TERMS OF SERVICE

As of March 2022

This Privacy Policy is a binding agreement between you and East End Technologies Ltd. (the “Company”). By using our Services (as defined in our Terms), you agree to be bound by our Terms and this Privacy Policy in their entirety. If you do not agree to be bound by our Terms and this Privacy Policy, you are prohibited from using our Services.

Section 1. Definitions. The following capitalized terms used herein have the following meanings:

“Apps” means our mobile application products and all features and functions thereof.

“Company Parties” means the Company, our affiliates, partners, Third Party Product providers, and any of the employees, directors, representatives, or agents of any of the foregoing.

“Content” means any content such as images, written word, logos, marks, design treatments, advertising, data, links, articles, videos, music, sound, graphics, and any software.

“Intellectual Property Rights” means, collectively, all worldwide copyright, trademark, trade secret rights, and all rights related to issued and pending patents, and all registrations and applications for registrations (including patent reissues, divisions, continuations, continuations-in-part, renewals and extensions), as well as, moral or similar rights

“Paid Features” means any portion of our Services that you must pay us to use.

“Privacy Policy” means our privacy policy available here.

“Services” means our Apps and Sites.

“Sites” means our websites, including www.eastendtech.ky, and those websites we operate in conjunction with our Apps and all features and functions thereof.

“Terms” means this agreement that you are reading right now.

“Third Party Products” means Content, features, functionality, Services, products, and/or software made available from a third party (i.e., not the Company).

“Update” means any change to our Services, such as the functionality or features of such Services, and updates to our software or Content.

Section 2. Use of our Services. You may only use our Services if you agree to these Terms and our Privacy Policy. If you use our Services, you will be deemed to have read and agreed to have been bound by these Terms and our Privacy Policy. If you violate these Terms or our Privacy Policy, we may terminate or suspend your use of our Services. By using our Services, you represent and warrant to us that you have the full right, authority, and capacity to agree to these Terms and our Privacy Policy. If you cannot make these representations and warranties, you may not use our Services. Some of our Services may be subject to additional legal terms which will be available to you at the time of your use of or registration for such Services. Any such additional terms shall be deemed a part of these Terms, but if there is a conflict between these Terms and such additional terms, the additional terms will control.

Section 3. Services License. Certain of our Services, such as our Apps, are comprised of software that requires you to download it to your computer in order to use them. Subject to these Terms, we hereby grant you a limited revocable, non-sublicensable, non-transferable, non-exclusive license to download, access, install and use such downloadable portions of our Services, solely for your individual personal use, on to a computer owned by you or for which you have all necessary rights to use in your personal capacity. Any other use of the downloadable portions of our Services is strictly prohibited and constitutes a material breach of these Terms.

Section 4. Use Restrictions. When using our Services, you agree that you shall not:

Violate any law, rule, or regulation in connection with your use;
Disrupt or impair the functionality of our Services;
Access our Services other than through the mechanisms we provide to you;
Misrepresent yourself or your identity;
Copy, reverse engineer, decompile, or modify our Services;
Transmit, publish, post, upload, or distribute through our Services any Content that:
- Contains viruses, worms, trojan horses, corrupted files, spyware, or any similar software programs;
- Violates any Intellectual Property Rights;
- Is defamatory, libelous, vulgar, obscene, offensive, inappropriate, profane, hate speech, unlawful, sexually explicit or other inappropriate.

We are the sole determiners of whether you have violated the above use restrictions and our determination is final and binding on you in all cases.

Section 5. Updates. From time to time we may Update our Services and you agree to such Updates or, if you do not, you agree to terminate all use of our Services. You agree to only use the latest version of the Services that we provide to you. You agree that we may make Updates via automatic download to your computer or mobile device. You agree to bear all of your costs in connection with any Updates we make.

Section 6. About Our Services. Our Apps are principally focused on search and discovery functionality that allows you to access Content, perform Internet searches, discover new services and functionality, including our Services, across the Internet. For the most part, our Sites are online extensions of the functionality of our Apps or provide information to you about our Apps. Certain of our Services are provided to you through extensions and browser settings. Depending on which of our Services you choose to use and the options you elect to use, our search functionality may set your start page, new tab page, browser homepage, and/or default search setting(s). In some cases, we may provide you with the ability to decline and/or opt-out of these settings at your discretion.

Section 7. Registration. Some of our Services require you to register before use. If registration is required, you agree that all information you provide to us is true, accurate, current, and complete. You also agree to update your information if there is any change to it no later than the next time your use such Services. Any use by us of the information you provide us will be subject to the terms of our Privacy Policy. If you are required to create or are issued a username and password in connection with your registration for our Services, you are responsible for maintaining the confidentiality of such information and protecting it from use by others. You agree that you are responsible for any transactions conducted using such username and password, regardless of how that use occurred. If you become aware of any unauthorized use of your username and password, you agree to immediately notify us and we may terminate or suspend your registered account and any transactions conducted through such account.

