Hosted Services - Terms of Use

The use of Aayu Technologies LLC services by you, is subject to the following Terms of Use. These terms may be updated by us without notice to you.

Last Modified: October 21, 2021

1 Overview

These Terms of Use are applicable to each of the following software Applications, provided as a Service, to which you may subscribe to, or use. The Applications are offered by Aayu Technologies LLC on a ‘Software as a Service (SaaS)’ subscription basis.

As part of the Service, Aayu Technologies LLC (“Aayu”) will provide you, the Subscriber, with use of the Service, including a browser interface and data transmission, access and storage. Subscriber’s registration for, or use of, the Service, shall be deemed to be in agreement to abide by these Terms of Use (“Agreement”), including any material and terms incorporated by reference herein, including but not limited to the information published on the Pricing Page for each Service, and the Aayu Technologies LLC’s privacy policy.

2. Definitions

Aayu Technologies LLC (Aayu) means Aayu Technologies LLC of 30 N Gould St Ste 4000, Sheridan, WY 82801.

Subscriber means the individual or entity that has subscribed for the Service under the terms and conditions of this Agreement.

Application means one or more of the Aayu software applications listed above, or such other software applications as provided by Aayu.

Service means hosting of the specific Aayu software Application identified during the subscription or ordering process, developed, operated, and maintained by Aayu, or ancillary online or offline products and services provided to Subscriber by Aayu, to which Subscriber is being granted access under this Agreement.

User means Subscriber’s employees, representatives, consultants, contractors, customers or agents who are authorized to use the Service and have been supplied user identifications and passwords by Subscriber (or by Aayu at Subscriber’s request).

Affiliates means Aayu owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents, and the Services.

Shared Hosting means Subscribers share a serverless, single instance or cluster of the Application, deployed and maintained by Aayu, which provides a private space, tenant or account in this larger shared space, where resources are shared among multiple Subscribers.

Effective Date means the date the Subscriber clicks the “I Accept” button or checkbox presented with these terms or, if earlier, when the Subscriber uses the Service.

Fees means the charges by Aayu for subscription to, or use of, the Service.

Pricing Page means the detailed subscription and pricing information and limitations published at the following locations for each Service

3. Terms of Service for Aayu Applications

  • 3.1. Terms of Service. Subscriber acknowledges and agrees to the following terms of service. In addition, Subscriber agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new service(s) subsequently purchased by the Subscriber will be subject to this Agreement.

  • 3.2. Subscriber must have Internet Access. In order to use the Service, Subscriber must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. Subscriber must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web.

  • 3.3. Accuracy Of Subscriber’s Registration Information. Subscriber agrees to provide accurate, current and complete information (“Registration Data”) about Subscriber as prompted by the registration form, which Subscriber will fill out online in order to gain access to the Service. Subscriber further agrees to use commercially reasonable efforts to maintain, and promptly update the Registration Data to keep it accurate, current and complete. Subscriber acknowledges and agrees that if Subscriber provides information that is intentionally inaccurate, not current or incomplete in a material way, or if Aayu Technologies LLC has reasonable grounds to believe that such registration data provided by the Subscriber is untrue, inaccurate, not current or complete in a material way, Aayu has the right to suspend Subscriber’s account.

  • 3.4. Email And Notices. Subscriber agrees to provide Aayu with Subscriber’s e-mail address, and to promptly provide Aayu with any changes to Subscriber’s e-mail address, and to accept emails (or other electronic communications) from Aayu at the e-mail address Subscriber specifies. Except as otherwise provided in this Agreement, Subscriber further agrees that Aayu may provide any and all notices, statements, and other communications to Subscriber through either e-mail or posting on the Service. Notices to Aayu Technologies LLC shall be in writing and shall be made to the attention of Customer Service via email at info@mftgateway.com or conventional mail sent to Aayu Technologies LLC, 30 N Gould St Ste 4000, Sheridan, WY 82801. All Notices will be effective upon the date of receipt.

  • 3.5. Passwords, Access, And Notification. The maximum number of users that Subscriber may designate under Subscriber’s account is the number of seats allocated to, or purchased by the Subscriber, and Subscriber may provide and assign unique passwords and usernames to each authorized user for each such seat. Subscriber acknowledges and agrees that Subscriber is prohibited from sharing passwords and/or user names with unauthorized users. Subscriber will be responsible for the confidentiality and use of Subscriber’s (including its employees’) passwords and usernames.

