Terms of Use
This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and Holmesai ltd, a [*] corporation (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the products, materials, and services provided through or on the Holmesai ltd website (the “Website”), including any Company-provided computer or mobile software or application (collectively, the “Services”).
1.Acceptance of this Agreement.
1)Acceptance of Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
2)Eligibility to Access the Services.
To use the Website or any other Services, you must be (i) at least 18 years old, and (ii) not a Sanctioned Person as defined hereinafter. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
1. Changes to the Services and this Agreement.
The Company reserves the right to modify this Agreement at its sole discretion without prior notice. The latest version will be posted on the Website and should be reviewed before using the Services. Changes are effective immediately upon posting on the Website and will apply to your use of the Services from that time forward. By continuing to use the Services after changes are posted, you acknowledge and agree to the revised terms and conditions. Check this page regularly to stay informed about updates, as they are binding on you.
The Services may evolve, refine, or gain additional features over time. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. You agree that the Company is not liable to you or any third party for any losses or damages arising from the Services being unavailable, in whole or in part, at any time or for any duration.
2.Policy for Using the Services.
1)Prohibited Uses.
You may use the Services for lawful purposes only and in accordance with this Agreement and with the Company-provided documentation accompanying the Services. You agree not to use the Services in any way that could damage the Services or general business of the Company.
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
a)No Violation of Laws or Obligations. Do not violate any applicable laws or regulations, including intellectual property laws and privacy or publicity rights, or any contractual obligations.
b)No Unsolicited Communications. Do not send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communication, whether commercial or otherwise.
c)No Impersonation. Do not impersonate others or misrepresent your affiliation with a person or entity to mislead, confuse, or deceive others.
d)Compliance with Content Standards. Do not upload, display, distribute, or transmit any material that fails to comply with the Content Standards set forth in this Agreement.
e)No Harming of Minors. Do not exploit or harm minors, including exposing them to inappropriate content or obtaining their personally identifiable information.
f)No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
g)No Unauthorized Access or Security Violations. Do not attempt to gain unauthorized access to the Services or connected systems or networks, breach encryption or security tools, or engage in data mining or interference with any server, computer, database, host, user, or network connected to the Services.
h)No Monitoring, Copying, or Distributing Material. Do not copy, monitor, distribute, or disclose any part of the Services using automated or manual processes, devices, or means. This includes using robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website. Note that the Company grants conditional revocable permission to public search engine operators to use spiders solely to create publicly available searchable indices of the materials, not caches or archives.
i)No Viruses, Worms, or Harmful Software. Do not upload, transmit, or distribute any viruses, Trojan horses, worms, logic bombs, or other malicious materials intended to damage or alter the property of others, including denial-of-service or distributed denial-of-service attacks on the Services.
j)No Reverse Engineering: Don’t decompile or attempt to obtain the source code or underlying information of the Services.
k)No Data Collection: Don’t collect, harvest, or assemble any user data without consent, such as emails, usernames, or passwords.
l)No Interference: Don’t interfere with the proper functioning of the Services.
m)No Assist or Attempt: Don’t attempt or assist others in carrying out any prohibited actions.
n)No Money Laundering: Don’t use the Services for money laundering, illicit activities, sanctions evasion, or any other unlawful purposes.
o)No Circumvention: Don’t use bots, automation, VPNs, or modified devices to circumvent restrictions.
2)Sanctions.
For purposes of this Agreement, “Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the OFAC or the U.S. Department of State, the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom, or authorities in any country in which the Company does business.
“Sanctioned Person” means (a) any person or entity listed at such time in any Sanctions-related list of designated persons maintained by OFAC or the U.S. Department of State or by the United Nations Security Council, the European Union, His Majesty’s Treasury of the United Kingdom, or similar lists maintained by governments in any jurisdiction in which the Company does business, (b) any person or entity operating, organized or resident in a location that is subject to comprehensive Sanctions administered by OFAC at such time, (c) any entity owned or controlled by any such person or entity described in the foregoing clauses (a) or (b) at such time, or (d) any person or entity accessing or using the Services on behalf of persons or entities described in (a)-(c).
