This Terms and Conditions Agreement governs the use of the NeoWorlder website,
services and products, operated primarily under the brand NeoWorlder. NeoWorlder
Enterprises, Inc., is the parent company to Neoworlder IP, LLC, NeoWorlder Ventures,
LLC, NeoWorlder Technologies, LLC.
NeoWorlder specializes in creating virtual personas ("Personas") and custom AI
skills for these personas, each designed to autonomously handle specific business
functions. These personas use advanced AI to perform tasks ranging from routine to
complex, effectively acting as AI-powered employees with specialized capabilities.
Users interested in deploying "Personas" must engage with NeoWorlder to create a
tailored solution through a Software as a Service Agreement. Inquiries about
"Personas" should be directed to NeoWorlder via email at info@neoworlder.com or through the website. This Agreement pertains solely to the general use of the NeoWorlder
website and the applications and information contained therein.
The terms set forth herein constitute a legally binding contract ("Agreement")
between NeoWorlder and any natural or legal person who accesses or utilizes our
website and/or mobile application, including all related features, products, and
services ("Platforms"), in any capacity ("you" or "your" or "User"). This Agreement
governs your use of any and all current or future products, services,
functionalities, or offerings provided through our Platforms ("Services"), and is
subject to periodic updates. In the event of a conflict between any provision of
this Agreement and a separate written agreement with a third-party partner, the
terms of the separate agreement shall prevail in relation to that partner to the
extent necessary to resolve the conflict.
By using the Platforms, you expressly agree to be bound by the terms of this
Agreement. If you do not agree with any of the terms, please do not use the
Platforms. If you have any questions about the info@neoworlder.com. Please note that your access to the Services, other platforms, or utilization of
our Services and Personas ("Products"), offers, or promotions in relation to the
Products, as may be provided by us and/or our affiliates, may be governed by other
terms and conditions, policies, or guidelines ("Additional Terms") along with these
Terms. If these Terms are inconsistent with any Additional Terms, the Additional
Terms will control to the extent of such inconsistency with respect to the
applicable Services or utilization of the Product. These Terms govern your use of
the Platforms and transactions or dealings thereon.
For the purposes of these Terms: (a) "Platforms" relates to the website having URL: https://www.neoworlder.com, which may include its corresponding mobile application, any other digital mode
and/or operating system as provided by us, wherein you may gather necessary
information about the Products and includes applications controlled and managed by
us which interact with one or more such mobile applications and/or websites and
digital modes as provided by us; (b) "Products" refers to:
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'Personas': Innovative AI-driven virtual employees that autonomously handle
work-related tasks using dedicated accounts, enhancing efficiency and accuracy
across various business scenarios.
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'Skills': Specific capabilities assigned to Personas, enabling them to perform
specialized functions like email management, design generation, or customer
interaction, powered by integration with platforms like Gmail API and Conversica
for email automation and marketing response. (c) We and you are hereinafter
individually referred to as “Party” and collectively as “Parties”.
Please read this Agreement carefully to understand the conditions applicable in case
of usage of the Platforms and for viewing the necessary information related to the
Products.
1. General
1.1 The terms and conditions for usage of the Platforms, as set out herein
("Terms and Conditions"), specifically govern your access to and use of the
Platforms, which provide a forum for you to, inter alia, discover, utilize our
Services, and/or acquire information about our Products ("Personas" and
"Skills"), as listed on the Platforms.
1.2 Please note that we may, from time to time, change this Terms and Conditions
Agreement that governs your use of the Platforms. Every time you wish to use our
Platforms, please check these Terms and Conditions to ensure you understand the
terms and conditions that apply at that time. Changes will be communicated
through the Platforms or other means, providing you the opportunity to review
modifications before they become effective.
1.3 Accessing, browsing, or otherwise using the Platforms indicates your
agreement to these Terms and Conditions, our Privacy Policy, and any other
policies or guidelines that may be applicable to your usage of the Platforms, at
the time of your access and usage of the Platforms, which may be updated from
time to time. By using the Platforms, you are deemed to have digitally signed
and agreed to these Terms and Conditions.