  • 3.6. Third-Party Software. Subscriber agrees to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by Aayu. Until notified otherwise by Aayu, Subscriber agrees to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Aayu, and to follow logon procedures for services that support such protocols. Subscriber acknowledges that Aayu is not responsible for notifying Subscriber of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks not owned or operated by Aayu, or telecommunications facilities, including, but not limited to, the Internet.

  • 3.7. Transmission Of Data. Subscriber understands that the technical processing and transmission of Subscriber’s electronic communications is fundamentally necessary to Subscriber’s use of the Service. Subscriber agrees that Aayu is not responsible for any electronic communications and/or Subscriber Data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever, across networks not owned and/or operated by Aayu.

  • 3.8. Proprietary Rights. Subscriber acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber further acknowledges and agrees that content or information presented to Subscriber through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

  • 3.9. Limits. Aayu shall limit various aspects of a Subscriber account based on the package selected by the Subscriber. This includes but is not limited to, the Number of trading partners, Maximum message size, Messages allocated per month, Disk storage and the Number of user accounts allowed. Subscribers may be prevented from exceeding these limits, or exceeded limits shall be billed at an over limit fee each month, based on the selected subscription package and pricing, as listed on the Pricing Page for each service. Subscriber acknowledges and agrees that after allocated limits are reached by an account, the Service may not operate normally, and maybe temporarily suspended from further use for the Subscriber. The following general limits should be noted and adhered to, by all Subscriber accounts:

    • Data Retention - Transactional data such as messages, shall be retained for a period of 60 days at most. If the total storage size utilized by a Subscriber exceed the limits specified on the subscription tier, older transactional data maybe deleted earlier, so as to avoid exceeding the allocated storage limits.
    • SFTP / S3 Polling interval - When SFTP or Amazon AWS S3 integration is used, Subscribers must adhere to the limits for polling for new messages.
    • API invocation - REST API invocations should adhere to the limits specified for such use.
  • 3.10. Service Rules. Subscriber agrees not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Aayu systems than a human can reasonably produce in the same period of time by using a conventional on-line web browser (iii) transmitting spam, chain letters, or other unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures Aayu may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Aayu may, without prior notice, change the Service; stop providing the Service or features of the Service, to subscribers or to users generally; or create/change usage limits for the Service. Aayu may permanently or temporarily terminate or suspend Subscriber access to the Service without notice and liability for any reason, including if in Aayu’s sole determination Subscriber violates any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, Subscriber continues to be bound by this Agreement.

4. Restrictions And Responsibilities

This is a contract for Services and the software will be installed, accessed and maintained only by, or for, Aayu and no license is granted thereto. Subscriber will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any Application, software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

Subscriber represents, covenants, and warrants that Subscriber will use the Services only in compliance with Aayu standard policies then in effect (the “Policy”), and all applicable laws (including but not limited to policies and laws related to spamming, privacy (including but not limited to any European privacy laws), intellectual property, consumer and child protection, obscenity or defamation). Although Aayu has no obligation to monitor the content provided by Subscriber or Subscriber’s use of the Services, Aayu may do so and may remove any such content or prohibit any use of the Services it believes may be (or are alleged to be) in violation of the foregoing.

Subscriber shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). Subscriber shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Aayu published policies then in effect. Subscriber shall also be responsible for maintaining the security of the Equipment, Subscriber account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Subscriber account or the Equipment with or without Subscriber’s knowledge or consent.

4.1. Evaluation account use. Subscriber shall not register an account for evaluation of the service, without a genuine interest in using the service later. Using evaluation accounts for any unauthorized purposes such as, but not limited to the following, are strictly prohibited, and are liable for penalty payments.

