Terms & Conditions

INNOVEEV MENA FZE / License Number: 28676 / Contact Details: 04 388 7037 / Email: info@innoveev.com / Website: www.innoveev.com

1. Agreement

1.1 - Introduction: This agreement constitutes a legally binding contract between you (referred to as "you") and Innoveev mena fzco, along with its affiliated entities (referred to collectively as the "Licensor"), governing your access to and utilization of the eCommerce Platform of Innoveev and the cloud-based shipping and tracking integration software known as Logi app, inclusive of any associated documentation, including electronic materials designed to aid or supplement the comprehension or application of the software (hereafter referred to as the "Software").

1.2 - Scope of Services: The Software is provided in conjunction with shipping and tracking services, websites, and related services (collectively referred to as the "Services").

1.3 - Acceptance of Terms: By installing, accessing, or otherwise utilizing the Software and our Services, you signify your agreement to be bound by the terms and conditions outlined in this agreement. If you do not agree to all of the terms of this agreement, refrain from installing, accessing, or otherwise utilizing the Software and our Services. Your installation, access, or utilization of the Software and our Services implies full acceptance of the terms and conditions outlined in this agreement.

1.4 - Duration of Agreement: This agreement becomes effective upon your installation or initial access of the Software and our Services and remains in effect until terminated by either party in accordance with the provisions outlined in this agreement.

1.5 - Amendment of Terms: The Licensor reserves the right to modify the terms of this agreement at any time with prior written notice, which may be provided by uploading such updated terms to Innoveev's website at www.innoveev.com. It is your responsibility to review these updates, and your continued access to and utilization of the Software, our websites, or related services will be construed as acceptance of the updated or amended terms.

2. Grant of License

2.1 - License Grant: Innoveev grants you a non-exclusive and non-transferable license, subject to the terms and conditions of this agreement (including the payment of applicable fees), to access and utilize the Software in accordance with the provisions of this agreement (hereafter referred to as the "License").

2.2 - System Requirements: To effectively access and/or utilize the Software, you may require specific equipment and other computer software, as notified by Innoveev from time to time (referred to as "minimum operating specifications"). You are responsible for ensuring that your system meets these minimum operating specifications. It's important to note that meeting these specifications does not guarantee that all features of the Software will meet your requirements.

2.3 - Security of Access Information: You are responsible for maintaining the security of your codes and/or other login information related to the Software. Without limitation, you agree to promptly notify Innoveev of any known or suspected unauthorized access or use of the Software.

3. Updates and Upgrades

3.1 - Availability of Updates and Error Corrections: You are entitled to receive all updates and error corrections that we make available for the Software. These updates and error corrections are considered integral parts of the Software, and your use of them is governed by this agreement.

3.2 - Licensing of Upgraded Versions: Should you wish to license any upgraded version of the Software that we provide, Innoveev will furnish such upgrades upon request. The applicable fee for such upgrades will be specified on Innoveev's website or, if not specified, as otherwise communicated by Innoveev.

4. Services

4.1 - Provision of Training: Innoveev (or its representative) will provide training in a manner and at times deemed appropriate by Innoveev, at its sole discretion. Should additional payment be required for requested training, you will be notified beforehand.

4.2 - Technical Support: Innoveev will provide technical support in a manner deemed appropriate by Innoveev, at its sole discretion. Technical support services are included in your License fees.

4.3 - Remote Access: Should Innoveev request remote access to your systems for technical support services (including updates or error corrections), you must ensure such access is provided at reasonable times as requested.

4.4 - Unsupported Versions: Innoveev will not be liable to provide technical support services for versions of the Software that are no longer supported. Notice of unsupported versions will be provided at least three months in advance (notified through publication on Innoveev's website).

4.5 - Use of Sub-contractors: Innoveev may engage subcontractors to perform technical support services.

4.6 - Payment Obligations: In consideration of the obligations outlined in this agreement, you agree to pay Innoveev the annual or monthly subscription fee specified on Innoveev's website or as otherwise communicated to you. Payment is due within 30 days from (i) your initial access of the Software or (ii) the end of your free trial period. Additionally, if you add user accounts under your account, you are responsible for associated fees in accordance with this clause.

4.7 - Non-Refundable Fees: Fees are non-refundable and non-cancelable.

