agreement for yourself or on behalf of the person or entity you represent in relation to the AU MY TECH Terms.
£²)You are not a resident of, and will refrain from using or distributing AU MY TECH Services or the AU MY TECH App in, any country or region subject to comprehensive U.S. country or regional embargoes. Additionally, you affirm that you are not listed on any sanctions list, including but not limited to the U.S. Specially Designated Nationals and Blocked Persons List (commonly known as the "SDN List") maintained by the U.S., or any other relevant sanctions list upheld by the EU, the UK, or other jurisdictions. You confirm that you do not have a direct or indirect ownership stake of 50 percent or more, collectively, by a Sanctioned Party, nor are you under the control of such a party ("Sanctioned Party"). You also acknowledge that you will not use or distribute AU MY TECH Services or the AU MY TECH App to or for the benefit of a Sanctioned Party. In the event of any breach of the foregoing confirmations regarding your non-sanctioned status, you agree to indemnify AU MY TECH against all losses, including monetary penalties and legal fees, incurred due to your actions.
£³)Your country of residence and/or your company's country of incorporation corresponds to the country specified in the contact and/or billing address provided to us.
£´)You comprehend that AU MY TECH does not offer legal advice or recommendations pertaining to laws or requirements applicable to your use, your End Users, or your compliance with such laws.
Specifically concerning your User Content:
£µ)You validate your ownership of all rights pertaining to any content you upload, develop, or provide, or content imported, connected, copied, or uploaded by AU MY TECH Services on your behalf to your User Platform ("User Content"). This includes designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information provided for subdomain name creation, text, literary works, and any other materials ("Content"). You also confirm that you have the full power, title, licenses, consents, and authority to legally access, import, copy, use, connect, develop, publish, transfer, or license such User Content, both by yourself and us or any of our affiliates.
£¶)You possess (and will maintain) full power, title, licenses, consents, and authority to allow AU MY TECH Services or the AU MY TECH App to access websites, web pages, and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or otherwise utilizing your User Content.
£·)The User Content is (and will continue to be) truthful, current, accurate, non-harmful, and does not infringe upon the rights of any third parties. It is also not in any way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display, or otherwise use in the country where you or your User Platform's visitors and users ("End Users") reside, or for AU MY TECH and/or your End Users to access, import, export, copy, upload, publish, post, store, use, or possess in connection with AU MY TECH Services.
£¸)You have obtained all required consents and permissions under applicable laws regarding the processing, storage, collection, posting, transmission, and publication of any personal information, image, or likeness of any individual, entity, or property that forms part of the User Content. You commit to adhering to all applicable laws in this regard.
2.2. Your Commitments and Agreements You hereby commit to and agree to:
1)Comply fully with all applicable laws and any other contractual terms that govern your utilization of AU MY TECH Services (along with any related interactions or transactions). This includes the specific laws applicable to you or your End Users in any geographical locations you operate in.
2)Assume complete responsibility and liability for all instances of AU MY TECH Services usage under your User Account and/or User Platform(s). This extends to any outcomes resulting from the access, storage, collection, import, export, upload, copying, use, or publication of your User Content in connection with AU MY TECH Services.
3)Regularly and independently create backups and save all your User Content as well as the information related to your User Platform. This encompasses aspects such as End Users, User Products, and any application features, services, and/or Third Party Services used, connected, presented, or developed by you.
4)Agree to receive promotional messages and materials from AU MY TECH or its partners periodically, through various communication channels including mail, email, or any other form of contact you provide (including phone calls or text messages). If you wish to opt-out of receiving such promotional materials or notifications, please inform us at any time.
5)Grant AU MY TECH perpetual, worldwide, and cost-free authorization to use any version of your User Platform (or any portion thereof) for AU MY TECH's marketing and promotional activities, whether online or offline. You also allow reasonable modifications as required for these purposes. By doing so, you relinquish any claims against AU MY TECH or its representatives regarding any moral rights, artists' rights, or similar rights worldwide that you might have in relation to your User Platform with respect to these limited permitted uses.
6)Accept AU MY TECH's sole discretion in determining the means, manner, and method for delivering AU MY TECH Services. This covers aspects such as hosting, transmission, publication, and/or display of any User Platforms and/or Content, including the inclusion and presentation of advertisements or other commercial content in connection with them.
