Terms of Service – DynaRoute

Terms of Service

These Terms of Service (“Agreement”) is an agreement in electronic format between you, the end user, and Rutin route optimization and software solutions ltd.co.. governing the use of the Rutinrota™ route and schedule planning service (“Service”). By accessing and using our Service, you agree to be bound by and abide by the terms and conditions of this Agreement. The terms “Rutin route optimization and software solutions ltd.co.”, “Rutinrota™”, “we”, “us” or “our” collectively refer to Rutin route optimization and software solutions ltd.co.and our Rutin rota.com website (the “Site”). The term “you” or “your” refers to you as the user and licensee of our Service under this Agreement (“Customer”).Dynaroute software is a web based and saas enabled multi vehicle routing and optimisation software created by Rutin route optimization and software solutions ltd.co.

By accessing and using Our Services, a) You agree to be bound by these Terms and confirm that You have read the privacy policy available at https://Dynaroute.ai/privacy (the “Privacy Policy”). b) You warrant to Us that You have the legal capacity and are authorized to subscribe to Our Services. c) In the event that You enter into these Terms on behalf of any legal entity/company or group thereof, You have the requisite authority to bind such legal entity, company or group thereof to these Terms. If you do not agree to these Terms, you must immediately stop accessing and using our Services. Rutin rota™ and the Customer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

DEFINITIONS

Service Description

The Service is designed to provide you with the ability to manage your transportation or service business. The Service is based on our Route and Schedule Planning Software (“Route and Schedule Planning Software”), which is hosted by us or on our behalf and which you may access remotely through our Site. As part of the Service, Rutin rota™ will provide and operate the servers, system software and mobile application software, including our Route and Schedule Planning Software functionality, made available to you in connection with the Service as set forth in this Agreement.

Account means all accounts or instances created by or on behalf of You for access to and use of the Services. Affiliate means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with, such party, where “control” (including the terms “controlled by” and “under common control”) means having the power, directly or indirectly, through ownership of voting securities, by contract or otherwise, to direct or cause to be directed the management and policies of such person.

Fees means all fees associated with your Account and/or use of the Services.

Confidential Information means any information disclosed by one Party to the other Party that is in tangible form and marked “confidential” (or similar designation) or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure. Notwithstanding the foregoing, Confidential Information (a) was in the public domain and became publicly available before disclosure by the disclosing party; (b) was in the public domain and became publicly available after disclosure by the disclosing party to the receiving party through no act or inaction of the receiving party; (c) does not include information that was in the possession of the receiving party at the time of disclosure by the disclosing party and is not shown in the receiving party’s files and records prior to the time of disclosure; (d) was obtained by the receiving party from a third party without breach of the third party’s confidentiality obligations (e) was independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as demonstrated by documents and other competent evidence in the possession of the receiving party; or (f) if disclosure by the receiving party is required by law, the receiving party shall, to the extent legally permitted, provide written notice of such requirement to the disclosing party prior to disclosure so that the disclosing party may seek a protective order or other appropriate remedy.

Service utilization :

The Service becomes available to the Customer through subscription to the Service and upon payment of the fee applicable at the time of subscription. The subscription fee (“Service Fee”) is displayed before the subscription of the Service.

Subject to the terms and conditions of this Agreement, Rutin rota™ grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable, revocable right and license to access and use our Service to support your business activities during the term of this Agreement, unless earlier terminated; provided, however, that you may not use the Service in a resale capacity or process third party data in a commercial service bureau environment and Rutin rota™ retains all right, title and interest in and to all Route and Schedule Planning Software applications and all materials provided to you by us.

Rutin rota™ has the right to close or suspend Customer’s account if we reasonably believe that Customer has violated this Agreement, applicable laws or regulations, or acted in a manner detrimental to Rutin rota™, its agents or the Service.