Section 8. Third Party Products. Some of our Services may link to or have Third Party Products embedded within them. We do not endorse or make any warranty with respect to Third Party Products. The legal terms of the provider of such Third Party Products shall control your use the Third Party Products, including any transactions undertaken through such Third Party Product. Use of Third Party Products is at your own risk. If you use Third Party Products, then you consent to our transfer of your Content, including your personal information, to the provider of such Third Party Product. Any questions or issues related to a Third Party Product should be directed to the provider of such Third Party Product.

Section 9. Paid Features. We will advise you at the point of purchase if there is a Paid Feature and you can decide at that time whether to proceed with or decline the transaction. If you proceed with the transaction, you are consenting to all charges and fees presented to you and for us to charge your method of payment (e.g., your credit card) for such Paid Feature. Some Paid Features are subscription-based and will continue to charge you on a recurring basis until you cancel them, as will be described to you at the point of purchase. All transactions shall be in U.S. Dollars. If any Third Party Products require payment, the legal terms of the provider of such Third Party Products shall control such transaction. You agree that we can record and retain your payment method information and use such information to charge you for Paid Features. We will record and retain an electronic copy of your consent for your credit card to be charged as evidence of your acceptance of the charges incurred by you. We reserve the right to change, alter, amend, and/or cease charging a fee for Paid Features upon notice to you. If you do not agree to the modified payment terms, your sole recourse is to terminate your use of the Paid Features.

Section 10. Content. All Content provided on or made available through the Services is the property of the provider of such Content. If you did not provide such Content you agree that you do not own it or have any rights to use it other than as set forth in these Terms. We make no representations or warranties with respect to the Content provided via our Services, including as to the truthfulness or accuracy thereof. You agree that your access to and use of the Content is at your sole risk and if you do not like the Content you are accessing or using, your sole recourse is to cease using the Services. We may change the Content provided on or made available through the Services at any time in our sole discretion. If our Services allow you to post or upload Content, you assume full responsibility for it, represent and warrant that you have all necessary rights with respect to it, and agree that we have no liability to you with respect to any use of such Content.

Section 11. Ownership. We own all the Services and our Content, including all Intellectual Property Rights therein. You shall not copy, modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of our Services or Content or any Intellectual Property Rights we have therein. All rights not expressly granted hereunder are expressly reserved to us and our licensors. Third Party Products and third party Content contained within or accessible through our Services, are owned by the applicable third party (and not you). You should consult the legal terms of the provider of such Third Party Products and third party Content to understand your rights, if any, with respect thereto. You own your Content, but by posting your Content to our Services, you grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, store, transmit, distribute, and publish your Content in any form, medium or technology (whether now known or later developed) for any purpose we choose. We reserve the right to remove any of your Content from our Services at any time and for any reason.

Section 12. Open Source Software. Some of our Services may utilize open source software. Such open source software may be subject to one or more of the open source software licenses attached hereto as Exhibit A.

Section 13. Copyright Claims. If you have a good faith belief that your copyright has been violated by virtue of our Services or our Content, you may submit a claim notice to us at support@eastendtech.ky. The claim notice must include the following components:

The signature (whether physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest;
Contact information for you, such as your address, phone number, and, if available, an email address;
A description of the Content you claim infringe upon your copyrights, including information (e.g., a screenshot) sufficient for us to locate it within our Services;
A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by you, your agent, or the law;
A demand that such allegedly infringing Content be removed or access disabled; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you do not meet the above requirements, then applicable law allows us to disregard your notice. Be advised that, per 17 U.S.C. 512(f), knowingly making a material misrepresentation that online Content or activity is infringing or that Content or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation.

If we remove your Content in response to an infringement complaint, we may provide you with information regarding the complainant. You can contest our decision by writing to us at support@eastendtech.ky. Pursuant to 17 U.S.C. 512(g)(3), your notice of contest must include:

Your signature or the person authorized to act on behalf of your behalf (whether physical or electronic);
Contact information for you, including address, phone number, and an email address;
Your consent to adjudicate your claim in the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person;
A description of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled within our Services; and
A statement under penalty of perjury, that you that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled.

Section 14. Disclaimers. All of our Services and our Content is provided to you “as-is” and “as available” without any representation or warranty of any kind. We disclaim all warranties of any kind, including without limitation, warranties of title, non-infringement, and implied warranties of merchantability and fitness for a particular purpose. You bear the entire risk in connection with your use of our Services and our Content.