4.8 - Variation of Fees: Innoveev may adjust subscription fees upon one month's written notice to you (provided through publication on Innoveev's website). Updated fees will apply to your next applicable payment.

4.9 - Payment Method and Taxes: All fees and charges must be paid by credit card, automatic bank payment, electronic funds transfer, or other methods specified by Innoveev. You are responsible for paying all applicable taxes, duties, and other charges in addition to our fees.

4.10 - Standard Rates: References to Innoveev's standard or current rates will be those communicated to you via notice (published on Innoveev's website). Innoveev may adjust its standard rates upon written notice to you.

4.11 - Late Payments: If full payment of any invoiced sum is not made by its due date, Innoveev may:
4.11.1 Add a Late Payment Penalty Fee on the outstanding amount.
4.11.2 Withhold further Services (including training and/or technical support) until full payment is received.
4.11.3 Temporarily or permanently deactivate your access to the Software and terminate this agreement if full payment has not been made within 5 business days of notice.

5. Ownership

5.1 - Warranty: We assure you that we have the necessary intellectual property rights in the Software to grant you the License.

5.2 - Copyright Protection: The Software is protected by copyright and other proprietary rights, and they belong to us. We reserve all rights to the Software.

5.3 - Intellectual Property Rights: Any intellectual property rights developed during this agreement related to the Software or our Services exclusively belong to us. If any such rights would automatically belong to you under applicable laws, you agree to assign them to us without reservation and cooperate with us to protect and utilize these rights.

5.4 - Limited Rights: Except as expressly stated in this agreement, you do not have any rights or license to use the intellectual property rights in the Software or any other proprietary rights owned by us or our licensors.

5.5 - Protection of Rights: You agree not to do anything that could damage or endanger our rights in the Software, and you won't allow others to do so either.

5.6 - Use with Third-Party Software: You won't use the Software in connection with other software or data if it violates the intellectual property rights of a third party.

5.7 - Third-Party Software: Any obligations or warranties in this agreement do not apply to third-party software used with the Software.

5.8 - Breach of Third-Party Rights: If the Software breaches a third party's intellectual property rights, we may choose to:

5.8.1 Modify or replace the Software to resolve the breach.

5.8.2 Obtain the right for you to use the third party's intellectual property.

5.8.3 Recall the Software, resulting in termination of this agreement, with a refund for any unused portion of paid fees.

6. Limitation of Liability

6.1 - Exclusion of Liability: To the maximum extent permitted by law, Innoveev (and its directors, employees, agents, and contractors) will not be liable to you for any loss or damage, including any direct, indirect, special, consequential, or punitive loss or damage, arising out of or in connection with this agreement, whether arising from breach of contract, tort (including negligence), or otherwise.

6.2 - Limitation of Liability: If, notwithstanding the other provisions of this agreement, Innoveev is found to be liable to you for any loss or damage that arises out of or is in any way connected with your use of the Software, our aggregate liability to you for all claims will not exceed the amount paid by you for the Software in the twelve-month period preceding the event giving rise to the liability.

7. Disclaimer of Warranties

7.1 - Software "As Is": The Software is provided "as is," "with all faults," and "as available," without any warranty. You should ensure that the Software meets your needs before using it. By using the Software, you acknowledge that you're doing so at your own risk and that you haven't relied on any representations not explicitly stated in this agreement or on our website.

7.2 - No Warranties: We don't warrant:

7.2.1 The timeliness, completeness, or performance of the Software.

7.2.2 The accuracy, reliability, or fitness for a specific purpose of the Software.

7.2.3 That the Software will meet your requirements or operate without interruptions or errors.

7.3 - Legal Obligations: We'll always comply with our legal obligations. However, certain consumer protection laws are excluded from this agreement, as the Software is intended for business use.

7.4 - Data Accuracy: We may need to pass data generated by your use of the Software to third-party carriers. We don't warranty the accuracy of this data and aren't liable for any costs or losses due to data inaccuracies.

7.5 - Exclusion of Warranties: We expressly exclude all warranties, including implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. You bear all risks associated with using the Software.

7.6 - Compensation Procedure: If you request compensation for any lost, damaged goods, or other issues, you must wait until the service provider (third party) acknowledges and sends payment to us for forwarding to you. We will process and send you the payment within 30 working days of receipt from the service provider. Please note that we will not compensate more than the amount received from the carrier or third-party company. You acknowledge that you do not have the right to demand additional compensation beyond what is provided by the carrier or third party. We reserve the full authority to decline compensation and direct you to contact the carrier directly. As a portal, we are not obligated to process compensation requests beyond our intermediary role, and you acknowledge and accept this limitation.