1.4 This document is an electronic record under the California Consumer Privacy
Act (CCPA) and applicable state legislation across the United States, and the
amended provisions pertaining to electronic records in various statutes as
amended by the American legislature. This electronic record does not require any
physical or digital signatures beyond your use of the Platform, which
constitutes your acceptance of this Agreement.
1.5 We authorize you to view and access the Platforms solely for identifying our
Services and Products, as well as to contact us for any further information
and/or communication. Therefore, we grant you a limited, revocable permission to
access and use the Platform, as provided by us.
1.6 From time to time, we may, at our sole discretion, offer exclusive
promotions on our Platforms to promote certain Products. These promotions may
include temporarily reduced prices for a limited period and are subject to
availability and may be changed or withdrawn without prior notice. Additionally,
we may organize contests and sweepstakes on the Platforms, and such contests and
sweepstakes shall be subject to rules and regulations that we establish and
publish at the time of the event, on our website.
1.7 By accepting this Agreement, you affirm that you are at least 18 years of
age, or above, if you are a resident of the United States of America, and are
fully competent to enter into this Agreement, and to abide by and comply with
this Agreement. If a User is below 16 years of age in the United States of
America and/or any other country with a different age of attaining legal
majority, it is assumed that he/she is using and/or browsing the Platforms under
the supervision of his/her parent or legal guardian, and that such User’s parent
or legal guardian has read and agreed to the Terms of this Agreement. In the
event we are made aware that a User is under the age of 16 years and is using
and/or browsing the Platforms without the supervision of his/her parent or legal
guardian, we reserve the right to deactivate such User’s account without further
notice. Further, if you are using the Services or purchasing the Products on
behalf of a company or an organization, you represent that you have authority to
act on behalf of that entity, and that such entity accepts this Agreement.
2. Registration of your Account
2.1 In order to utilize certain features of our Products on the Platforms,
registration of an account may be required. Depending on the agreement entered
between you and NeoWorlder, we may facilitate the registration process on your
behalf, or you may need to complete this process independently. Registration is
a one-time process that is contingent upon successful verification of the
information provided by you as a new user. Once registered, you will have access
to and be able to avail the Services or Products by logging in with your
registered credentials. We encourage you to read our Privacy Policy to
understand how we collect, use, and protect your personal and non-personal
information.
2.2 You are the sole authorized user of your account, and it is your
responsibility to maintain the confidentiality of the login credentials
associated with your account on the Platforms. You are also responsible for
restricting access to your computer, mobile device, or other devices to prevent
unauthorized account access. You shall remain solely liable for all activities
conducted and transactions completed through your account.
2.3 You must: 2.3.1 Immediately inform us of any unauthorized use of your
account or any other breach of security. The security of your account includes
keeping your password confidential and not sharing it with others. 2.3.2 Ensure
that you log out from your account at the end of each session to prevent
unauthorized access. Our employees, agents, directors, and officers will not be
liable for any loss or damage arising from your failure to comply with these
security obligations. You could be held liable for losses incurred by NeoWorlder
or another party due to someone else using your account, caused by your failing
to secure it.
2.4 We reserve the right to refuse service, terminate accounts, or remove or
edit content if you violate any of the Terms and Conditions. We may also do this
if required to comply with legal requirements or protect the rights, property,
or safety of our company, our users, or others. It is important to regularly
review these Terms and Conditions, as they can change over time, and your
continued use of the Platforms signifies your agreement to any amendments.
3. How to Use Our Product
3.1. At NeoWorlder, we offer bespoke AI solutions that are crafted to address
the unique requirements of your business. To initiate the development of a
tailored solution, please contact us through our website. We will engage with
you promptly to discuss your needs and provide a personalized service proposal.
Following agreement on the specifics and pricing, a service agreement will be
executed, detailing the service provision, fees, and the terms of engagement.
3.2. Service may be temporarily suspended in the event of billing delays. Upon
the termination or cancellation of an account or agreement, all associated data
and personas will be securely and permanently deleted to ensure data privacy and
compliance.
4. Skills and Features
4.1. Gmail Perceptor
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Functionality: This feature assigns a dedicated email address to a Persona,
enabling automated email communication management. This includes reading,
understanding, and appropriately responding to emails autonomously.