The Customer may sign up for a free trial with the Service. Under the free trial, the Customer may create an account and test the available Rutin rota™ features. The Customer may purchase the Service at any time by notifying Rutin rota™ and paying the Service Fee.

YOUR RIGHTS

On subscription to Rutin rota route optimization SaaS application: When You subscribe to the Software on a monthly or annual basis and complete the payment process, You will be entitled to access and use the features included in the Software in accordance with the package You have selected. If the Rutin rota APIs are hosted in Your private cloud environment, You will be granted a license to use the Rutin rota APIs in accordance with these Terms.

YOUR OBLIGATIONS

Your Account You must create an Account to use the trial service and access paid services. You must provide true and accurate information as may be required when registering for an Account.

Usage Restrictions: When using and accessing the route optimization software, you are subject to the usage restrictions set forth on our website.

Your obligations regarding the use of Rutin rota route optimization software: You declare that you are of legal age to form a binding contract and that you are not a person prohibited from receiving services. You are responsible for protecting your own login details and you are responsible for all activities that take place under your account.

You will be solely responsible for Your use of and access to the App.

Hosting in a private cloud: Where the Services are deployed in Your cloud environment, You will be responsible for the provision, maintenance and security of the private cloud environment in which the Services are deployed.

Acceptable Use: (a) You agree not to license, sublicense, sell, resell, rent, lease, assign, transfer, delegate, transfer, distribute, timeshare, disassemble, reverse engineer, decompile or make available the Services to any third party other than users to further your internal business purposes expressly permitted in these Terms; (b) you agree not to modify, adapt or hack the Services or otherwise gain or attempt to gain unauthorized access to such Services or related systems or networks; (c) use the Services to store or transmit Service Data in violation of applicable laws and regulations, including, but not limited to, violations of any person’s privacy rights, export control laws/regulations; (d) access the Platform and/or Services for the purpose of developing or operating products or services for, or creating derivative works based on, third parties as competitors; or (e) use the Services, (f) use the Services to store or transmit any Service Data or content that infringes the intellectual property or proprietary rights of any person or is unlawful, racist, hateful, abusive, profane, libelous, obscene or discriminatory (f) use the Services to knowingly post, transmit, upload, link to, send or store any virus, malware, Trojan horse, time bomb or other similar harmful software (g) “crawl,” “scrape,” or “spider” (using manual or automated means) any page, data, or section on the Services; (h) pre-retrieve, store, save, or redistribute any content from a cache or temporary storage exceeding thirty (30) days or from the Service using a screenshot or other static image. Each end user must make a direct request to our infrastructure and global CDN.

If Rutin rota notifies You that a particular activity or purpose is prohibited with respect to the Services, You shall immediately cease use of the Services for such prohibited activity or purpose and shall comply with Rutin rota’s instructions in this regard.

UPDATES AND AVAILABILITY

Any enhancements, new features or updates to the Services (“Updates”), if posted by Rutin rota, are also subject to these Terms and Rutin rota reserves the right to post Updates at any time.

The Services may be temporarily unavailable due to planned downtime for upgrades and maintenance, in which case Rutin rota will use commercially reasonable efforts to notify You in advance.

Except as otherwise provided elsewhere, Rutin rotashall not be liable for any unavailability resulting from circumstances beyond Rutin rota’s reasonable control, such as acts of God, acts of government, acts of terrorism or civil unrest, technical failures beyond Rutin rota’s reasonable control (including but not limited to inability to access the Internet), or actions by third parties, including but not limited to distributed denial of service attacks (“Force Majeure Event”).