7)Acknowledge AU MY TECH's right to provide AU MY TECH Services under alternative pricing plans and enforce distinct restrictions for uploading, storing, downloading, and using AU MY TECH Services under each pricing plan. These restrictions may encompass factors like network traffic and bandwidth, Content size and/or length, Content quality and/or format, Content sources, download time volume, number of subscribers to your Content, storage capacity, and more.
2.3. Your Agreement and Undertaking Not to:
Copy, modify, create derivative works, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the AU MY TECH Website, AU MY TECH Services (or any portion thereof), Licensed Content offered by AU MY TECH or Third Party Services for use and display within User Platforms, or any part thereof, in any manner. You shall not publicly display, perform, transmit, or distribute any of the aforementioned without AU MY TECH’s prior written consent or as expressly allowed under the AU MY TECH Terms.
Submit, transmit, or display any User Content or use Licensed Content in contexts that may be construed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent. Additionally, you shall not encourage criminal or harmful conduct or violate the rights of AU MY TECH or any third party, including intellectual property rights, privacy rights, contractual or fiduciary rights. You must not depict any person, entity, or brand in a negative or disparaging light without their prior explicit approval.
Employ any illegal methods to collect login data or passwords for websites, third parties, software, or services.
Phish, collect, upload, or make available credit card information or other financial data for collecting payments unless in compliance with applicable laws, including the PCI DSS standard when relevant.
Upload, insert, collect, or otherwise make available malicious, unlawful, defamatory, or obscene Content within the AU MY TECH Website or AU MY TECH Services (or any part thereof).
Publish and/or employ the AU MY TECH Services or Licensed Content on any external websites, media, networks, or systems not provided by AU MY TECH. You shall not frame, "deep link," "page scrape," mirror, or create a browser or border environment around any of the AU MY TECH Services, Licensed Content, and/or User Platform (or any part thereof), except with AU MY TECH's express prior written permission.
Utilize "robots," "spiders," automatic devices, programs, scripts, algorithms, or similar processes to access, acquire, copy, or monitor any portion of the AU MY TECH Services (or their data and/or Content). You shall not reproduce or circumvent the navigational structure or presentation of the AU MY TECH Services to obtain materials, documents, services, or information in ways not intentionally provided through the AU MY TECH Services.
Act in any way that could negatively impact AU MY TECH's reputation or goodwill, or bring disrepute or harm to AU MY TECH.
Purchase search engine or pay-per-click keywords (e.g., Google AdWords) or domain names using AU MY TECH or AU MY TECH Marks and/or variations or misspellings thereof.
Impersonate any person or entity, provide false information on the AU MY TECH Services and/or User Platform, or manipulate your identity or the origin of any message or transmission sent to AU MY TECH and/or End Users.
Falsely state or misrepresent your affiliation with any person or entity, or falsely imply that AU MY TECH or any third party endorses you, your User Platform, your business, your User Products, or any statement you make.
Trace or attempt to trace other Users of AU MY TECH Services, interfere with their privacy rights or other rights, or harvest personally identifiable information about visitors or users of the AU MY TECH Services and/or User Platform without their explicit consent.
Disable, bypass, or evade any measures used to prevent or restrict access to AU MY TECH Services, User Platform, other Users' accounts, or connected systems or networks, using hacking, password mining, or other illegitimate methods.
Probe, scan, or test the vulnerabilities of the AU MY TECH Services or connected networks.
Upload or employ viruses, worms, Trojan Horses, time bombs, web bugs, spyware, malware, or other computer code, files, or programs intended to damage or seize control of hardware, software, or telecommunications equipment. You must not use or distribute any disruptive or invasive code or component.
Overload the infrastructure of the AU MY TECH Services or AU MY TECH's systems or networks connected to the services, or interfere with their operation or disrupt the servers or networks hosting them. You shall not disobey requirements, procedures, policies, or regulations of these servers or networks.
Utilize any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters," "pyramid schemes," or unethical marketing or advertising through AU MY TECH Services or User Platform.
Use AU MY TECH Services or Systems for storage and/or video streaming purposes, including through integration with third-party platforms or services, for video streaming or main file storage purposes.
Access or use the Services, Licensed Content, User Content, User Accounts, or any other content through any means or technology (e.g., scraping, crawling) except through our officially supported interfaces.
Sell, license, or exploit any use of or access to Licensed Content and/or AU MY TECH Services for commercial purposes, except as expressly permitted by the AU MY TECH Terms.
Remove or alter copyright notices, watermarks, restrictions, or proprietary indicators of our licensors, including copyright marks [?], Creative Commons [(cc)] indicators, or trademarks [? or ?] within the AU MY TECH Services and/or Licensed Content.