3)Consequences of Misuse.
If the Company has a reasonable suspicion that you are creating a risk or possible legal liabilities or not acting in accordance with the terms of this Agreement, the Company may limit, suspend, or terminate your access to the Services, or portions thereof, and/or take technical and legal steps to prevent you from accessing or using the Services. The Company and/or its partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. The Company reserves the right to deny any individual the right to access products that are otherwise available on the Services for any reason, including, without limitation, as a result of information obtained in connection with background checks and whether or not such information is accurate, truthful or complete.
3.Paid Services
1)Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our displayed prices on the Site as we may update them from time to time. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
2)No Refunds.
You may cancel your account at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your account or this Agreement, you understand and agree that you shall receive no refund, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
3)Taxes.
You are responsible for paying any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions with the Services.
4.Third-Party Service Providers
To provide the Services, the Company may use the following service providers. You authorize the Company to share your information with these and other service providers as necessary for the provision of the Services. You authorize these service providers and their affiliates and service providers to use, disclose and retain your personal data in connection with these terms and the provision of the Services and as required by law. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider.
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5.Intellectual Property Rights.
1)Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
2)License to Use the Services.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
3)Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
a)Do not use the Content to build a similar or competitive website, product, or service.
b)Do not copy, publish, display, post, transmit, or distribute the Content except as allowed by features, products, or Services provided.
c)Do not sell, license, transfer, assign, rent, lease, loan, host, or exploit the Content or Services in any way.
d)Do not delete or alter any copyright, trademark, or proprietary notices from the Content.
e)Do not modify, create derivatives, translate, adapt, disassemble, reverse compile, or reverse engineer the Content.
f)Do not use any information retrieval system to create a database, compilation, collection, or directory of the Content or data from the Services.
4)Trademark Notice.
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
6.User Content.
1)User Generated Content.
The Services may let users post or upload content (“User Content”).
You are solely responsible for your User Content. Ensure it complies with the Content Standards. User Content is non-confidential and non-proprietary. You assume the risks of its accuracy, reliability, or any disclosures. The Company is not liable for User Content posted by you or others.
You agree that the Company isn’t responsible for any loss or damage from interactions with other users. Disputes are solely between you and other users, and the Company has no obligation to get involved.
2)License.
You hereby grant the Company an irrevocable, non-exclusive, royalty-free, paid, transferable, perpetual, worldwide license to use your User Content. This includes reproducing, distributing, displaying, performing, creating derivatives, incorporating into other works, and sublicensing, for the Services and business purposes, including promotion and redistribution in any media.
You confirm you have the rights and authority to grant these permissions for your submitted User Content. You waive any claims against us for alleged infringement or misappropriation of proprietary rights. These licenses are subject to our Privacy Policy for any personally identifiable information.
2. Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
a)Violate Laws or Obligations: Break any laws, regulations, or contractual/fiduciary obligations.
b)Promote Illegal Activity or Harm: Promote illegal activity, assist unlawful acts, or cause harm/damage.
c)Infringe Intellectual Property Rights: Violate any intellectual property rights.
d)Defamatory, Abusive, or Objectionable Content: Include unlawful, defamatory, invasive, abusive, threatening, harmful, obscene, vulgar, offensive, or otherwise objectionable material.
e)Sexually Explicit or Discriminatory Content: Promote explicit pornography, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
f)Fraudulent Information or Impersonation: Include false, misleading information or impersonate someone else.
g)False Endorsement: Imply false endorsement by the Company or any other entity.
4)Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
The Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for the performance or non-performance of the activities described in this Section.
7.Assumption of Risk.
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents.