8. Indemnity

8.1 - Maximum Liability: We won't be liable to you for any loss, damage, or liability under this agreement, even if it's due to our negligence. If we are liable, our total liability to you won't exceed the fees you've paid in the past 12 months.

8.2 - Third-Party Services: While using the Software, you may interact with third-party carriers for delivery services. Please note that we act solely as a portal connecting you with these carriers. Any damage to products during delivery or other issues arising with the carrier are not our responsibility. If you require compensation for lost or damaged goods, you must request it directly from the vendors or carriers involved. We do not accept liability for any lost or damaged goods and will not provide refunds or compensation for such incidents. This policy applies to all the services we provide; we do not offer compensation under any circumstances.

8.3 - Carrier Responsibilities: We are not liable for any delays or failed deliveries by third-party carriers. As a portal, our role is limited to connecting, sending orders, and displaying statuses. We do not handle deliveries ourselves. Therefore, any issues related to late or failed or lost or damaged deliveries must be addressed directly with the respective carrier. We do not accept responsibility for such occurrences.

8.4 - Indemnification: You agree to indemnify and hold Innoveev (and its directors, employees, agents, and contractors) harmless against any claim, liability, cost, damage, or loss we may incur (including legal fees) as a result of any breach by you of any of your obligations under this agreement.

9. Termination

9.1 - Termination by You: You may terminate this agreement at any time by ceasing to use the Software and uninstalling it from your devices.

9.2 - Termination by Us: Innoveev may terminate this agreement if you fail to comply with any term or condition of this agreement. In such event, you must immediately cease all use of the Software and uninstall it from your devices.

9.3 - Consequences of Termination: Upon termination of this agreement, you must cease all use of the Software and uninstall it from your devices. All provisions of this agreement that are intended to survive termination (including, without limitation, provisions relating to ownership, limitation of liability, indemnity, and governing law) will continue in full force and effect after termination.

10. General Provisions

10.1 - Entire Agreement: This agreement constitutes the entire agreement between you and Innoveev relating to the Software and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, relating to the Software.

10.2 - Governing Law: This agreement will be governed by and construed in accordance with the laws of the United Arab Emirates.

10.3 - Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the Dubai International Financial Centre (DIFC), which rules are deemed to be incorporated by reference into this clause.

10.4 - Language: This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version will prevail.

11. Data & Privacy

11.1 - Compliance with Laws: You agree to adhere to all laws governing the collection, storage, use, and disclosure of personally identifiable information (personal information).

11.2 - Provision of Personal Information: You shall only provide us with personal information essential for the fulfillment of our obligations under this agreement. Any personal data uploaded to the Software must be obtained with appropriate consent from individuals.

11.3 - Access and Disclosure: You consent to our access or disclosure of information pertaining to you, your staff, or your clientele if necessary to comply with legal obligations, investigate breaches of this agreement, or safeguard our rights, employees, customers, or the public.

11.4 - Collection of Usage Information: In order to enhance the Software and provide improved support, we may collect data on its performance and your usage. This data helps us analyze usage patterns, enhance the Software, and offer technical assistance.

11.5 - Use and Sharing of Data: We may utilize or share the collected data with third-party companies when necessary. Additionally, we reserve the right to use this data without a notice for marketing purposes or any other purposes we deem appropriate. We may also use or share your business name and branding material, or anything necessary on our website, software, social media profiles and mobile applications or any other publications for marketing purposes. You acknowledge that you are not entitled to request payment, refund, or any compensation related to the use of your data, business name and branding material, and you waive any such rights.

12. Definitions

12.1 - In this agreement:
- "Software" means the eCommerce Platform of Innoveev and the cloud-based shipping and tracking integration software known as Logi app, inclusive of any associated documentation.
- "Services" means shipping and tracking services, websites, eStores and related services provided by Innoveev.
- "You" means the individual or entity accessing or utilizing the Software and our Services.
- "License" means the non-exclusive and non-transferable license granted to you by Innoveev to access and utilize the Software.
- "Innoveev" means Innoveev mena fzco, along with its affiliated entities.
- "Innoveev's website" means www.innoveev.com.