This Agreement is a legal agreement between you and INTUITIVE TECH LIMITED. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing, or using the APPLICATION, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the APPLICATION.
This Agreement describes the terms governing your use of the INTUITIVE TECH LIMITED online APPLICATION.
You must be at least 18 years of age to use our APPLICATION. By accessing or using our APPLICATION you agree that:
3.1- The APPLICATION are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the APPLICATION and only for the purposes described by INTUITIVE TECH LIMITED. INTUITIVE TECH LIMITED reserves all other rights in the APPLICATION. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, INTUITIVE TECH LIMITED grants to you a personal, limited, nonexclusive, nontransferable right and license to use the APPLICATION.
3.2 You agree not to use, nor permit any third party to use, the APPLICATION in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
The rights granted herein are subject to the following restrictions:
(a) your own policies regarding privacy and protection of user information, and
(b) all applicable laws, rules and regulations, including those related to processing, storage, use, reuse, disclosure, security, protection and handling of personal information and data, and applicable export and import control laws and regulations.
You agree to indemnify INTUITIVE TECH LIMITED against all losses (including reasonable attorneys’ fees), liabilities, actions or claims brought by a third party to the extent that such losses, actions, or claims arise out of your breach of the immediately foregoing sentence regarding privacy.
Your membership starts upon signing up to the APPLICATION.
Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your membership, username, or password.
Membership is based on periodic subscription fees which are detailed on the Site’s sign-up page. Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.
You are responsible for the subscription, implementation, and configuration of your account in the APPLICATION as permitted under this Agreement. Upon your acceptance of this Agreement, INTUITIVE TECH LIMITED will provide you access to the APPLICATION.
If you have registered to the APPLICATION for trial purposes only, the terms of this paragraph shall apply in addition to all the other terms of this Agreement. Your permit to use the APPLICATION commences on finishing your registration process and, unless you and INTUITIVE TECH LIMITED agree to a different period, terminates automatically fourteen (14) days after the date of registration (the “Trial Period”).
you must decide to purchase a license to the APPLICATION, at the current rate, within the Trial Period to retain any Content that you have entered through the APPLICATIONs, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the APPLICATIONs by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the APPLICATION during the trial period, if you decide not to purchase the license to the full version of the APPLICATION, you will not be able to access or retrieve any of the data you added or created with the APPLICATION during the trial.
a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the APPLICATION ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the APPLICATION. By making your Content available through your use of the APPLICATION, you grant INTUITIVE TECH LIMITED a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. INTUITIVE TECH LIMITED is not responsible for any of your Content that you submit through the APPLICATION.
b. You agree not to use, nor permit any third party to use, the APPLICATION to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
a. You shall not, and shall not permit any users of the APPLICATION or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of INTUITIVE TECH LIMITED or could subject INTUITIVE TECH LIMITED to liability to third parties, including:
The APPLICATION may include a community forum or other social features to exchange Content and information with other users of the APPLICATION and the public. INTUITIVE TECH LIMITED does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which INTUITIVE TECH LIMITED is not responsible.
You agree that INTUITIVE TECH LIMITED may use your feedback, suggestions, or ideas in any way, including in future modifications of the APPLICATION, other products or APPLICATION, advertising, or marketing materials. You grant INTUITIVE TECH LIMITED a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to INTUITIVE TECH LIMITED in any way.
INTUITIVE TECH LIMITED may, but has no obligation to, monitor access to or use of the APPLICATION or Content or to review or edit any Content for the purpose of operating the APPLICATION, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect INTUITIVE TECH LIMITED or its customers, or operate the APPLICATION properly. INTUITIVE TECH LIMITED, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
. Unless specifically included with the APPLICATION, INTUITIVE TECH LIMITED is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional APPLICATION or advice. Consult the APPLICATION of a competent professional when you need this type of assistance.
You may be offered other APPLICATION, products, or promotions by INTUITIVE TECH LIMITED ("INTUITIVE TECH LIMITED APPLICATION"). Additional terms and conditions and fees may apply. With some INTUITIVE TECH LIMITED APPLICATION, you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
By registering to the APPLICATION, you make the registered e-mail address available to receive information about INTUITIVE TECH LIMITED products and services.