8.Anti Money Laundering
1)You represent and warrant that:
a)You will not use the Services in any illegal manner or for any illegal purposes, in particular not for any purposes related to money laundering, predicate offenses of money laundering, terrorist financing or other activities that violate applicable law,
b)You will not use any proceeds from illegal activities for transactions made in connection with the Services, and
c)You will make no transactions in connection with the Services to facilitate or engage in illegal activities, in particular activities related to money laundering, predicate offenses of money laundering, terrorist financing, Sanctions evasion, or other activities that violate applicable law.
2)You represent and warrant that, at the time of any use of the Services, no criminal or regulatory investigations are pending against you or—where you are not a natural person—against any of your affiliates, members of its managing or supervisory body, other senior executives, or shareholders in connection with your business activities. You represent and warrant that, at the time of any use of the Services, no criminal or regulatory investigations are pending against you or—where you are not a natural person—against any of your affiliates, members of your managing or supervisory body, other senior executives, or shareholders in connection with your business activities.
3)You represent and warrant that, at the time of any use of the Services:
a)You are not included on a Sanctions list of the United States of America, the European Union or any of its member states, or the United Kingdom, nor any Sanctions list in the countries in which you are a citizen, resident, or does business.
b)You are neither acting (i) indirectly (e.g., as proxy or agent) on behalf of a natural or legal person included on a Sanctions list, or (ii) directly or indirectly transferring assets of any kind to a natural or legal person included on a Sanctions list.
c)If you are not a natural person, none of your shareholders who directly or indirectly holds more than 25 percent of its shares is included on a Sanctions list.
d)You understand and abide by U.S. Sanctions and the Sanctions of the country in which you conduct business.
e)You will not engage in any action or use the Services in any way that would cause the Company to violate U.S. Sanctions or the Sanctions of the country in which it is a citizen, resident, or conducts business, including providing software or services to any person in any country subject to comprehensive Sanctions by the United States or any country subject to U.S. Export Administration Regulations and/or any party on a Sanctions list.
f)You will notify Company if you are placed on a Sanctions list or otherwise have reason to believe you may have violated Sanctions and shall cooperate with Company to comply with Company’s legal obligations.
3. Privacy Policy.
You agree that by using the Services you consent to the following privacy policy.
1)Individuals under the Age of 18
Individuals under the age of 18 are not permitted to use the Services. As such, we do not knowingly collect, solicit, or maintain personal data from anyone under the age of 18 or knowingly allow such persons to register for the Services. In the event that we learn that we have collected personal data from an individual under the age of 18, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns. If you are a parent or guardian and you are aware that your child has provided personal data to the Services, please contact us so that we may remove such data. Note that we cannot delete information stored on public cryptographic blockchains.
1) Information Collection
We collect the content, communications, and other information you provide when you use our Services, including when you create an account, initiate the use of the Services, create or share content, and message or communicate with others.
We collect information from and about the computers, phones, and other web-connected devices you use that interact with our Services, and we combine this information across different devices you use.
In order to transfer funds, you may need to provide us and our third-party financial providers or partners with certain account and other payment information, such as information needed to make payment via ACH, wire, electronic checks, cryptocurrency, foreign currency, or any other payment methods. You may agree to your personal and financial information being transferred, stored, and processed by such third parties in accordance with their respective privacy policies.
We collect information about how you use our Services, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency, and duration of your activities.
If you use our Services for transactions of any kind, we collect information about them.
We also receive and analyze content, communications, and information that other people provide when they use our Services.
2) Cookies
We, and our partners, use cookies and similar technologies to give you the best possible content and experience. Cookies are used to remember you and to collect information about how you interact with the Services. If you have an account with the Services, we may link this usage data with other information. You may have the option to either accept or refuse these cookies. If you choose to refuse, you may not be able to use some portions of the Services.
4)Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10.Blockchain
1)Transaction Fees.
