Last updated: 18 December 2022
These Terms of Use (“Terms”), together with any and all other documents referred to herein, set out the terms of use under which you may use https://soshianest.ai, https://soshianest.com (the “Site”), each owned and operated by Soshianest Enterprise Miner Inc. (“Soshianest”, “we”, “us”, “our”). Please read these Terms carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site. If you do not agree to comply with and be bound by these Terms, you must stop using the Site immediately.
User Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Site.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Marketing Materials
You agree that Soshianest may use your name and logo, regardless of whether registered as a trademark, on the Site and as a part of a general list of our customers for use and reference in corporate, promotional and marketing materials. You hereby expressly acknowledge and agree that our use of your name and logo does not constitute an infringement of your rights, including intellectual property rights.
When you cease to use our Site and related services, we may, at our sole discretion, remove your name and logo from our Site and from our general list of customers for use and reference in corporate, promotional and marketing materials. Notwithstanding the foregoing, we may, at our sole discretion, continue using your name and logo, provided that we expressly refer to you as our past customer, on the Site and as a part of a general list of customers for use and reference in corporate, promotional and marketing materials.
Acceptable Usage Policy
You may only use our Site in a manner that is lawful. You must, specifically, make sure that:
- You comply fully with any and all appropriate local, national or international laws and/or regulations;
- You do not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
- You do not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- You do not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your access to our services if you materially breach the provisions of this clause or any of the other provisions of these Terms. Specifically, We may take one or more of the following actions:
- suspend, whether temporarily or permanently, your right to access our Site;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- any other actions which we deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.
Intellectual Property Rights
All content (including, but is not limited to images, photos, audio, video, location data, nearby places, and all other forms of information or data) on our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labeled otherwise, belongs to or has been licensed by us.
You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use content from our Site unless given express written permission to do so by us or by other platforms generating such content on our Site.
Nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, regardless of whether they are registered or not.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available and possible remedies under applicable laws of the country of violation.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Soshianest and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through our Site or 100.0 CAD if you haven’t made any payments through the Site.
To the maximum extent permitted by applicable laws, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of these Terms), even if we or any of our suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Indemnification
You agree to indemnify and hold Soshianest and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of our Site or our services, (ii) your violation of these Terms; or (iii) your violation of applicable laws or regulations.
We retain 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 cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Privacy Policy
Your use of our Site is also governed by and is subject to our Privacy Policy. This policy is incorporated into these Terms by this reference.
Governing Law and Dispute Resolution
These Terms, and the relationship between you and us, whether contractual or otherwise shall be governed by, and construed in accordance with the laws of the province of British Columbia, and federal laws of Canada.
If you have any concern or dispute with regard to our Site and/or our services, you agree to first try to resolve the dispute informally by contacting us through the details provided in this Terms. If this fails to produce a final outcome to your concern or dispute, then any dispute concerning these Terms, or the relationship between you and us, or any matters arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the exclusive jurisdiction of the courts of the province of British Columbia.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable laws and the remaining provisions will continue to be in full force and effect.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access the Site or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and the services.
Contact Us
If you have any questions about these Terms, please contact us.