  • Testing purposes - such as load testing, or testing or evaluation of other software products or services
  • Commercial purposes - use of multiple accounts by the same Subscriber entity to bypass service limitations

5. Fees, Billing And Renewal

Aayu charges and collects Fees in advance for use of the Service. Additional charges may be applicable each month, where the Subscriber exceeds allocated limits of the Service such as but not limited to, the number of messages processed, disk space allocated and maximum message size. During any Term, Aayu will automatically renew and bill Subscriber’s credit card or issue an invoice (a) every month for monthly billed subscriptions, (b) every quarter for quarterly billed subscriptions, (c) each year on for annual subscriptions, or (d) as otherwise mutually agreed upon

Payments made by the Subscriber under this Agreement are non-refundable, even if the subscription is canceled before the end of the current billing term. Payments made by the Subscriber under this Agreement exclude any taxes or duties payable in respect of the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Aayu, the Subscriber must pay to Aayu the amount of such taxes or duties in addition to the Service Fees under this Agreement.

5.1. Payments made via reseller, Paddle.com. Where a Subscriber chooses to order and subscribe through our online reseller Paddle.com, Paddle.com shall be the Merchant of Record for all such orders, and shall handle all customer service inquiries and returns. The Subscriber is responsible for providing an accurate billing address and VAT or other tax numbers, which will be used by Paddle.com to automatically compute and charge the correct Sales or other taxes as applicable. Not providing correct and complete information may incur additional charges for tax.

6. Non-Payment And Suspension

All payments for Fees shall be due according to the terms in Section 5 (Fees, Billing and Renewal) and as provided on the relevant Service, and shall be deemed delinquent if not received by the due date. In addition to any other rights granted to Aayu herein, Aayu reserves the right to suspend or terminate this Agreement and Subscriber’s access to the Service if Subscriber’s account becomes delinquent. If Subscriber or Aayu initiates termination of this Agreement, Subscriber will be obligated to pay the balance due on account computed in accordance with this Section and the Fees, Billing and Renewal Section above. Subscriber agrees that Aayu may charge such unpaid Fees and charges to Subscriber’s credit card or otherwise bill Subscriber for such unpaid Fees and charges. Subscriber agrees and acknowledges that Aayu has no obligation to retain Subscriber Data and that such Subscriber Data may be irretrievably deleted if Subscriber’s account becomes delinquent.

7. Term, Change of Package And Termination

This Agreement commences on the Effective Date. Unless earlier terminated under Sections 6 or 7, this Agreement will automatically renew at the end of the initial term specified in Subscription package, the Invoice or Order form (the “Initial Term”), and any Renewal Term for successive renewal terms equal in duration to the Initial Term (each a “Renewal Term”), at the then current rates, unless a different rate is specified in the Invoice or Order form. Either party may terminate this Agreement or change the Subscription package, effective only upon the expiration of the then current Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following Term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. Subscriber agrees and acknowledges that Aayu has no obligation to retain the Subscriber Data, and may delete such Subscriber Data, more than 30 days after termination.

Any breach or delinquency of Subscriber’s payment obligations or unauthorized use of the Aayu Technology or Service will be deemed a material breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating a Subscriber’s account and relationship and may be referred to appropriate law enforcement authorities. Aayu, in its sole discretion, may terminate Subscriber’s password, account or use of the Service and this Agreement if Subscriber breaches or otherwise fails to comply with this Agreement. In addition, Aayu may suspend or terminate a free account at any time in its sole discretion without notice and for any reason, including, without limitation, breach of these Terms of Use. Subscriber agrees and acknowledges that Aayu has no obligation to retain the Subscriber Data, and may delete such Subscriber Data, if Subscriber has materially breached this Agreement, including, but not limited to, failure to pay outstanding Fees, and such breach has not been cured within 30 days of payment delinquency or notice of such breach.

Upon termination or suspension, regardless of the reasons therefore, Subscriber’s right to use the Service ceases immediately, and Subscriber acknowledges and agrees that Aayu may immediately deactivate or delete the Subscriber account and all related information, Subscriber Data and files in the account, and bar any further access to the Service. Aayu shall not be liable to the Subscriber or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Aayu in connection with such termination or suspension.

8. Assignment, Successors And Assigns

Subscriber shall not transfer or assign this Agreement or any rights or obligations hereunder without the prior written consent of Aayu, and any attempted assignment or transfer in violation of the foregoing will be void. This Agreement will be for the benefit of the permitted successors and assigns, and will be binding on heirs, legal representatives and permitted assignees.