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API Integration: Utilizes Gmail API with specific scopes (https://www.googleapis.com/auth/gmail.modify and https://www.googleapis.com/auth/userinfo.email) to ensure comprehensive functionality and security. NeoWorlder manages
the setup and maintenance of these permissions, and customers interact with
their Persona via email without needing direct access to the underlying
email account.
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Example Use Cases:
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Fashion Designer: Allows users to email a Persona with an idea for a
clothing item. The Fashion Designer Persona uses the Gmail Perceptor
to understand the request and then crafts and sends back a mock-up
design via email.
4.2. NeoBox
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Functionality: The NeoBox is a downloadable application that provides users
direct access to 3D environments, games, or owned assets on our platform. It
serves as a gateway for users to engage with a rich, interactive digital
world, enhancing the user experience by integrating various multimedia and
interactive elements.
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Integration: No Google APIs are used in the operation of NeoBox, ensuring
that its functionality is self-contained and focused on providing a seamless
user experience in accessing digital content.
4.3. NeoChat
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Functionality: NeoChat functions similarly to a website chat system but is
enhanced by each Persona having its own database to store conversation
history. When a returning user is verified by an identifier, the Persona can
reference previous conversations or relevant information, enabling a more
personalized and context-aware interaction.
4.4. Compliance and User Responsibility
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Users are required to adhere to general terms of service, which include
maintaining respectful and lawful use of all digital content and features
offered by NeoWorlder. Compliance with these terms ensures a safe and
enjoyable experience for all users.
4.5. Indemnification
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By using any skills or features offered by NeoWorlder, including the NeoBox
and NeoChat, users agree to indemnify and hold harmless NeoWorlder from any
liabilities, claims, or expenses that arise from breaches of terms or misuse
of the products.
4.6. Consent and Acknowledgment
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By downloading or using the NeoBox, NeoChat, or any other features, users
explicitly consent to comply with all associated terms and conditions,
underscoring their commitment to legal and ethical use of the technology
provided.
5. Communication and Unsubscription
5.1. Receiving Communications: By accepting the Terms and Conditions of this
Agreement, you consent to receive news, updates, offers, and/or campaign-related
communications to the registered mobile phone number and/or email address you
have provided to us. This consent includes receiving communications through
calls, SMS, emails, or other digital and electronic means from us or our
authorized representatives concerning new services, products, promotions,
changes, updates, or offerings. Your consent to receive these communications is
part of engaging with our Platforms.
5.2. Opting Out: You have the right to withdraw your consent and unsubscribe
from receiving marketing or promotional communications, newsletters, and other
notifications from us at any time. To unsubscribe, simply follow the
instructions provided in any communication you receive, which will guide you on
how to contact our customer support or directly manage your preferences.
Alternatively, you can directly contact us at info@neoworlder.com to request the cessation of communications. Upon receiving your request, we will
promptly remove your contact details from our marketing databases and confirm the
completion of this process to you.
6. Rating and Review
6.1. Feedback Importance: Your feedback is invaluable to us as we strive to
continually improve our Platform, Services, and Products. By using our Platform,
you agree to the following terms regarding ratings and reviews:
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6.1.1. Voluntary Participation: Participation in rating and reviewing our
Products is entirely voluntary. You are not obligated to provide feedback
but are encouraged to share your honest and genuine experiences to help us
improve.
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6.1.2. Authenticity and Honesty: Reviews should accurately reflect your
genuine experience with our Product, the Platform, and the Services. We
value honesty and transparency in all feedback.
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6.1.3. Content Guidelines: Reviews must adhere to internet community
guidelines and should refrain from including offensive, defamatory, or
inappropriate content. Such content can harm the sentiments of other users
or parties and is not permitted.
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6.1.4. Moderation and Management: We reserve the right to moderate, publish,
edit, or remove reviews at our discretion, particularly those deemed
defamatory or in violation of our policies. This is to ensure a respectful
and constructive community environment.
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6.1.5. Public Visibility: Reviews may be publicly visible on our Platform
and accessible to other users. By submitting a review, you acknowledge and
consent to its potential visibility and display to the public.