Section 15. Limitation of Liability. Under no circumstances shall any of the Company Parties be liable to you for any damages arising out of these Terms, your use of or inability to use any of our Services, our Content, Third Party Products, or third party Content, regardless of how such damages are classified (i.e., direct, indirect, consequential, special, punitive, incidental), even if we have been advised of the possibility of such damages. If applicable law prevents the complete limitation of liability to $0, then you agree that our maximum liability to you arising out of any claim shall be limited to $50 or the least amount permitted by applicable law. You agree that we would not have entered into these Terms with you and we would not have provided you with access to our Services and our Content if we could not limit our liability as contemplated by this Section. You also agree that this is a fair allocation of risks and potential damages between you and us.

Section 16. Indemnity. You agree to indemnify, defend and hold harmless each of the Company Parties and their successors and assigns from and against any claims, suits, proceedings, demands or actions and any damages, losses, costs, expenses or settlement fees incurred in connection therewith (including reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or relating to (i) any breach or alleged breach by you of any of your representations, warranties, or covenants provided in the Terms; or (ii) your bad faith, negligence, or willful misconduct. You agree that we may assume and control the defense of any claim for which you owe an indemnity obligation hereunder and, in such case, you agree to pay for our costs incurred connection with doing so and to fully cooperate with us in the defense of any such claims.

Section 17. Children. Children under the age of 13 (or 16 if you are a resident of the European Economic Area) are prohibited from using our Services in all respects. You represent and warrant you are over the applicable age by agreeing to these Terms. If you are not yet 18 years of age, you may only use our Services if your parent or legal guardian has consented to these Terms on your behalf. If you believe a person under the applicable age above is using our Services, please notify us immediately.

Section 18. International Usage. We make no representation and/or warranty that our Services are appropriate, legal or available for use in any particular jurisdiction under its applicable laws. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Section 19. Termination. We can terminate these Terms and/or the provision of the Services and our Content at any time without notice to you. You can terminate your use of the Services and our Content at any time by ceasing to use the and deleting them from your computer or mobile device. All licenses you grant to us with respect to your Content shall survive the termination of these Terms and/or the use of our Services. Termination is your sole and exclusive remedy under these Terms for any reason, except as set forth in Section 13 hereof.

Section 20. Governing Law; Arbitration. This Section materially affects your legal rights, including your right to participate in a class action lawsuit, have a jury hear your claims, and to file a lawsuit in court generally. Please pay particular attention to this Section.

These Terms shall be governed by the laws of Cayman Islands, without regard to its choice of law provisions. Any controversy or claim arising out of or relating to these Terms and/or the Services shall be resolved by binding arbitration. The arbitration shall be conducted in Cayman Islands, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any arbitration undertaken pursuant to these Terms shall be undertaken in accordance with the commercial arbitration rules of the Cayman Islands. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. By selecting arbitration, you are giving up your right to have your claims against us heard and decided by a jury trial and to participate in a class action or other class proceeding against us. If you believe you have a claim or cause of action arising out of these Terms or your use of our Services, you must file such claims within one (1) year of such claim or cause of action arising or you agree you have waived your rights with respect thereto and shall be forever barred from doing so.

Notwithstanding the foregoing, either you or we may seek any interim or preliminary order of relief from a court of competent jurisdiction in Cayman Islands, to the extent necessary to protect rights or property, pending the completion of arbitration. In the event that the arbitration provisions of this Section are held by a court of competent jurisdiction not to be enforceable, you agree that any litigation against us (except for small-claims court actions) may only be commenced in the federal or state courts located in Cayman Islands. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Section 21. General. These Terms and any supplemental terms made a part of these Terms, constitute the entire agreement between you and us and govern your use of the Services and supersedes any prior agreements that you may have with us with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect without alteration. We may modify these Terms at any time, in our sole discretion, by posting such modified Terms on the Services. If you continue to use our Services after the date such modified Terms are posted, you agree that you are unconditionally agreeing to be bound by such modified Terms. Our failure to enforce these Terms or any rights we have hereunder shall not constitute a waiver of that or any other right or provision. We may assign this agreement with you at any time and to any person without limitation. These Terms constitute a personal agreement with you and you agree that you shall not and shall have to rights to assign any rights or obligations arising under the Terms for any reason.

Section 22. Contacting Us. You can contact us as follows:

East End Technologies Ltd
Address: 10 Market St, #1150
Grand Cayman KY1-9006
Cayman Islands
Email: support@eastendtech.ky
Phone Number: 239-256-7491

We can contact you using any contact information you provide to us and through any communication methods included within our Services, as well as email, text message, and push notification. You may opt out of receiving communications by emailing us at support@eastendtech.ky or by clicking the “unsubscribe” link to the extent available in a communication you receive from us. We do not control and shall have no responsibility for communications from third parties. If we are required by state or federal law to notify you of certain events, you agree that the posting of such notice on the Services or delivering them to you through an electronic communication in accordance with these Terms shall be sufficient for all such purposes. You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.