INTELLECTUAL PROPERTY RIGHTS

Except for the limited rights granted to You under Clause 2, all intellectual property and/or proprietary rights, titles and interests in and to the Services, including patents, inventions, designs, database rights, copyrights, trademarks, domain names, trade secrets or know-how, API Documentation, Service Data, pre-existing programs, software, tools, content, designs, applications, concepts, technologies or methodologies, updates, upgrades, improvements, configurations, extensions and derivative works for the foregoing, or any suggestions, ideas, enhancement requests, feedback, recommendations relating to the Services provided by You (“NBAI IP”) shall exclusively belong to and remain exclusively with Rutin rota. For clarity, Rutin rota exclusively owns and retains all right, title and interest in and to the Documentation, the Services, Rutin rota’s Confidential Information and any anonymized data or aggregated data resulting from the provision of services to You through the Services.

Rutin rota’s trademarks and/or service marks may not be used in connection with any product or service not provided by Rutin rota in any manner that is likely to cause confusion among Rutin rota customers or in any manner that disparages or dilutes the marks or discredits or discredits Rutin rota. Rutin rota reserves the right to reuse any techniques and know-how collected by Rutin rota in the course of providing the Services to You.

All rights not expressly granted to You herein are reserved.

THIRD PARTY SERVICES

You acknowledge and agree that your use of Third Party Services will be subject to the terms and conditions and privacy policies of such third party and that Rutin rota will not be responsible for your activation, access or use of such Third Party Services, including the processing of your data by such third party. You should contact the provider of such Third Party Service for any issues arising in connection with the use of such Third Party Service.

FEES AND PAYMENT

Payment:
The Service Fee depends on the number of Assets (such as Vehicles, Drivers or other Assets) for which you use Rutin rota™ Products and Services. The price list is updated at: https://dynaroue.ai/pricing and https://plan.dynaroute.ai/billing Payments must be made in advance. The price list and billing methods may change over time. Customers may cancel their Account at any time. When Customers unsubscribe, they will not be charged after the date of cancellation but will be responsible for all charges incurred up to the date of cancellation. If you cancel your Rutin rota™ Service, Rutin rota™ is not obligated to refund any prepaid Service fees. Cancellation will be effective at the end of the last Service Period for which fees have been paid.

The payment methods available for your self-service (online) Billing account depend on your currency and your country. In many countries, you can set up a credit card, debit card or bank account as the primary payment method. You can also set up a backup credit or debit card to act as a safety net; if your primary payment method fails, we will charge your costs to your backup payment method. This ensures that your Rutin rota route optimization and cloud services continue to work. You authorize Rutin rota or its authorized agents to bill your credit card, debit card or other accepted payment method(s) each month until you terminate the Service(s) as set forth in these Terms.
Please note that by default, payments are processed automatically, so you do not need to worry that the Service(s) will stop working if you forget to make a payment. If you prefer to pay in advance, you may do so at any time.
Rutin rota does not have access to your credit or debit card information. You acknowledge and agree that Rutin rota uses a third-party service provider to manage credit card and other payment transactions; that such service provider is not permitted to store, retain or use your payment account information except to process your credit card and other payment information for Rutin rota; and that such service provider is obligated to store your payment account information securely. To ensure that we can process your fees without interruption, you must notify us of any changes to your credit card or other payment account information by updating your Account. If your payment method expires or otherwise becomes invalid during the subscription period, your Account may be suspended.

Refunds: Except as otherwise provided in these Terms, all Fees are non-refundable. No refunds will be given for partial use or non-use of the Services.

Late Payment/Non-Payment of Fees: for corporate uses, Rutin rota ltd.co. will notify You if Rutin rota ltd.co.does not receive payment for the Fees by the due date. Rutin rota ltd.co.must receive payment within no more than ten (10) days from the date of notification; otherwise, in addition to any other remedies available under law, Rutin rota ltd.co.may (i) suspend Your access to and use of the Services until Rutin rota ltd.co.receives Your payment of such Fees; and/or (ii) terminate Your Account and/or provision of the Services; and/or (iii) charge late payment interest at the rate of 1.5% per month on the unpaid balance of the Fees due.

Applicable Taxes: Unless otherwise specified on the Order Form, the Fees do not include any taxes, duties, levies or similar governmental assessments, including value-added, sales, use or withholding taxes (collectively, “Taxes”) that may be assessed by any local, state, provincial or foreign jurisdiction.