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6.1.6. Responses to Reviews: We may respond to reviews in a professional
manner, addressing any concerns or feedback provided. While we aim to
address relevant issues, we are not obligated to respond to every review.
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6.1.7. Use in Promotions: Reviews and ratings may be utilized for
promotional or marketing purposes, provided they are used in compliance with
our Privacy Policy and applicable laws. This helps us highlight positive
experiences and address areas of improvement.
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6.1.8. Intellectual Property Rights: By submitting a review, you grant us a
non-exclusive, perpetual, royalty-free license to use, reproduce, modify,
adapt, publish, translate, distribute, and display the review content
worldwide in any media.
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6.1.9. Dispute Resolution: If you have any concerns regarding a review or
our response to your feedback, please contact us directly to discuss the
issue. We are committed to resolving disputes amicably and in accordance
with our Terms and Conditions.
7. Disclaimer of Warranties, Inaccuracies or Errors
7.1. Accuracy of Information: While we strive to ensure that all information and
recommendations provided on this Platform—including those related to services,
products, and offerings—are accurate at the time of inclusion, we do not
guarantee the accuracy, completeness, or timeliness of this information.
7.2. Use at Your Own Risk: You acknowledge that the information provided is
supplied to you on an "as is" basis. We encourage you to make your own
assessments regarding the suitability of the information for your purposes
before use. No content on the Platform constitutes an invitation to invest, and
you should not rely on the information for investment or critical decisions. All
use of this Platform and the information you gather from it is at your own risk.
7.3. Prohibited Actions: Users must avoid any actions on the Platform that:
- Violate laws or regulations;
- Threaten, defame, or harass others;
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Involve publishing or disseminating any offensive, obscene, or racially
offensive content;
- Promote or facilitate illegal activities;
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Infringe on intellectual property rights or disclose confidential
information.
7.4. Restrictions on Use of the Platform:
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Users are prohibited from copying, altering, or exploiting any part of the
Platform without proper authorization.
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Reverse engineering, disassembling, or otherwise attempting to derive the
source code of the software used on the Platform is strictly prohibited
unless specifically allowed under open-source licensing terms.
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The Platform may not be used to develop competing products or services or to
provide services to third parties without prior written approval.
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It is prohibited to license, sell, rent, or otherwise commercially exploit
the Platform without our explicit consent.
7.5. Intellectual Property: Usage of any service, product, process, or software
described on the Platform does not imply a recommendation or endorsement and is
not intended to infringe on any patents, trademarks, or other intellectual
property rights.
7.6. No Implied Warranties:
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We provide the Platform without any express or implied warranties of
quality, suitability for a particular purpose, or non-infringement.
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There is no guarantee that the Platform will always be available or operate
without disruptions or be free from errors. We do not warrant that defects
will be corrected or that the Platform or the server that makes it available
are free of viruses or other harmful components.
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We, along with any third party involved in creating, producing, or
delivering the Platform, will not be liable for any direct, indirect,
incidental, consequential, or punitive damages arising out of your access
to, use of, or inability to use the Platform, or any errors or omissions in
the content thereof.
7.7. Limitation of Liability: To the extent permitted by law, we disclaim any
liability for losses, damages, costs, or expenses resulting from the use of this
Platform, including any data loss or business interruption. This includes
situations arising from accessing or other interactions with any third-party
content or site introduced via the Platform.
7.8 You agree not to use any telephone numbers (including mobile) for contacting
individuals (“Contacts”) via SMS text, voice calls, or other mobile messaging
methods (“Messaging”) through Platforms or Personas unless you have first
secured explicit opt-in consent from the owner or authorized user of the
telephone number. This consent must legally permit us to conduct Messaging
conversations with the Contacts on your behalf using that telephone number.
Additionally, you agree to maintain records of these consents for no less than
four years, or as longer required by applicable laws, and to provide access to
these records upon our reasonable request. You further acknowledge and accept
your independent duty to comply with all applicable laws regarding the
collection and submission of telephone numbers to us for the purposes of using
the Platforms.
