Terms and Conditions

Terms and Conditions

Last updated: November 25, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named neodeliver

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Belgium

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Neodeliver SRL, Rue de la Colonne 1A.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Goods refer to the items offered for sale on the Service.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

Order(s) mean a request by You to purchase Goods from Us or to Subscribe to our service(s).

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Products refer to any sold item such as Good and/or Subscriptions.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Post Content any text, file, media or other type of content saved within your account or communicated through your account.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders

By placing an Order for Products through the Service, you warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card and Your billing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods and Subscriptions on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Products purchased are subject to either a one-time payment or recurring payments, depending on the type of product purchased. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, SDD, or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscription period

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal only through Your Account settings page. You will not receive a refund for the fees You have already paid for Your current Subscription period, but You will retain access to the Service until the end of the current Subscription period. If You request that we cancel Your Subscription on Your behalf, we reserve the right to refuse, as cancellations are expected to be managed directly through the Application.

Our rights to cancel orders

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability

• Errors in the description or prices for Goods

• Errors in Your Order

We reserve the right to refuse or cancel Your Order at our sole discretion, for any reason, including but not limited to suspected fraud, unauthorized transactions, illegal activities, or any other circumstances deemed necessary by us.

Downgrade Subscription

If You choose to downgrade Your Subscription plan, the downgrade will take effect immediately. However, You will not be eligible for any refunds or credits for the price difference between the previous plan and the new plan. It is Your responsibility to manage the timing of the downgrade. To avoid being charged for the higher plan during the next billing cycle, You must ensure that the downgrade is completed before the Subscription renews. The Company will not be liable for any charges incurred due to delayed downgrades.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company reserves the right to implement changes to Subscription fees without prior notice, and it is Your responsibility to review the applicable fees periodically. You may choose to terminate Your Subscription if You do not agree with the updated fees.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, any Products you purchase are non-refundable, and you will not be entitled to request or receive refunds under any circumstances. This applies to all orders, including but not limited to digital content, credits, or subscriptions.

However, at our sole discretion, we reserve the right to issue refunds or cancellations in exceptional cases as determined by us. This does not constitute a right or expectation for such refunds.

By placing an Order, you agree to these terms and waive any right to request a refund unless explicitly granted at our discretion.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

Eligibility to Use the Service

By accessing or using the Service, you represent and warrant that:

1. Age Requirement: You are over the age of 18. The Company strictly prohibits individuals under the age of 18 from using the Service.

2. Jurisdictional Restrictions: You are not located in, based in, or otherwise associated with comprehensively embargoed or sanctioned jurisdictions.

3. Legal Compliance: You are not subject to any laws or regulations, whether in the United States or any other applicable jurisdiction, that prohibit the use of the Service.

4. Prohibited Lists: You are not included in any lists maintained by the United States or other applicable jurisdictions that restrict transactions or the export of products or services to certain individuals, entities, or regions.

By using the Service, you affirm that you meet all these eligibility criteria. Failure to meet these criteria may result in the immediate suspension or termination of your account without notice.

Secure account

When You create an account with Us, You must provide Us 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 Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

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.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark 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.

Account Disputes

We are not responsible for resolving disputes over account ownership or access. You agree not to seek access to an account or its information unless you are the rightful owner. Any conflicts regarding ownership must be resolved directly between the involved parties without our involvement.

When determining account ownership, we may consider various factors at our own discretion. If no one associated with the account can be reached within 5 business days to confirm or dispute a transfer request, we may proceed with the transfer based on the available information. In such cases, we are not liable for any consequences resulting from an incorrect ownership transfer.

To safeguard the account and its data, we reserve the right to temporarily restrict access to any account involved in a dispute. This may include disabling login credentials or suspending usage rights until the matter is resolved.

Rules and Acceptable Usage

General Guidelines

By agreeing to these Terms, you commit to adhering to the following rules:

1. You will not send unsolicited bulk messages or spam.

2. You will refrain from using third-party, rented, or purchased email address lists.

3. You will make reasonable usage of our API’s.

Our platform prohibits accounts that encourage or promote harm, discrimination, or harassment. As such, we reserve the right to suspend or terminate accounts found to violate this rule through actions such as:

• Encouraging Violence: Any form of communication, including images or statements, that could be interpreted as encouraging physical harm or violence.

• Promoting Hate: Content that targets or discriminates against individuals based on factors such as race, ethnicity, nationality, gender identity, religion, age, disability, or immigration status.

We may also act against accounts associated with individuals or organizations that publicly advocate or align themselves with such harmful ideologies or principles.

Additionally, distributing false or misleading content intended to deceive others about significant topics, events, or issues is prohibited.

Violations of these rules may result in warnings, account suspension, or permanent termination at our discretion.

Reporting Violations

If you suspect a violation of these Terms, please notify us immediately. Spam reports can be sent to our designated Abuse Team.

Bandwidth Usage

The resources we provide, including image and data hosting, are exclusively for your use of our Service. Hosting unrelated content on our servers is prohibited. We reserve the right to limit your bandwidth or API usage if necessary.

Legal and Regulatory Compliance

By using our Service, you confirm that your activities comply with all applicable laws and regulations, including but not limited to data protection laws, anti-bribery and corruption laws, and export control regulations. If your use of the Service involves collecting personal information from minors, you must ensure compliance with local laws and obtain any required consents.