DURATION AND TERMINATION

Unless the parties agree otherwise in writing, performance of the Service will commence on the subscription date or as specified in Customer’s Rutin rota ltd.co.™ order confirmation and will continue until the subscription is terminated (“Term”).

The subscription period may be monthly or annual, depending on the Customer’s initial choice.

The Customer may terminate the subscription without any notice. The subscription will remain active until the end of the subscription period for which the customer has prepaid. Customers may terminate the subscription via Rutin rota ltd.co.™ web application or by sending an e-mail to support@Rutin rota.io.

For any Service provided by Rutin rota ltd.co.™ to the Customer without a Service Fee (such as a free trial period or the like), Rutin rota™ shall be entitled at its sole discretion to terminate such Service immediately without cause.

Enterprise Customers who have entered into a SAAS Services Agreement with Rutin rota ltd.co.™ should refer to such agreement for the Term and Termination provisions applicable to such Customers.

Either Party may terminate the Service with immediate effect by giving written notice if: (i) the other Party files a petition in bankruptcy or is adjudicated bankrupt; (ii) the other Party makes an assignment for the benefit of its creditors or an arrangement for its creditors under bankruptcy law; (iii) a bankruptcy petition is filed against the other Party and such petition is not removed or resolved within thirty calendar days; (iv) the other Party winds up its business; (v) a receiver is appointed over all or substantially all of the other Party’s assets or business; (vi) the other Party is dissolved or liquidated; or (vii) any other action required to be taken by the other Party

PRIVACY AND CONFIDENTIALITY

If You select or are provided with a user identification code, username, password or other information as part of Rutin rota ltd.co.’s security procedures, You must treat such information as confidential and must not disclose such information to any third party. Rutin rota ltd.co.has the right to disable any user identification code or password selected by You or allocated by Rutin rota ltd.co.at any time if, in Rutin rota ltd.co.’s reasonable opinion, You fail to comply with any provision of these Terms. Rutin rota ltd.co.shall not be liable for any activities, including access to or loss of data, that occur under your Account and/or use of the Services as a result of your failure to comply with your obligations under this clause 9.1.

Each Party shall protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each Party protects its own Confidential Information and in each case with no less than reasonable care. Except as expressly permitted under these Terms, each Party may use the other’s Confidential Information only to exercise its respective rights and fulfill its respective obligations under these Terms and shall disclose such Confidential Information only to its respective employees, representatives and agents who need to know such Confidential Information for such purposes and who are obligated to maintain the confidentiality of and not misuse such Confidential Information. The provisions of this subsection shall supersede any confidentiality agreement between the Parties entered into prior to these Terms purporting to address the confidentiality of any Confidential Information and such agreement shall have no further force or effect with respect to Confidential Information.

You understand and agree that Rutin rota ltd.co. will process Personal Data provided by You in accordance with these Terms, the Privacy Policy and applicable data privacy laws. You acknowledge and agree that Rutin rota ltd.co. may access or disclose information about You, Your Account and users, including Service Data, in order to (a) comply with the law or respond to legal requests or legal process; or (b) prevent infringement of the proprietary rights of group companies or our customers. In addition, at Rutin rota ltd.co.’s sole discretion, any suspected fraudulent, abusive or illegal activity by You may be reported to law enforcement authorities. All organizations located in the EU or processing personal data of individuals within the EU are required to comply with the General Data Protection Regulation (GDPR). As a company with Customers in the EU, Rutin rota™ extends these standards to all Customers, including those located outside the EU/EEA. Rutin rota™ will delete all Customer Personal Data from its systems within a reasonable period of time after the Customer’s subscription ends; for Customers located in the EU or the European Economic Area, Customer Personal Data will be processed within the EU/EEA area and outside the European Economic Area. Where Customer Personal Data is processed outside the EU/EEA, Rutin rota™ will provide secure international transfers through the use of standard model clauses or other appropriate measures;

The Customer authorizes Rutin rota™ to use subcontractors and other processors in the processing of the Customer’s Personal Data performed under this Agreement.