Violate, attempt to violate, or fail to comply
3. Content Ownership and Intellectual Property
3.1. Your Intellectual Property In the relationship between AU MY TECH and you, you retain ownership of all intellectual property associated with your User Content and any other materials created, developed, or linked to AU MY TECH Services by you. This includes designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works. AU MY TECH does not assert ownership rights over your User Content or content connected to AU MY TECH Services. Please note that in order to provide and enhance the Services, we may need to access, upload, or copy your User Content to our platform, including cloud services and content delivery networks (CDNs), for purposes like adjusting display, training software tools (e.g., artificial intelligence and machine learning models), creating backups, and performing other technical actions required to deliver our services. By using our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and global license to use your User Content for these purposes.
3.2. AU MY TECH’s Intellectual Property All rights, title, and interest related to the AU MY TECH Services, including copyrightable materials and other content subject to intellectual property rights under applicable law, are owned by or licensed to AU MY TECH. This encompasses artwork, graphics, images, website templates, widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video, media, designs, animations, interfaces, documentation, derivatives, versions, the overall "look and feel," methods, products, algorithms, data, interactive features, advertising tools, acquisitions methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names, and other proprietary identifiers, whether registered or capable of registration (collectively, "Intellectual Property"). This Intellectual Property, including any derivatives, is owned by AU MY TECH and/or licensed to AU MY TECH.
Subject to your full compliance with the AU MY TECH Terms and timely payment of all applicable Fees, AU MY TECH grants you a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license upon creating your User Account. This license permits you to use AU MY TECH Services and Licensed Content for generating and displaying your User Platform to End Users, offering User Products as defined below, and solely within the AU MY TECH Services, as permitted by the AU MY TECH Terms.
The AU MY TECH Terms do not transfer any right or interest in AU MY TECH's Intellectual Property (or any portion thereof), except for the limited license explicitly granted above. The AU MY TECH Terms do not constitute a waiver or assignment of AU MY TECH's Intellectual Property rights under any law.
Additionally, specific fonts available within AU MY TECH Services are licensed to AU MY TECH by a third-party provider and are therefore subject to additional license terms from that provider.
3.3. Feedback and Suggestions If you provide suggestions, comments, or other feedback concerning the AU MY TECH Services that are or may be subject to Intellectual Property rights ("Feedback"), this Feedback becomes the exclusive property of AU MY TECH. By providing such Feedback, you acknowledge and agree that AU MY TECH may use it to: (i) further develop and enhance the AU MY TECH Services, (ii) provide ongoing assistance and technical support, (iii) contact you with AU MY TECH-related notices or interview requests, (iv) facilitate promotions and monitor performance, (v) create aggregated statistical data for service improvement, (vi) enhance data security and fraud prevention, and (vii) comply with applicable laws and regulations. Furthermore, you (1) represent that the Feedback is accurate, complete, and does not infringe third-party rights; (2) assign to AU MY TECH any right, title, and interest in the Feedback; and (3) irrevocably waive any claims related to moral rights, artists' rights, or similar rights worldwide concerning such Feedback.
4. Privacy
Certain aspects of the AU MY TECH Services, including certain Third Party Services integrated within them (as elaborated in Section 8 below), may necessitate or involve the submission, collection, and utilization of specific personally identifiable information. Especially, as part of accessing or utilizing the AU MY TECH Services, AU MY TECH and these Third Party Services might gather, access, and employ specific data concerning Users and End Users. This includes the activities or navigation undertaken by Users and End Users through the AU MY TECH Services and/or User Platforms. We strongly encourage you to regularly review our Privacy Policy and the relevant policies of each Third Party Service for insights into data collection and usage practices
5.Service Fees
5.1. Paid Services
Certain AU MY TECH Services may require payment of designated fees, as determined at AU MY TECH's discretion ("Paid Services" and "Fees" respectively). Important note: if you are a Reseller User and your payments are made to the Reseller, some provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1), and 5.5 in this Section 5, related to such specific Paid Services, might not apply to you. Instead, payment and management of such Paid Services will be directly coordinated with the Reseller, according to the agreed terms between you and the Reseller.
5.2. Invoices
If you are a Reseller User and make payments to the Reseller rather than directly to AU MY TECH, the following Section 5.2 is not applicable to you.