INTUITIVE TECH LIMITED may be required by law to send you communications about the APPLICATION or third-party products. You agree that INTUITIVE TECH LIMITED may send these communications to you via email or by posting them on our websites
You are responsible for securely managing your password(s) for the APPLICATION and to contact INTUITIVE TECH LIMITED if you become aware of any unauthorized access to your account. The APPLICATION may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the APPLICATION. You agree to receive these updates.
10.1- YOUR USE OF THE APPLICATION, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE APPLICATION IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUITIVE TECH LIMITED, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE APPLICATION ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE APPLICATION. INTUITIVE TECH LIMITED AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE APPLICATION ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE APPLICATION, WHICHEVER IS SOONER.
10.2 INTUITIVE TECH LIMITED, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APPLICATION WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUITIVE TECH LIMITED, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICATION DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUITIVE TECH LIMITED, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:
THE ABOVE LIMITATIONS APPLY EVEN IF INTUITIVE TECH LIMITED AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUITIVE TECH LIMITED, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE APPLICATION AND ITS USE.
You agree to indemnify and hold INTUITIVE TECH LIMITED and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the APPLICATION or breach of this Agreement (collectively referred to as "Claims").
INTUITIVE TECH LIMITED reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by INTUITIVE TECH LIMITED in the defense of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the APPLICATION or on our website for the APPLICATION or when we notify you by other means. We may also change or discontinue the APPLICATION, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the APPLICATION indicates your agreement to the modifications.
INTUITIVE TECH LIMITED may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the APPLICATION, related or other APPLICATION, effective immediately, in whole or in part, if we determine that your use of the APPLICATION violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the APPLICATION or systems and comply with applicable INTUITIVE TECH LIMITED policy, if you no longer agree to receive electronic communications, or if your use of the APPLICATION conflicts with INTUITIVE TECH LIMITED’s interests or those of another user of the APPLICATION.
Upon INTUITIVE TECH LIMITED notice that your use of the APPLICATION has been terminated you must immediately stop using the APPLICATION and any outstanding payments will become due.
Any termination of this Agreement shall not affect INTUITIVE TECH LIMITED’s rights to any payments due to it.
Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential.
INTUITIVE TECH LIMITED’ Confidential Information shall include, but not be limited to, the APPLICATION, Documentation, formulas, methods, know-how, processes, designs, new products, developmental work, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the APPLICATION, in each case regardless of whether such information is identified as confidential.
Confidential Information includes all information received from third parties that each party is obligated to treat as confidential and oral information that is identified as confidential.
Confidential Information includes all information received from third parties that each party is obligated to treat as confidential and oral information that is identified as confidential.
This obligation of confidentiality does not apply to any information that is or becomes a part of the public domain through no act or omission by the receiving party, was in the receiving party’s lawful possession prior to the disclosure without any restriction on disclosure or is independently developed by the receiving party without use of or reference to such Confidential Information.
If the receiving party is required to disclose such Confidential Information to any court or government authority, then the receiving party hereby agrees to provide the disclosing party with sufficient written notice prior to the receiving party’s disclosure.
Such obligations of confidentiality shall survive any termination of this Agreement.
Each party agrees not to make Confidential Information available in any form to any third party except to employees or agents who are required to know to allow each party to exercise its rights under this Agreement, or to use the Confidential Information for any purpose other than in the performance of this Agreement.
You shall not disclose the results of any performance tests of the APPLICATION to any third party.
Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by employees or agents in breach of this Agreement.Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential.
INTUITIVE TECH LIMITED’ Confidential Information shall include, but not be limited to, the APPLICATION, Documentation, formulas, methods, know-how, processes, designs, new products, developmental work, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the APPLICATION, in each case regardless of whether such information is identified as confidential.
Confidential Information includes all information received from third parties that each party is obligated to treat as confidential and oral information that is identified as confidential.
Confidential Information includes all information received from third parties that each party is obligated to treat as confidential and oral information that is identified as confidential.
This obligation of confidentiality does not apply to any information that is or becomes a part of the public domain through no act or omission by the receiving party, was in the receiving party’s lawful possession prior to the disclosure without any restriction on disclosure or is independently developed by the receiving party without use of or reference to such Confidential Information.
If the receiving party is required to disclose such Confidential Information to any court or government authority, then the receiving party hereby agrees to provide the disclosing party with sufficient written notice prior to the receiving party’s disclosure.