Child Protection

Rutin rota™ is intended for a general audience, but is not intended for use by children under the age of thirteen who cannot register without the verifiable consent of a parent or guardian. Rutin rota™ does not knowingly solicit or store personal information of children under the age of thirteen, and we will take steps to terminate any unauthorized minor registration of which we become aware.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, FOR INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOST USE OR LOST CONTENT), BUSINESS IMPACT, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) UNDER ANY THEORY OF LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, WITHOUT LIMITATION, EXCEPT FOR YOUR PAYMENT OBLIGATIONS, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD Rutin rota AND ITS AFFILIATES, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES THE MAXIMUM AGGREGATE LIABILITY OF ITS SUPPLIERS AND LICENSORS IN RELATION TO THESE TERMS WILL BE LIMITED TO AN AMOUNT EQUAL TO THE FEES PAID BY YOU UNDER THESE TERMS IN THE TWELVE MONTHS PRECEDING THE CLAIM.

COMPENSATION

Rutin rota agrees to defend You, at its own expense, in any action brought against You by a third party and to indemnify and hold You harmless from and against any judgment for damages and costs in any and all third party claims and actions, or any lawsuit alleging that the Services used under these Terms constitute infringement of any valid patent or copyright or other intellectual property right (“IP Claim”), provided that you (i) promptly notify Rutin rota in writing of the claim, (ii) have sole control over the defense or settlement, and (iii) provide reasonable assistance and cooperation with respect to the defense. If your use of the Services has been, or in Rutin rota’s opinion is likely to be, the subject of any Intellectual Property Claim, Rutin rotamay, at its option and expense, (a) procure your right to continue to use the Services as set forth herein; (b) modify or alter the Services in a non-infringing manner; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Rutin rota, terminate Your subscription to the Services and refund to You on a pro rata basis the Fees You have previously paid for the relevant unused portion. Rutin rota shall have no indemnification obligation for any Intellectual Property Claim arising out of, or alleged to arise out of, Your use of the Services in conjunction with programs not provided by Rutin rota; modification to the Services by a party other than Rutin rota; or Your continued use of the alleged infringing activity after You have been notified thereof or after You have been notified of changes that would prevent the alleged infringement. This clause 11.1 sets out Rutin rota’s sole, exclusive and entire liability to You and constitutes Your sole remedy in relation to an Intellectual Property Claim arising out of access to or use of the Services.

You will indemnify and hold Rutin rota harmless against any claim by a third party against Rutin rota and its respective employees, officers, directors and agents arising out of Your acts or omissions in connection with clause 2 of the Terms against Rutin rota and its respective employees, officers, directors and agents arising out of Your acts or omissions in connection with clause 2 of the Terms, provided that (a) Rutin rota promptly notifies You of the threat or notice of any such claim, (b) You have or will have sole and exclusive control and authority to select defense counsel, defend and/or settle any such claim, and (c) Rutin rota fully cooperates with You in this regard. You will indemnify and hold Rutin rota harmless against any claim arising from Your acts or omissions in connection with clause 2 of the Terms. You shall have no liability or responsibility in respect of any such claims arising from Rutin rota’s gross negligence or willful misconduct.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED.

YOU ACKNOWLEDGE AND AGREE THAT Rutin rota DOES NOT WARRANT THAT ACCESS TO SERVICES PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND Rutin rota’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER MALICIOUS SOFTWARE.

YOU ACKNOWLEDGE THAT THE BASE MAP AND ROUTE OPTIMIZATION SERVICES ARE PROVIDED ON A “BEST EFFORTS” BASIS AND THAT, DUE TO THE NATURE OF THE SERVICES, THERE MAY BE MARGINAL ERRORS IN THE BASE MAP AND ROUTE OPTIMIZATION SERVICES PROVIDED BY US.