AU MY TECH and/or its affiliated companies will generate an invoice or credit memo for any payment of Fees or refunds involving AU MY TECH ("Invoice"). Each Invoice will be issued electronically and based on the country indicated in your billing address. It will be accessible through your User Account and/or sent via email. To facilitate Invoice issuance, you might need to provide certain Personal Information (as defined in the Privacy Policy) to comply with local regulations. Please be aware that the Invoice available in your User Account may not fully align with local legal requirements and might be utilized solely for pro forma purposes in such instances.
5.3. Subscription Auto-Renewals
5.4. Money-Back Guarantee
If you are a Reseller User and make payments to the Reseller instead of directly to AU MY TECH, Section 5.4 does not pertain to you.
If you find yourself dissatisfied with your initial purchase of a Premium Plan, you have the option to request cancellation for any reason within fourteen (14) days from the date you first ordered or activated said Premium Plan ("Refund" and "Refund Period"). This Refund policy specifically applies to the initial purchase of a Premium Plan that represents an upgrade from a free website. Please note that the Refund does not extend to additional purchases, upgrades, modifications, or renewals of AU MY TECH Services. If your jurisdiction mandates a longer Refund Period, we will honor these legal requirements. Should AU MY TECH receive your cancellation notice within the Refund Period, we will refund the amount charged for the AU MY TECH Services in the currency of the original charge and subsequently cancel the services as requested. It's important to note that currency fluctuations and third-party fees might cause variations in the Refund amount compared to the original charge. AU MY TECH is not liable for discrepancies arising from currency exchange rate changes or third-party fees. Beyond the Refund Period, any Fees paid will be non-refundable and non-cancellable. Additionally, if it comes to our attention that a cancellation notice is submitted in bad faith or as an improper attempt to evade payment for genuinely received services, we reserve the right, as permitted by applicable law, to charge the User for the AU MY TECH Services actually rendered.
Please be aware that certain services purchased on the AU MY TECH Services, including Third Party Services like domains, business tools, and applications, might be entirely non-refundable. The terms of each service or application's refundability are outlined on the AU MY TECH Website or during the purchasing process. It is your responsibility to ascertain a service's cancellation capability before purchase. AU MY TECH will not reimburse any sums paid for non-refundable Paid Services, applications, or Third Party Services.
We are pleased to provide a 14-day money-back guarantee for our monthly or annual paid services when initially purchased. This guarantee's duration may be extended as required by law. If you are a Reseller User who pays through the Reseller, this Section does not apply to you.
Before purchasing, we recommend thoroughly reviewing the terms of each service since certain services are non-refundable.
5.5. Chargebacks
If at any time, we register a decline, chargeback, or other failure to process a payable Fees payment directly to AU MY TECH on your AU MY TECH account ("Chargeback"), this will be regarded as a violation of your payment obligations outlined here, which might result in the automatic suspension or termination of your use of the AU MY TECH Services.
In the event of a Chargeback, your User Account may be blocked without the option for repurchase or reuse, and any data within that User Account, including domains, applications, and Third Party Services, may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Access to AU MY TECH Services will be reinstated once you resubscribe to the relevant AU MY TECH Services and fully settle any applicable Fees. This includes fees and expenses incurred by AU MY TECH and/or any Third Party Services for each received Chargeback. This encompasses Fees for AU MY TECH Services provided before the Chargeback, as well as handling and processing fees incurred by the payment processor.
If you have inquiries or concerns regarding a payment made to AU MY TECH, we encourage you to contact our Customer Support team before pursuing a Chargeback or reversing a payment. This proactive step can prevent the cancellation of AU MY TECH Services and the blockage of your User Account. Furthermore, it can help avoid the submission of an unjustified or erroneous Chargeback, which may lead to your responsibility for the associated Fees and the repayment of all applicable Fees related to AU MY TECH Services purchased (and chargebacked) by you.
We retain the right to challenge any received Chargeback by furnishing the relevant credit card company or financial institution with information and documentation proving that the User responsible for the Chargeback indeed authorized the transaction and subsequently received or utilized the rendered services.
6.Cancellation
6.1. User-initiated Cancellation
You must contact AU MY TECH immediately. You possess the freedom to cease the use of AU MY TECH Services and request the cancellation of your User Account and/or any AU MY TECH Services whenever you wish, following the guidelines provided on the AU MY TECH Services platform. The effective date and time of such cancellation shall align with the date and time of the completion of the cancellation process on the AU MY TECH Services. For Paid Services, the cancellation takes effect at the conclusion of the subscription period associated with those Paid Services. However, please be aware that any Paid Service (including Renewing Paid Services) obtained from a Reseller is subject to cancellation terms negotiated between you and your Reseller.