You are solely responsible for ensuring that our Service meets any legal or regulatory requirements relevant to your activities. If regulations such as HIPAA or GDPR apply to your use of the Service, you accept that we are not liable for compliance failures.

In using the Service, you agree to:

1. Clearly display a privacy notice on your platforms that aligns with applicable data protection laws.

2. Obtain all necessary permissions for data collection, processing, and sharing.

3. Follow all rules related to obtaining consent, content distribution, and the deployment of tracking technologies like cookies and pixels.

Global Trade Compliance

You agree not to use, export, or transfer the platform, its services, or software in violation of applicable trade laws, including those of the United States and other jurisdictions.

Content

Your Right to Post Content

Our Service allows You to communicate Content. You are responsible for the Content that You communicate through the Service, including its legality, reliability, and appropriateness.

By communicating Content through the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

• Impersonating any person or entity including the Company and its employees or representatives.

• Violating the privacy of any third person.

• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@neodeliver.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

• Your address, telephone number, and email address.

• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at support@neodeliver.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Company Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Third-Party Services

SMS Services through Telnyx

All SMS messages sent through our platform are processed via Telnyx. By using the SMS feature, you acknowledge and agree that Telnyx will receive all necessary information to facilitate the sending of messages. We are not responsible for any delays or failures in SMS delivery, including those caused by required actions on our Telnyx account. Additionally, by using the SMS feature, you agree to comply with Telnyx’s terms and conditions, which govern the use of their services.

AI Services through OpenAI

All AI-powered features within our platform are facilitated by OpenAI. By using our Service, you acknowledge and agree to comply with OpenAI’s terms and conditions, which govern the use of their artificial intelligence services. Your use of these features constitutes acceptance of their policies.

Use of Other Third-Party Services

We reserve the right to collaborate with additional third-party service providers as necessary to ensure the proper functioning of our Service and marketing campaigns. By using our platform, you acknowledge and agree that we may share relevant data with these third parties to facilitate the operation and delivery of the features and functionalities you use. Any such data sharing will be conducted in compliance with applicable laws and our Privacy Policy.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Third-Party Service Performance

We are not responsible for any performance issues, failures, delays, or disruptions caused by third-party services integrated with our platform, including but not limited to Telnyx, OpenAI, or any other service providers we work with. This includes situations where such issues arise due to limitations, restrictions, or under-provisioning of our accounts with these third-party services. By using our platform, you acknowledge and accept that the availability and performance of certain features depend on the proper functioning of these external services.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Such termination will not be subject to any refunds for fees already paid; however, the Company reserves the right to issue refunds at its sole discretion in exceptional circumstances.

Legal Provisions and Liability

Limitation of Liability

To the maximum extent permitted by applicable law, you acknowledge and agree that:

1. Assumption of Risk: You assume full responsibility for any loss or damage that may arise from your use of the Service, including but not limited to data loss, business interruption, or loss of profits.

2. Exclusion of Liability: The Company, its affiliates, suppliers, licensors, and partners shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind under any circumstances. This includes, without limitation, damages for loss of data, profits, revenue, business opportunities, goodwill, anticipated savings, or personal injury, even if we have been advised of the possibility of such damages.

3. Content Responsibility: You are solely responsible for the Content you create, manage, or send through the Service. The Company shall not be held liable for any Content you distribute or any consequences arising from it. This includes ensuring compliance with applicable laws and obtaining necessary permissions, including consent for communication, where required by law.

4. Relationship with Contacts: The Company is not liable for your interactions or relationships with your Contacts, including but not limited to your collection of personal information, obtaining consent to communicate, or how you use the Service to interact with them. You are solely responsible for ensuring compliance with applicable laws when using the Service, and it is your responsibility to consult legal professionals to ensure compliance.

5. No Liability for Violations: The Company shall not be liable for any losses, damages, or claims arising from your use of the Service in violation of these Terms, regardless of whether your account is terminated or suspended as a result.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In these jurisdictions, the Company’s liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and protect the Company and our team from any claims, liabilities, losses, damages, judgments, fines, or expenses, including reasonable legal fees and costs, arising from:

1. Any claims made by you that are excluded under the “Limitation of Liability” section or any other provision of these Terms.

2. Any issues related to your Content, Campaigns, or use of Sites created or managed through the Service.

3. Your use of the Service, or the use of the Service by any third party accessing it through your account or credentials.

4. Your violation of any applicable laws, regulations, or third-party rights.

5. Claims by third parties alleging that your actions or those of someone using your account violate these Terms.

6. Any misrepresentation or false information provided by you.

7. Breaches of these Terms or any warranties or representations you have made to the Company.

8. Your use of any artificial intelligence models or tools made available through the Service, including any Outputs generated, and any failure to comply with the relevant provisions of these Terms.

9. Any subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account. These may include attorney fees, employee time spent retrieving records, preparing documents, and participating in depositions.

This indemnification obligation includes, but is not limited to, reimbursing the Company for all costs, legal fees, and expenses incurred in defending against or resolving such claims. By agreeing to these Terms, you accept full responsibility for ensuring that your actions and use of the Service comply with all applicable laws and regulations.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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 law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

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 or use Our Service 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 website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@neodeliver.com

By visiting this page on our website: https://www.neodeliver.com/support