Alibi Technologies Group (ALIBI TECHNOLOGIES INC.) Terms of Use

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Last Updated: April 15, 2021

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Please read the following terms of use (“Terms”) carefully and accept them before using the Services as described below.

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Acceptance of the Terms

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These Terms for our web based software application located at www.alibitech.com and including all sub-domains, linked pages, websites and applications hosted on or connected with it such as any software published by us and hosted on any server, browser, computer, tablet or mobile device (the “Platform”) constitute a legal agreement and are entered into by and between you and ALIBI TECHNOLOGIES INC. (“Alibi”, “we”, or “us”). The following Terms, govern your access to and use, including any content, functionality, and services offered on or through the Platform (the “Services”). By using or accessing the Platform and/or Services, by any means, you agree to be bound at all times by these Terms, which, together with our Privacy Policy, located here, govern the relationship between you and ALIBI TECHNOLOGIES INC. in relation to the Platform and the Services. These Terms affect your legal rights and obligations. If you do not understand the Terms, or do agree to any part of the Terms, please do not access or use the Platform or the Services.

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License to Use

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Subject to compliance with these Terms, ALIBI TECHNOLOGIES INC. grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Platform and/or Services on any device, including the right to install and use software made available by or through ALIBI TECHNOLOGIES INC. to enable you to access and use the Platform and/or Services on or from any device for which such use is permitted by ALIBI TECHNOLOGIES INC.

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Changes to this Agreement

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ALIBI TECHNOLOGIES INC. is constantly improving the Platform and the Services. We reserve the right to alter or withdraw the Services at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Platform and/or Service. We may revise these Terms from time to time and the most current version will always be posted on our website. You understand and agree that we will not notify you of revisions to these Terms and we will assume no liability or responsibility to you for our failure or inability to do so for any reason. By continuing to access or use the Platform and/or Services, you agree to be bound by the revised Terms. If you do not understand or agree to the revised Terms, please stop using the Platform and the Services.

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Age Limitations and Your Responsibility for Minors

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The Services are intended for use only by individuals who are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age or are not the age of majority in your jurisdiction, you are not authorized to use the Platform or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you represent and warrant that you have the express permission of your parent or legal guardian to use the Platform or Services. If you are a parent or legal guardian and have authorized a minor to use the Platform or Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Platform or Services by the minor.

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Accurate Information; Registration and Passwords; URLs

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In consideration of your use of the Platform and/or Services, you agree to: (a) provide accurate information as prompted through the Platform and/or Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or ALIBI TECHNOLOGIES INC. has reasonable grounds to suspect that such information is inaccurate, ALIBI TECHNOLOGIES INC. may suspend or terminate your use of the Platform and/or Services and/or decline to permit your continued use of the Platform and/or Services and future access to the Platform and/or Services.

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To access certain parts of the Platform and/or Services you may be required to open an account with ALIBI TECHNOLOGIES INC. for the Services, meaning you will have to create a username and password and to provide registration information, which includes, but may not be limited to, first and last name, and a valid email address.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

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You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Services credentials. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must notify ALIBI TECHNOLOGIES INC. immediately of any unauthorized use of your password or account or any other breach of security. ALIBI TECHNOLOGIES INC. assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. ALIBI TECHNOLOGIES INC. may require that you change your password prior to accessing the Platform and/or Services at any time.

If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to these Terms.

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Your provision of registration information and any submissions you make to the Platform through any functionality such as purchasing products or content through your cart, interacting with affiliated marketing links found on the Platform and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found here.

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Conditions of Use

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As a condition of your access and use, you agree that you may use the Platform and/or Services only for lawful purposes and in accordance with these Terms.

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- Without limiting the foregoing, you warrant and agree that your use of the Platform shall not:

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- In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found here.

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- In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.

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- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms or our Privacy Policy.

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- Impersonate or attempt to impersonate ALIBI TECHNOLOGIES INC., an ALIBI TECHNOLOGIES INC. employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

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- Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm ALIBI TECHNOLOGIES INC. or users of the Platform and/or Services or expose them to liability.