Such obligations of confidentiality shall survive any termination of this Agreement.
Each party agrees not to make Confidential Information available in any form to any third party except to employees or agents who are required to know to allow each party to exercise its rights under this Agreement, or to use the Confidential Information for any purpose other than in the performance of this Agreement.
You shall not disclose the results of any performance tests of the APPLICATION to any third party.
Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by employees or agents in breach of this Agreement.You understand and agree that you have committed to a contract. And you agree to membership fees payable by you at the rate offered at purchase time every month for a period of 12 months to access the APPLICATION.
You are responsible for making full and timely payment to INTUITIVE TECH LIMITED of all applicable license fees and other fees. You shall pay all of INTUITIVE TECH LIMITED’ reasonable costs and expenses (including reasonable attorneys’ fees) if legal action is required to collect outstanding balances. Unless otherwise specified in writing by INTUITIVE TECH LIMITED, all payments are due and payable net at the end of each payment period.
Once moved from Trial to paid plan, you agree for 12 months commitment, regardless of the payment plan, or usage of the software.
We accept payment via Selcom Platform, and will issue a government-authorized receipt for your records.
We reserve the right to add more payment methods in the future and will make these clearly available on our order forms.
Once subscription payments are made, they are non-refundable.
We work hard to get your account live instantly once you have successfully registered. However, we reserve the right to take up to 48hours as a maximum time to get your account active.
Upon cancellation you will be able to access the application only through the end of the current paid period. After the current paid period ends, you will not have any access to the APPLICATION. There are no refunds upon cancellation. Please follow the instructions in the plans and subscriptions menu to cancel your account.
Once your account is cancelled, it is your responsibility to take all necessary data backup. As your data will be automatically fully deleted from our database.
You hereby agree that INTUITIVE TECH LIMITED may audit your use of the APPLICATION and Documentation to verify compliance with this Agreement by comparing your use of the APPLICATION as reflected in data recorded by the APPLICATION with information on the terms of your license which are stored at INTUITIVE TECH LIMITED.
Each server on which you install or operate the APPLICATION must be configured to enable periodic HTTP communication with INTUITIVE TECH LIMITED.
During this communication, license information is transmitted from INTUITIVE TECH LIMITED to the server, and periodic updates are sent to INTUITIVE TECH LIMITED to ensure compliance and to assist in troubleshooting a customer installation when necessary.
The information transmitted during these periodic updates include, but are not limited to, the number of profiles currently configured, the operating system, IP address, hostname, the peak number of simultaneous and individually defined users, the number of Page Views and Events per month collected and processed, and the peak hits, streaming events, and servers in operation for the month.
If you are unwilling to provide this communication capability, you may opt out of ongoing communication, but you must activate the initial product installation and subsequent changes through a manual activation process.
. If communication is not established (either via HTTP or manually) between the server on which you install or operate the APPLICATION and INTUITIVE TECH LIMITED, or if the usage of the APPLICATION is considered to be out of compliance with this agreement, the APPLICATION may, without notice, cease to analyze data.
This contract shall be governed by and shall be construed and applied in accordance with the applicable laws of the United Republic of Tanzania.
Any dispute, controversy or claim arising out of or in relation to this contract or the breach thereof shall be settled by adjudication/arbitration in accordance with the laws of the United Republic of Tanzania.
Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of INTUITIVE TECH LIMITED’s or its Suppliers’ intellectual property rights may cause INTUITIVE TECH LIMITED irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that INTUITIVE TECH LIMITED shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect INTUITIVE TECH LIMITED’s rights under this Agreement.
The parties hereby submit to the exclusive jurisdiction of the courts of the United Republic of Tanzania, and you agree that you will procure that any third party making a claim against INTUITIVE TECH LIMITED arising out of this Agreement shall bring such claim exclusively in the United Republic of Tanzania courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and INTUITIVE TECH LIMITED regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter.
If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of INTUITIVE TECH LIMITED. However, INTUITIVE TECH LIMITED may assign or transfer this Agreement without your consent to:
(a) an affiliate,
(b) a company through a sale of assets by INTUITIVE TECH LIMITED or
(c) a successor by merger.
Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact INTUITIVE TECH LIMITED via an email to: transfer_license@ezeaccounting.co.tz