THE BASE MAP AND ROUTE OPTIMIZATION SERVICES ARE PROVIDED BY Rutin rota ON THE BASIS OF INPUT DATA PROVIDED BY YOU AND Rutin rota SHALL IN NO EVENT BE LIABLE FOR THE BASE MAP AND ROUTE OPTIMIZATION SERVICES IF YOU FAIL TO PROVIDE ACCURATE OR SUFFICIENT INPUT DATA IN ACCORDANCE WITH THE OBLIGATIONS SET OUT IN CLAUSE 3.

MISCELLANEOUS

Assignment: These Terms and any rights or obligations hereunder may not be assigned by You without Our prior written consent, but Rutin rota may assign any of Our rights and obligations hereunder without Your prior written consent. These Terms bind and inure to the benefit of the Parties and their successors and permitted assigns.

Entire Agreement and Revisions: These Terms, together with any Order Form (if any), constitute the entire agreement and supersede all prior agreements between You and Rutin rota with respect to the subject matter hereof. These Terms shall prevail over any terms or conditions in any purchase order or other order documentation provided by You or any entity You represent (all such terms or conditions being null and void) and, except as expressly set out herein, there are no other agreements, representations, warranties or undertakings that may be relied upon by either Party in relation to the subject matter hereof. In the event of a conflict between these Terms and an Order Form, these Terms shall prevail, except where these Terms are modified in an Order Form.

Governing Law and Dispute Resolution: These Terms will be governed by the laws of Turkey. All disputes or differences arising under, relating to or in connection with these Terms shall first be resolved through mediation, otherwise exclusively and finally resolved in the Courts of Turkey and in accordance with these rules. The seat and venue of the Court shall be Turkey. Each Party shall bear its own court costs, except that court fees and expenses shall be shared equally by the Parties.

Notices and Consent to Electronic Communications: All notices to be provided by Rutin rota to You under these Terms may be delivered in writing by (i) a nationally recognized overnight delivery service (“Courier”) or by electronic mail to the contact mail address provided by You in any Order Form when subscribing to the Services; or (ii) to the email address provided for Your Account. for electronic mail, CC will be sent to info@Rutin rota.ai All notices shall be deemed given immediately upon delivery by electronic mail or, if otherwise delivered, upon receipt thereof or, if earlier, two (2) business days after deposit in the post or with a Courier as permitted above.

Publicity Rights: Unless otherwise specified in the Order Form, You grant Rutin rota ltd.co. a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Rutin rota ltd.co.’s customer on Rutin rota’s websites, case studies, press releases and/or marketing collateral, and You grant Rutin rota ltd.co. the right to describe Your use of the Services in Rutin rota ltd.co.’s case studies.

Revisions: We may change these Terms from time to time, in which case the new Terms will supersede any prior versions. We will notify You of any material revisions at least ten (10) days prior to the effective date of any changes to these Terms, and Your continued use of the Services after the effective date of any such change may constitute Your acceptance of such change by Us. You may review the most current version of the Terms at any time by visiting this page.

Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.

Severability; No Waiver: If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, that provision will be modified by the court and construed to best fulfill the original provision to the extent permitted by applicable law, and the remaining provisions of these Terms will remain in full force and effect. Rutin rota’s failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision of these Terms.

Survival: All clauses intended to survive by their nature, including but not limited to clauses 1 (Definitions), 5 (Intellectual Property Rights), 7 (Fees and Payment), 9 (Privacy and Confidentiality), 10 (Limitation of Liability), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Miscellaneous) shall survive any termination of Rutin rota’s agreement regarding Your use of the Services. Termination shall not limit either Party’s liability for any obligations accrued from or prior to such termination or for any breach of these Terms.