Nextqore, Inc. and its subsidiaries (“Nextqore”, “we”, “us”, or “our”), are engaged in the business of providing services in the space of Internet of Things, and all such other services as may be determined by Nextqore (“Services”). These Terms of Use (“Terms”) govern the access and use of Services”), and using any product, service or feature (the “Materials”) made available by us.

The interested customers (“Customers” or “you”) accessing and using our Services and Materials, hereby agree to be bound by these Terms. These Terms, together with the privacy policy (“Privacy Policy”) and any other terms specifically referred to in any of these documents, constitute a legally binding agreement (the “Agreement”) between the Customers and Nextqore in relation to the access and use of the Services.

This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.

1. Eligibility

Access and use of the Services is not permitted where it is prohibited by law. By accessing and using the Services, the Customer represents and warrants that:

a. the Customer is a person who can enter into a legally binding agreement as per the laws of the jurisdiction where the Customer is situated;
b. in case the Customer is representing a corporation or any other entity, such entity is duly organized and validly existing under the applicable laws where such entity is situated and the person is duly authorized to represent such entity;
c. the Customer is not barred by any applicable law for the time being in force; and
d. the Customer has obtained all such licenses and authorizations which are in full force and effect to enter into the Agreement; and
e. the Customer has ownership of digitized asset or contract to manage the digitized asset and will continue to hold such contract during the usage period.

2. Right to Use

Subject to the terms and conditions set forth in these Terms, Nextqore grants you a non-exclusive, non-transferable, limited right to access and use the Services and the Materials offered by us. You agree not to interrupt or attempt to interrupt the Services or our operation in any manner. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Nextqore.

3. Restrictions on Use

The Customers shall not use the Services and Materials in order to transmit, post, distribute, store, modify or destroy material, including without limitation, content provided by Nextqore:
a. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country;
b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of third parties, or violate the privacy, publicity or other personal rights of Nextqore and/or third parties;
c. that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Customers and/or Nextqore, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
d. to post false, inaccurate, misleading, defamatory, or libelous content (including Personal Information);
e. to upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
f. to advertise or offer to sell or buy any goods or services for any business purpose.
g. The Customer shall indemnify and hold harmless Nextqore from any claims and loss incurred by Nextqore as a result of your violation of this Agreement; and
h. the Customer acknowledges that Nextqore may, at its sole discretion, monitor, remove or edit any content that the Customer contributes on our unified resource locators built and made available for the Services (“URL”). Nextqore may also pursue remedies available to it under law for any violation of this Agreement.

4. No Warranties

The Services, the information and Materials, and any software made available by Nextqore, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-
infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is no warranty on behalf of Nextqore that its URL will be free of any computer viruses.

5. Third Party Content

The URL, Services and Materials may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services (“Third-Party Sites”). Nextqore shall not be responsible for any problems resulting from use of any third-party services, or suffers data loss or other losses as a result of problems with any of the other service providers or any third-party services.

These Third-Party Sites are in no way integrated with Nextqore and the inclusion of any link hereon does not imply Nextqore’s affiliation or endorsement of the Third-Party site, their business practices (including their privacy policies) or any information therein.

6. Additions and Alterations to Terms of Use

Nextqore reserves the right to add to or alter these Terms from time to time. We will inform you of such additions/alterations through e-mails, messages to your account, or through other means available. These additions/alterations will become effective from the date mentioned in such notification. Continued access and use of the Services and Materials following any such modification
constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue access and use of the Services and Materials.

7. Disclaimer; Limitation of Liability

Customer acknowledges that the internet is an unsecure, unstable, unregulated, unorganized and unreliable environment, and that the ability of Nextqore to deliver Services is dependent on the internet and equipment, software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption system developers and other vendors and third parties. Nextqore shall not be liable for any additional charges and/or fees imposed by such third parties (including but not limited to any additional charges imposed on roaming by telecommunications carriers) on the Customer. Further, Nextqore does not warrant that the Services will operate without interruption or delay and/or be error free. In no event shall Nextqore be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business
interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, Services, Materials, and functions of any linked Third-Party Sites, even if Nextqore is expressly advised of the possibility of such damages.

8. Indemnification

The Customer agrees to indemnify and hold harmless Nextqore, its employees, officers, directors and affiliates against any and all liability (including losses, damages, recoveries, deficiencies, interest, penalties and reasonable attorney’s fees) relating to Customer’s access and use of the Services and Materials in any manner, including without limitation of the foregoing, any action the Customer takes which is in violation of the terms and conditions of these Terms and against any applicable law.

9. Jurisdiction

These Terms shall be governed by and interpreted and construed in accordance with the laws of the State of Delaware, United State of America (USA). You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in the State of Delaware, USA.

10. Contact Us

If the Customers have any questions concerning Nextqore, this Agreement, the Services, or anything related to any of the foregoing, our customer support can be reached at the following email address: [email protected]