It is important to note that regarding subscriptions to Renewing Paid Services, the cessation of such subscriptions will occur only upon the culmination of the respective period for which payment has already been made. As the cancellation procedure may require a few days to finalize, it is advisable to initiate a cancellation request at least fourteen (14) days prior to the expiration of the existing service period, if the service was directly purchased from AU MY TECH. If you made your purchase and payment through a Reseller, the cancellation process should adhere to the stipulations in your agreement with the Reseller.
6.2. Cancellation by AU MY TECH
Failure to uphold the AU MY TECH Terms and/or fulfill payment obligations for outstanding Fees empowers AU MY TECH to suspend (until full payment is settled) or terminate your User Account, User Platform (or specific features thereof), as well as the provision of associated AU MY TECH Services (e.g., Paid Services) or Third Party Services.
In situations where you have established a User Account via a Reseller or procured Paid Services from a Reseller, AU MY TECH reserves the prerogative to suspend, terminate, or restrict access to your User Account and User Platform (or specific features thereof), along with the supply of related AU MY TECH Services or Third Party Services. This applies if either: (a) your Reseller directs AU MY TECH to do so, or (b) your Reseller neglects to remit any dues owed to AU MY TECH as specified in the Reseller Agreement. You acknowledge and accept these suspension and termination rights, recognizing that AU MY TECH assumes no responsibility for the consequences of such suspension or termination. Should such events transpire, your sole avenue of recourse lies with the Reseller.
6.3. Data, Content, and Capacity Implications
The cancellation of your User Account, any AU MY TECH Services, or Third Party Services linked to your User Account (whether requested by you or initiated by AU MY TECH) could potentially lead to the loss of certain content, attributes, or capacity within your User Account. This includes User Content, End User data, or other usage-related data stored therein, as well as any domain name reservations or registrations included in such Services ("Capacity Loss"). AU MY TECH cannot be held liable for any form of Capacity Loss, or for retaining backups of your User Account, User Content, or End User data. Additionally, please be aware that the reactivation of a User Account and/or any AU MY TECH Services after cancellation may entail additional Fees, at AU MY TECH's sole discretion.
Subsequent to the termination of your User Account or User Platform, AU MY TECH reserves the right to erase all data as part of standard operations. Once your User Account or User Platform is terminated, data retrieval is not possible.
7.Disclaimer of Warranties
The AU MY TECH Services are provided on an "As Is," "with all faults," and "As Available" basis, without any form of warranty, including implied warranties or conditions of merchantability, fitness for a specific purpose, diligent effort, non-infringement, or any other warranty, to the fullest extent allowed by law. Specifically, we do not assert or guarantee that the AU MY TECH Services (or any part, feature, or Content thereof) are complete, accurate, of a certain quality, dependable, or secure. We do not warrant their compatibility with your (or your End Users') intended activities, devices, operating systems, browsers, software, or tools. Furthermore, we make no claim that the services comply with applicable laws or will be free from viruses, bugs, harmful components, or program limitations. We do not endorse any entity, product, or service mentioned or provided through the AU MY TECH Services, so we recommend verifying them before use.
AU MY TECH retains the right, at its sole discretion (without any obligation), to screen, monitor, and/or edit any User Platform and/or User Content at any time and for any reason, with or without notice.
Notwithstanding the above, AU MY TECH cannot be construed as a "publisher" of User Content. We do not endorse User Content in any way and assume no responsibility for any User Content uploaded, posted, published, or made accessible by Users or other parties through the AU MY TECH Services, nor do we assume liability for any loss, deletion, or damage to such User Content. AU MY TECH disclaims liability for errors, defamation, libel, falsehoods, obscenity, pornography, incitement, or other unlawful and infringing User Content encountered by Users or other parties.
You acknowledge the risks involved in using the AU MY TECH Services and engaging with Third Party Services through or connected with AU MY TECH Services. AU MY TECH cannot guarantee specific outcomes from such interactions, and you assume all associated risks, liabilities, and harm arising from such interactions. Such risks include misrepresentation of information by Third Party Services or Licensed Content, contract breaches, rights violations, and related claims.
AU MY TECH does not recommend using the AU MY TECH Services for hosting personal content and disclaims any security or integrity responsibilities or risks concerning breach or damage to such content.