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- Promote any illegal activity, or advocate, promote, or assist any unlawful act.

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- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

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Changes to Services

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ALIBI TECHNOLOGIES INC. reserves the right to change the scope, pricing, mode and nature of the rights associated with users access to Platform and/or Services, including business models, revenue models, pricing and other terms and conditions, at any time and from time to time; such changes are effective when ALIBI TECHNOLOGIES INC. posts the same to the Platform and/or Services. ALIBI TECHNOLOGIES INC. may, in its sole discretion, change some or all of Platform and/or Services at any time.

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Monitoring and Enforcement, Suspension, and Termination

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ALIBI TECHNOLOGIES INC. shall have the right, but no obligation, to monitor your activities on the Platform and/or Services to determine, in ALIBI TECHNOLOGIES INC.’s sole discretion, compliance with these Terms and any other operating rules we establish.

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We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information, materials, in whole or in part that in ALIBI TECHNOLOGIES INC.’s sole discretion is inappropriate, objectionable or in violation of these Terms.

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ALIBI TECHNOLOGIES INC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Platform and/or Services, whether it is provided by ALIBI TECHNOLOGIES INC., our employees, or a third party. Under no circumstances will ALIBI TECHNOLOGIES INC. be liable for any loss or damage of any kind caused by reliance on information obtained through the Platform and/or Services. Neither ALIBI TECHNOLOGIES INC. nor any third-party content provider shall assume or have any liability for any action or inaction by ALIBI TECHNOLOGIES INC. or any third-party content provider with respect to any conduct, communication or posting on the Platform and/or Services.

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ALIBI TECHNOLOGIES INC. may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation for any reason whatsoever in its sole discretion, including if you breach the Terms, is required by law, or we believe you have participated in conduct that has or could create liability or harm to another user, third party or ALIBI TECHNOLOGIES INC.. ALIBI TECHNOLOGIES INC. may also terminate any portion of the Service if, in ALIBI TECHNOLOGIES INC.’s sole discretion, ALIBI TECHNOLOGIES INC. believes that portion of the Service is no longer commercially sustainable. Upon termination of your account, your license to use the Platform and/or Services will be revoked, and your right to use the Platform and/or Services will immediately cease. If you wish to terminate your ALIBI TECHNOLOGIES INC. account, you may simply discontinue using the Platform and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Third Party Service

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Your use of any third-party service provider in connection with the Platform and/or Services is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Platform and/or Services, you hereby agree to abide by such terms.

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Links

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The Platform and/or Services may provide, or third parties may provide, links to other websites or resources. Because ALIBI TECHNOLOGIES INC. has no control over such platforms and resources, you acknowledge and agree that ALIBI TECHNOLOGIES INC. is not responsible for the availability of such external platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such platforms or resources. You further acknowledge and agree that ALIBI TECHNOLOGIES INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such platform or resource.

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Privacy Policy

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Registration data and other information we collect from you are subject to our Privacy Policy. You understand that through your use of the Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy and in order to provide the Platform and/or Services to you.

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Intellectual Property Rights

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By submitting any feedback to ALIBI TECHNOLOGIES INC. regarding the Platform and/or Services, you are granting ALIBI TECHNOLOGIES INC. an irrevocable, perpetual, non-sublicensable, royalty-free license to use the feedback for its own promotional purposes anywhere in the world.

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Unless you are advised otherwise, everything you see or read on the Platform and/or Services is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Alibi and may not be used except as provided in these Terms without the written permission of ALIBI TECHNOLOGIES INC.

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Images displayed on the Platform and/or Services are either the property of, or used with permission by, ALIBI TECHNOLOGIES INC.. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Platform and/or Services. Any unauthorized use of such images or other content may violate the law.

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The trade-marks and logos (collectively the “Trademarks”) displayed on the Platform and/or Services are registered and unregistered Trademarks. Nothing contained in the Platform and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. ALIBI TECHNOLOGIES INC. reserves the right to enforce its intellectual property rights where applicable.