7.9 In utilizing our mass mailing services, or emailing or other messaging
services, you acknowledge and agree to be fully responsible for the data you
input into our system, and having obtained the requisite permissions to use
the recipients information for the purposes of communicating with that
person. Below are specific terms and conditions related to the use of our
mass email services:
- Email Content and Data Accuracy: You must ensure
that all email content sent through our platform, including but not
limited to transactional emails, bulk emails, and emails utilizing AMP
email format, is accurate, legally compliant, and sourced from your
legitimate data collection processes. You are solely responsible for the
accuracy and legality of all data, including email addresses and
content, you provide to us.
- Opt-In Verification: You must only send emails to
recipients who have explicitly opted-in to receive communications from
you. It is your responsibility to verify and maintain records of such
opt-ins and to provide evidence of consent if required by us or by
regulatory authorities.
- Use of Email Formats and Features: When using
advanced features such as AMP email format or dynamic queuing
algorithms, you must adhere to all applicable guidelines and best
practices, ensuring that these technologies are used in a responsible
and compliant manner.
- Separation of Email Types: Separation of Email
Types: You must keep transactional and marketing emails separate to
avoid confusion and to comply with legal standards. Each type of email
should be clearly distinguished and conform to its specific regulations.
- Unsubscribe Compliance: Every communication
message sent includes a clear and functional unsubscribe link, allowing
recipients to easily opt-out of future communications. You must not
tamper with this process.
- Liability and Indemnification: You agree to
indemnify, defend, and hold harmless our company from any claims,
damages, losses, liabilities, and expenses arising from your failure to
comply with these terms or from any unauthorized or illegal use of the
data you provide.
- Compliance with Laws: You are responsible for
ensuring that all emails sent through our platform comply with all
applicable laws and regulations, including but not limited to privacy
laws and regulations governing electronic communications.
By agreeing to these terms, you acknowledge your role and responsibility in
maintaining the integrity and legality of the data used in our mass mailing
services. Failure to adhere to these guidelines may result in suspension or
termination of your access to our services.
8. Availability and Accessibility of the Platform
8.1. Geographic Availability: We operate and manage the Platforms from the
United States of America and do not claim that the content provided through the
Platforms is appropriate or available for use in other locations. Usage of the
Platforms from territories where the content is illegal is prohibited. Users who
choose to access the Platforms from locations outside the United States of
America do so on their own initiative and are responsible for compliance with
local laws.
8.2. Content Availability: Information we publish on the worldwide web may
include references or cross-references to our products, programs, and services
that are not announced or available in your country. These references do not
imply that we plan to announce or make available such products, programs, or
services in your country.
9. Third Party Interactions
9.1. Interaction with Third Parties: During your use of the Platforms, you may
engage in transactions with, or participate in promotions of, third-party
advertisers, sponsors, or other third parties found on or through the Platforms.
Any such activities, and any terms, conditions, warranties, or representations
associated with such activities, are solely between you and the relevant third
party. NeoWorlder does not make any representation or warranty regarding any
content, goods, or services provided by third parties, even if linked to our
Platforms. Consequently, we are not liable for any loss or claim that you may
have against an advertiser or third-party.
10. Copyrights
10.1. Protected Content: The Platforms contain various forms of content
including text, graphics, photographs, videos, and sound, all of which are
protected by copyright and/or other intellectual property rights ("Protected
Content"). All copyrights and intellectual property rights in the Protected
Content are owned by us or have been licensed to us by the rights holders to
enable their use on NeoWorlder. We retain copyright on all content displayed on
the Platforms, including all multimedia elements and trademarks.
10.2. Limited Use License: Upon registering on the Platforms, you are granted a
limited, revocable, personal, non-exclusive, and non-transferable license to
access and use the Protected Content for personal, non-commercial purposes. This
includes the right to view content on your personal device and to print copies
for personal use, provided that such use does not infringe on our intellectual
property rights.
10.3. Usage Restrictions:
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You may not copy, distribute, modify, or create derivative works from any
Protected Content without our express written permission.
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The use of Protected Content for commercial purposes, redistribution, public
display, or creating derivative works is strictly prohibited.
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You must not remove any copyright, trademark, or other proprietary notices
from any copies of materials from the Platforms.
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Linking to our Platforms or its content requires our express written
consent.