Please be aware that certain AU MY TECH Services are currently in their BETA version and undergoing testing. Additionally, certain AU MY TECH Services may experience software bugs, disruptions, or deviations from intended operation. By using the AU MY TECH Services during this BETA stage, you indicate your agreement to these terms and your willingness to participate in the BETA testing of such AU MY TECH Services.
8.Limitation of Liability
To the maximum extent permitted by applicable law in each relevant jurisdiction, AU MY TECH, along with its officers, directors, shareholders, employees, affiliates, and agents, shall not be held liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages of any kind. This includes damages arising from (1) errors, inaccuracies, or mistakes in any content; (2) personal injury or property damage resulting from your use of AU MY TECH Services; (3) unauthorized access to or use of our servers, personal information, or other stored information; (4) interruption or cessation of transmission to or from AU MY TECH Services; (5) the utilization or display of any Content or User Content accessible through AU MY TECH Services; (6) events beyond AU MY TECH's reasonable control, such as internet failures, equipment malfunctions, power outages, strikes, riots, natural disasters, or governmental actions; and/or (7) loss of use, data, profits, goodwill, or other intangible losses arising from the use or inability to use any part of AU MY TECH Services.
You acknowledge and consent that these limitations of liability represent the agreed allocation of risk, contributing in part to the consideration for AU MY TECH's services to you. These limitations apply even if AU MY TECH was informed of the potential for such liabilities.
9.Indemnity
You agree to defend, indemnify, and hold harmless AU MY TECH, its officers, directors, shareholders, employees, affiliates, and agents from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from: (1) your violation of these Terms of Use or any other AU MY TECH Terms; (2) your infringement of any third-party rights, including copyright, access rights, property, or privacy rights, as a result of your User Platform, User Content, and/or your use of AU MY TECH Services; and/or (3) any claims asserting that your User Platform or User Content caused harm to a third party.
10.General
10.1. Changes & Updates
AU MY TECH retains the right to modify, suspend, or terminate any aspect of AU MY TECH Services (including features, prices, and access) and/or terminate your access to AU MY TECH Services (including the removal of any materials you've created in connection with the services) for any reason, with or without prior notice, at any time, and using any method.
You acknowledge that AU MY TECH will not be held liable to you or any third party for any alteration, suspension, or discontinuation of AU MY TECH Services (or related materials, content, or services created by you through AU MY TECH Services). If such changes involve additional or increased fees, notice of such adjustments will be provided prior to their implementation. If you fail or decline to pay these additional or higher fees, AU MY TECH may, at its sole discretion, either cancel your User Account (as detailed in Section 6 above), continue to support your existing AU MY TECH Services without enacting these changes, or offer alternative services.
10.2. Governing Law & Jurisdiction; Class Action Waiver
You acknowledge and consent that AU MY TECH has the right to enforce these Terms of Use against you. The AU MY TECH Terms, its rights and remedies, and any claims or disputes related to these terms or AU MY TECH Services shall be governed solely by the internal laws of the State of Israel, excluding its conflict of laws principles.
Any such claims or disputes shall be resolved solely by a competent court located in Tel Aviv, Israel, and the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. All disputes between you and AU MY TECH must be resolved on an individual basis, and you waive your right to bring claims as part of a class, consolidated, or representative action.
If you are situated in the United States, (i) the State of New York will govern payment transactions outlined in Section 5, and (ii) claims related to these transactions will be brought in a court of competent jurisdiction in New York, New York.
10.3. Notices
Notices from AU MY TECH may be delivered through various means, including within AU MY TECH Services (e.g., banners or pop-ups on the website), email to your provided address, notifications to Resellers (if applicable), or other methods. Notice will be considered received and effective within 24 hours unless otherwise indicated.
10.4. Relationship
Your use of AU MY TECH Services does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between AU MY TECH and you.
10.5. Entire Agreement
These Terms of Use, along with other AU MY TECH Terms and any legal or fee notices from AU MY TECH, constitute the entire agreement between you and AU MY TECH, superseding any prior agreements, understandings, promises, conditions, negotiations, or representations.
10.6. Assignment
AU MY TECH can assign its rights and obligations without notice. You may not assign your rights without AU MY TECH's written consent. If you are a Reseller User, your subscription may be assigned to AU MY TECH, and you agree to these Terms of Use in full post-assignment.
10.7. Severability & Waivers
If any provision is deemed unenforceable, it shall not affect the validity of other provisions. No waiver by AU MY TECH shall be deemed a waiver of other breaches.
10.8. Interpretation
Headings, captions, and section titles are for convenience and do not define or explain provisions. In case of conflicts between language versions, the English version prevails.