You may need to pay fees to other users, the Company, or for blockchain gas charges. The operator is not responsible for these payments. Ensure you have enough cryptocurrency in your protocol-compatible wallet to complete transactions.
3) Financial Risks.
You accept all risks with your financial, cryptocurrency, and crypto asset holdings, staking, and transfers. The Company is not liable for losses related to your personal wallet key, even due to Service errors.
3)Access Issues.
Your access to cryptocurrency assets can be suspended, terminated, or delayed, potentially reducing their value or preventing smart contract completion.
4)Service Risks.
You accept risks of using the Services for cryptocurrency transactions, including hardware, software, internet, and network failures. Services may be suspended or terminated anytime, possibly limiting access to your cryptocurrency assets.
5)Technical Risks.
You understand the risks of cryptographic systems, including hacking and future tech developments. You know how to use cryptographic tokens and understand that you are solely responsible for your private key(s). Losing them will deny you access to your wallet and blockchain resources. The Company is not liable for any loss or unavailability of cryptographic tokens or assets stored on its resources.
6)No Reliance.
The Company does not provide investment advice. Always get independent investment and tax advice from professional advisers before making decisions. You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with third parties. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and third parties. It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Services and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that the operator is not responsible for determining whether taxes apply to the exchanges made under the Services.
11.Third-Party Contents.
The Services may have links to third-party websites, resources, and ads ("Third-Party Links") for your convenience. The Company does not review, endorse, or take responsibility for these links, their content, products, or services. Accessing Third-Party Links is at your own risk and subject to their terms. Investigate as needed before proceeding with any transactions related to Third-Party Links.
4. Termination.
1)Termination.
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
1) Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
5. No Warranty.
The Services are provided "as-is" and "as-available." Use them at your own risk. To the fullest extent allowed by law, they come without warranties, including implied warranties of merchantability, fitness, accuracy, or non-infringement.
The Company and its licensors do not guarantee the accuracy, reliability, or completeness of any content. We do not ensure the Services will meet your needs, be available consistently, be error-free or secure, or be free of viruses. We are not liable for any loss or damage to your device or data from using the Services or downloading materials. We do not endorse or take responsibility for third-party products or services advertised through the Services or monitor transactions between you and third parties.
The Services would not be provided without these limitations. No advice or information, whether oral or written, obtained by you from us through the Services will create any warranty, representation, or guarantee not expressly stated in this agreement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to ninety (90) days from the date of first use.
6. Limitation of Liability.
To the fullest extent allowed by law, the Company and its affiliates, licensors, service providers, employees, agents, officers, and directors are not liable for any damages arising from your use or inability to use the Services, third-party links, or any related content. This includes loss of use, revenue, profit, business, data, goodwill, or any indirect, incidental, or punitive damages, even if foreseeable. Your sole remedy for dissatisfaction is to stop using the Services.
Some jurisdictions do not allow certain exclusions or limitations, so these may not apply to you.
7. Indemnification.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all loss, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
8. Disputes.
1) Informal Process First.
You agree that in the event of any dispute between you and the Company, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
2) Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of Hong Kong, without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly disclaimed by the parties with respect to this Agreement and the transactions contemplated hereby.
3) Dispute Resolution.
Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with [*].
In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including any hearings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
You understand and agree that by entering into these terms, you are waiving the right to trial by jury or to participate in a class action.
4) Limitation to Time to File Claims.
Any cause of action or claim you may have arising out of or relating to this agreement or the services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action or claim is permanently waived and barred.
9. Miscellaneous.
1) Waiver.
Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
2) Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
3) Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
4) Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
5) No Agency, Partnership, or Joint Venture.
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.
6) Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
7) Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
8) Force Majeure.
The Company will not be liable or responsible to you, nor be deemed to have defaulted under or breached the terms of this Agreement, for any failure or delay in fulfilling or performing any of our obligations under these terms or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
10. Contact Information.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to Support@holmesai.xyz.