Protecting Your Rights and Interests
Welcome to GEORA's Software and Services (updated January 22, 2023)
By using the software, services, and any other materials provided by GEORA (collectively, the "Services"), you agree to be bound by the following terms and conditions (the "Terms"). If you do not agree to all of the terms and conditions of this agreement, do not use the Services.
License: GEORA grants you a non-transferable, non-exclusive license to use the Services, subject to these Terms and any other written agreement between you and GEORA. You shall not use the Services for any purpose that is prohibited by these Terms or any applicable laws.
Restrictions: You shall not, and shall not allow any third party to, (i) sell, rent, lease, license, sublicense, distribute, host or otherwise commercially exploit the Services, or (ii) copy, reproduce, distribute, republish, download, display, post or transmit any portion of the Services in any form or by any means.
User Accounts and Passwords: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You must notify GEORA immediately of any unauthorized use of your account or any other breach of security.
Data Storage and Backup: GEORA shall use commercially reasonable efforts to maintain the security, integrity and confidentiality of all data stored on its servers. GEORA shall implement and maintain a data backup and disaster recovery program to protect against data loss. However, GEORA shall not be responsible for any loss, corruption or destruction of data, or for any loss of profits, revenue or other economic loss resulting from such loss, corruption or destruction of data.
Compliance with Laws: You shall comply with all applicable laws, rules and regulations thaTop of Formt apply to your use of the Services. You shall not use the Services to engage in any activity that is illegal, fraudulent, or in violation of any third party's rights.
Service Availability: The Services provided by GEORA are available on a 24/7 basis, subject to scheduled and unscheduled downtime for maintenance and updates. GEORA will use commercially reasonable efforts to provide advanced notice of any scheduled downtime, but cannot guarantee that such notice will be provided. Users of the Services acknowledge that there may be interruptions in service and that GEORA shall not be liable for any damages arising from such interruptions.
Service Level Agreement (SLA): GEORA commits to providing a minimum uptime of 99.9% for the Services. In the event of service interruption, GEORA will provide credits to the affected users based on the length and severity of the interruption. If the uptime falls below the committed level, users can contact GEORA's customer support for a credit on their account.
Fees and Payment: You shall pay all fees associated with the Services, including beacon rentals and the sale of goods or services, at the time of the transaction. Businesses that fail to pay fees on time may be subject to additional fees or the termination of their access to the Services.
Financial Transactions: All financial transactions made through the Services, including the rental of beacons and the sale of goods or services, are the sole responsibility of the businesses involved in the transactions. GEORA will not be held liable for any issues related to the payment, fulfillment, or returns of these transactions. Businesses are responsible for complying with all applicable laws and regulations related to financial transactions.
Refund and Cancellation Policy: All financial transactions made through the Services, including the rental of beacons and the sale of goods or services, are final and non-refundable unless otherwise specified by the business involved in the transaction. Cancellations of beacon rentals must be made at least 48 hours before the scheduled rental date to receive a full refund.
Advertising and Partnerships: GEORA may offer businesses the opportunity to rent out promotional space on the Services or to create mutually beneficial partnerships with other companies. Businesses are responsible for complying with all applicable laws and regulations related to advertising and partnerships.
Analytics and Reporting: GEORA provides clients with detailed analytics and reports on the performance of their beacons, including the number of people reached, engagement levels, and ROI.
Consultation and Strategy Development: GEORA works with clients to understand their unique business needs and goals and develops a customized strategy to utilize beacon technology to achieve them effectively.
Limitation of Liability: In no event shall GEORA be liable for any damages whatsoever, including but not limited to, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Services, regardless of the theory of liability (contract, tort or otherwise) and even if GEORA has been advised of the possibility of such damages.
Indemnification: You shall indemnify and hold GEORA, its affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
Dispute Resolution: In the event of any dispute arising out of or related to the use of the Services, the parties involved will first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.
Miscellaneous: These Terms, together with any other written agreement between you and GEORA, constitute the entire agreement between you and GEORA regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. GEORA's failure to enforce any right or provision in these Terms will not be deemed a waiver of such right or provision unless acknowledged and agreed to by GEORA in writing.
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