Introduction
1.1. These terms and conditions ("Terms") govern your use of the Mircate software product, including the product information management ("PIM"), loyalty, promotion, and wallet modules (collectively, the "Software").
1.2. By using the Software, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Software.
License
2.1. The Software is provided to you on a limited, non-exclusive license to use the Software for the purpose of managing and promoting your business.
2.2. You are not permitted to:
reproduce, duplicate, copy, sell, resell, or exploit any portion of the Software;
use the Software for any illegal or unauthorized purpose;
access or tamper with non-public areas of the Software or the technical delivery systems of Mircate's providers;
Ownership
3.1. The Software and all intellectual property rights in and to the Software are and will remain the property of Mircate and its licensors.
3.2. No rights are granted to you in relation to the Software except as set out in these Terms.
Warranty and Disclaimer
4.1. Mircate warrants that it has the right to grant the license set out in these Terms and that the Software will perform substantially in accordance with the documentation provided with the Software.
4.2. To the maximum extent permitted by law, Mircate excludes all warranties and representations in relation to the Software and its use.
Limitation of Liability
5.1. To the maximum extent permitted by law, Mircate will not be liable to you in relation to any special, indirect or consequential loss or damage arising out of or in connection with these Terms or your use of the Software.
5.2. Mircate's total liability to you will not exceed the amount you have paid for the use of the Software.
Data Protection
6.1. By using the Software, you agree to Mircate's privacy policy.
6.2. You acknowledge that Mircate may collect, use, store, and process your personal data in accordance with the privacy policy.
Governing Law
7.1. These terms are governed by the laws of the country in which Mircate is incorporated.
General
8.1. These Terms constitute the entire agreement between you and Mircate in relation to the Software and supersede all prior agreements and understandings in relation to the Software.
8.2. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such provision will be severed from the rest of these Terms, which will remain in full force and effect.
8.3. Mircate may make changes to these Terms from time to time and your continued use of the Software after such changes have been made will signify your acceptance of the new Terms.
8.4. Mircate may terminate your use of the Software at any time if you breach any of the terms of these Terms.
8.5. Mircate may, at any time and without notice, modify or discontinue, temporarily or permanently the Software (or any part thereof) with or without notice.
8.6. You must not assign or transfer any rights to use the Software without the prior written consent of Mircate.
8.7. Mircate may assign or transfer any rights to use the Software without restriction.
8.8. You shall comply with all applicable laws and regulations in connection with your use of the Software.
8.9. You shall indemnify, defend and hold Mircate and its officers, directors, employees, agents, affiliates, successors, and assigns harmless from any claims, demands, actions, proceedings, liabilities, losses, damages and expenses, including reasonable attorneys' fees, resulting from any breach or violation of these Terms by you.
8.10. Any disputes arising under these terms will be resolved through binding arbitration in accordance with the commercial arbitration rules of the country in which Mircate is incorporated.