10.4. Prohibited Activities: The license does not permit:
- The resale or commercial use of the Platforms or any of its contents;
- Collection and use of any product listings, descriptions, or prices;
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Any derivative use of the Platforms or its contents, or any use of data
mining, robots, or similar data gathering and extraction tools.
11. Trademarks
11.1. Trademark Ownership: All trademarks, service marks, and trade names used
on the Platforms, including those marked with “TM” or “R”, are owned by
NeoWorlder or its affiliates. These trademarks include, but are not limited to,
the names and logos of NeoWorlder and its associated services and products. They
may not be used in connection with any product or service that is not affiliated
with us, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits NeoWorlder.
11.2. Reporting Infringement: If you believe that your intellectual property
rights have been infringed upon in a manner that raises concerns, please contact
us at info@neoworlder.com to report the issue. We are committed to addressing your concerns promptly and
effectively.
12. License and Use of Your Content
12.1. Grant of License: By posting or submitting any material such as comments,
posts, photos, images, or other contributions to the Platforms, you are granting
us a royalty-free, perpetual, irrevocable, non-exclusive, and worldwide license
to use, reproduce, modify, publish, translate, distribute, perform, and display
these materials in any form, media, or technology, whether now known or
hereafter developed. You also agree that we may use any ideas, concepts,
know-how, or techniques that you provide to us for any purpose. Furthermore, you
waive all rights to any claim against us for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such communications.
12.2. Monitoring and Enforcement: We reserve the right to monitor all postings
and to remove any which we consider, in our sole discretion, to be inappropriate
or a breach of these terms. We also reserve the right to report any illegal
activity to law enforcement authorities and cooperate with them as needed.
12.3. User Responsibility and Indemnification: You are responsible for your own
communications and are responsible for the consequences of their posting. You
must not, and by using the Platforms you agree not to, post or transmit any
material that violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, or otherwise objectionable, encourages conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law.
12.4. Termination of Access: We reserve the right to terminate or restrict your
access to the Platforms at any time without notice for any reason whatsoever.
Upon termination, you must promptly destroy all materials downloaded or
otherwise obtained from this site, as well as all copies of such materials.
13. Indemnification and Limitation of Liability
13.1. Indemnification: You agree to defend, indemnify, and hold harmless
NeoWorlder, its affiliates, officers, directors, employees, consultants,
licensors, agents, and representatives from any and all third party claims,
liability, damages, and/or costs (including, but not limited to, reasonable
attorney fees and costs) arising from your use of the Platforms, your violation
of the Terms and Conditions, or your infringement, or infringement by any other
user of your account, of any intellectual property or other rights of any person
or entity.
13.2. Limitation of Liability: In no event will NeoWorlder, its affiliates,
officers, directors, employees, consultants, agents, or licensors be liable for
any direct, indirect, incidental, special, punitive, or consequential damages
whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content,
(b) personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our service, (c) any unauthorized access to or use of
our secure servers and/or any and all personal information and/or financial
information stored therein.
16. Grievance Officer
16.1. If you have any grievances regarding the information you have shared with
us, or about the services you are receiving, you may contact our Grievance
Officer at the following details:
17. Contact Information
17.1. We offer several ways for you to contact us:
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Email: For detailed inquiries or sending instructions, please contact us at info@neoworlder.com.
18. Force Majeure
18.1. We are not liable for any delays or failures in performance resulting from
acts beyond our reasonable control, including natural disasters, floods,
earthquakes, strikes, pandemics, wars, or other events of a similar nature.
19. Waiver
19.1. No waiver of any term or condition of these Terms and Conditions shall be
deemed further or continuing waiver of such term or any other term, and our
failure to assert any right or provision under these Terms and Conditions shall
not constitute a waiver of such right or provision.
20. Severability
20.1. If any provision of these Terms and Conditions is found to be invalid,
illegal, or unenforceable, the remaining provisions will continue in full force
and effect. This document will be amended to best accomplish the objectives of
the original provision to the fullest extent allowed by law.
21. Amendment
21.1. These Terms and Conditions may be amended or updated from time to time
without notice. You are encouraged to review them periodically to stay informed
of any changes. Your continued use of the Platforms after any such changes
constitutes your acceptance of the new Terms and Conditions.