9. Publicity Rights

Subscriber agrees to be identified as a user of the Service and a customer of Aayu, and grants Aayu the right to list or refer Subscriber by name, logo, trade name and trademark, and to briefly describe Subscriber’s business in Aayu marketing materials, web sites, and public or legal documents.

10. Representations And Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Subscriber represents and warrants that Subscriber has not provided any false information to gain access to the Service and that billing information is correct.

Aayu Technologies LLC represents and warrants that it will use commercially reasonable efforts to provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and substantially in accordance with the online help documentation under normal use and circumstances.

11. Indemnification

SUBSCRIBER AGREES TO DEFEND, INDEMNIFY, AND HOLD AAYU TECHNOLOGIES LLC AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM THE SUBSCRIBERS’ USE OR MISUSE OF THE SERVICE. AAYU TECHNOLOGIES LLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY SUBSCRIBER, IN WHICH EVENT THE SUBSCRIBER WILL COOPERATE WITH AAYU TECHNOLOGIES LLC IN ASSERTING ANY AVAILABLE DEFENSES.

12. Disclaimer of Warranties

AAYU TECHNOLOGIES LLC AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH. AAYU TECHNOLOGIES LLC AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” BASIS; ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY AAYU TECHNOLOGIES LLC AND ITS LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SUBSCRIBER IS RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO ITS OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SERVICE AND ASSUMES THE RISK OF SUCH OCCURRENCES. SUBSCRIBER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY ITS PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA.

THROUGH YOUR USE OF THE SERVICE, SUBSCRIBER MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER SUBSCRIBERS, EXTERNAL TRADING PARTNERS AND VENDORS. SUBSCRIBER ACKNOWLEDGES THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND THE SUBSCRIBER.

AAYU TECHNOLOGIES LLC MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SERVICE, AND SUBSCRIBER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT THE SUBSCRIBERS OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY AAYU TECHNOLOGIES LLC OR ANY OTHER OF OUR AFFILIATES.

13. Limitation of Liability

AAYU TECHNOLOGIES LLC AND ITS AFFILIATES WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NEITHER AAYU TECHNOLOGIES LLC NOR ANY ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:

  • (i) SUBSCRIBER’S INABILITY TO USE THE SERVICE AND/OR SOFTWARE, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR SUBSCRIBER’S USE OF THE SERVICE AND/OR SOFTWARE;

  • (ii) AAYU TECHNOLOGIES LLC’S DISCONTINUATION OF PROVIDING THE SERVICE AND/OR SOFTWARE;

  • (iii) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE AND/OR SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;

  • (iv) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE OR SOFTWARE;

  • (v) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT OR SUBSCRIBER’S USE OF OR ACCESS TO THE SERVICE AND/OR SOFTWARE; OR

  • (vi) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF SUBSCRIBER’S DATA.

FURTHER, AAYU TECHNOLOGIES LLC SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED OR TRADED THROUGH THIS SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AAYU TECHNOLOGIES LLC’S AND ITS AFFILIATES MAXIMUM AGGREGATE LIABILITY TO THE SUBSCRIBER FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT ACTUALLY PAID, IF ANY, BY THE SUBSCRIBER TO AAYU TECHNOLOGIES LLC FOR THE USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED US DOLLARS (US$ 100).

Aayu Technologies LLC will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

The Services are hosted on the Amazon Web Services (AWS) and the Google Cloud Platform (GCP) cloud computing services, and controlled by Aayu Technologies LLC, from its offices within the USA or its Affiliates. Aayu Technologies LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Subscriber may not use the Service if the Subscriber is a resident of a country embargoed by the United States, or is a foreign person or entity blocked or denied by the United States government.

14. Miscellaneous

This Agreement is governed by the laws of the State of Wyoming applicable to contracts made and performed there without regard to its conflicts of law principles. The parties agree to submit to the jurisdiction of the state and federal courts in the State of Wyoming USA.

This Agreement, including all Order Forms provided by and entered with Aayu in connection herewith, constitute the entire agreement and understanding between Aayu and the Subscriber, concerning the subject matter of this agreement, and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document.

In any action to enforce this Agreement, Aayu will be entitled to costs and attorneys’ fees. Any cause of action brought by the Subscriber against Aayu must be instituted within 3 months after the cause of action arises or be deemed forever waived and barred. Any failure by Aayu to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.