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Release and Indemnity

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You will indemnify, defend, and hold harmless ALIBI TECHNOLOGIES INC., its agents, shareholders, officers, directors, and affiliated entities (the “Alibi Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Service, any breach of these Terms or from any representation or warranty contained in these Terms and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the Alibi Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.

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You hereby expressly and irrevocably release and forever discharge ALIBI TECHNOLOGIES INC., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and/or Services.

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In no event shall ALIBI TECHNOLOGIES INC. be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Platform and/or Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).

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Disclaimer of Warranties

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THE PLATFORM, SERVICES AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY ALIBI TECHNOLOGIES INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALIBI TECHNOLOGIES INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALIBI TECHNOLOGIES INC. DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, ALIBI TECHNOLOGIES INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CAMPAIGN OR THE USER SOCIAL MEDIA ACCOUNTS AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALIBI TECHNOLOGIES INC. IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS IN THE SERVICES OR THE SOCIAL MEDIA ACCOUNTS. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES AND/OR SOCIAL MEDIA ACCOUNTS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. ALIBI TECHNOLOGIES INC. DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES OR THE PLATFORM OF SHOPIFY OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF ALIBI TECHNOLOGIES INC. ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, ALIBI TECHNOLOGIES INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND 2689502 ONTARIO INC., OR BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

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Security of the Services

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ALIBI TECHNOLOGIES INC. maintains reasonable safeguards and personnel policies that are designed to guard the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Services, ALIBI TECHNOLOGIES INC. may make use of firewall barriers, encryption techniques and/or authentication procedures.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while ALIBI TECHNOLOGIES INC. strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, ALIBI TECHNOLOGIES INC. will notify you as necessary in accordance with applicable laws so you can take appropriate protective steps.

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Electronic Communications

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When you use the Services or send emails to ALIBI TECHNOLOGIES INC., you are communicating with us electronically. You consent to receive communications from ALIBI TECHNOLOGIES INC. electronically. ALIBI TECHNOLOGIES INC. may communicate with you by email or by posting notices on the Platform and/or Services. You agree that all agreements, notices, disclosures and other communications that ALIBI TECHNOLOGIES INC. provides to you electronically satisfy any legal requirement that such communications be in writing.

Conflict with Other Agreements

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These Terms are in addition to, and do not nullify, any other agreement between you and ALIBI TECHNOLOGIES INC. or any other applicable terms and conditions found on the Services. In the case of any direct conflict between these Terms and any other agreement between you and ALIBI TECHNOLOGIES INC., the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services.

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Void where Prohibited by Law

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ALIBI TECHNOLOGIES INC. administers and operates the Platform and Services from its location in Ontario, Canada. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. ALIBI TECHNOLOGIES INC. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Platform and/or Services from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

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Miscellaneous

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No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind ALIBI TECHNOLOGIES INC. in any respect whatsoever. The failure of any party to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder. ALIBI TECHNOLOGIES INC. shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond ALIBI TECHNOLOGIES INC.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). ALIBI TECHNOLOGIES INC. may transfer, assign or delegate the Terms and its rights and obligations without consent.

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Survival

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Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.

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Severability

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The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.

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Governing Law and Language

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These Terms are made under and governed by and are to be construed in accordance with the laws of Province of Ontario and the federal laws applicable therein. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of this Agreement. To the extent that applicable local law prevents certain disputes from being resolved in an Ontario court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Ontario law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, region or other place of residence.

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User Data

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Our Platform and/or Services will maintain certain data that you transfer to the Platform and/or Services for the purpose of the performance of the Services, as well as data relating to your use of the Platform and/or Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Platform and/or Services. You agree that ALIBI TECHNOLOGIES INC. shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against ALIBI TECHNOLOGIES INC. arising from any such loss or corruption of such data.

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Feedback/Notices

 

All notices or other correspondence to ALIBI TECHNOLOGIES INC. under this Agreement must be sent to the following electronic mail address for such purpose: support@alibitech.com

 

If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us here.