1.  Introduction

Thanks for choosing Orive (“Orive”, “Orangeivity Ltd”, “Orangeivity.com”, “we”, “us”, “our”). By using the Orive service, websites and software applications (together, the “Service”), you are entering into a binding contract with Orangeivity Ltd.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy, which are both available on the Orive website. The Terms and the Privacy Policy are collectively referred to as the “Agreement”.  You acknowledge that you have read and understood the Agreement and agree to be bound by them.  If you don’t agree, then you may not use the Orive Service.

2. Using Orive

Orive offers services that require payment before they can be used.  When you subscribe for a specific Service, we will inform you what services and features are included.

We may occasionally offer a code, voucher or other offer for access to a subscription service (“Code”).  In such a case, separate terms and conditions presented to you along with the Code may also apply to this Service and you agree to comply with any such terms and conditions.

3. Rights we grant you

The Orive Service is the property of Orangeivity Ltd or its licensors.  We grant you a limited, non-exclusive, revocable license to make use of the Orive Service (the “License”).  This License shall remain in effect until terminated by you or Orive.

The Orive software applications are licensed, not sold, to you.  We retain ownership of all copies of the Orive software applications even after installation on your personal computers, mobile devices, tablets, TV boxes and/or other relevant devices (“Devices”).

Any third party software (e.g. open source libraries) included in Orive are licensed to you either under the Agreement or under the license terms of such third party software, as described on our website.

All Orive trademarks, service marks, trade names, logos, domain names and any other features of the Orive brand (“Branding”) are the sole property of Orangeivity Ltd or its licensors.  The Agreement does not grant you any rights to use this Branding whether for commercial or non-commercial use.

 

4. Rights you grant us

You grant us the right to allow Orive Service to use the Devices in order to facilitate the operation of the Service, including use of processor, bandwidth and storage on your Device.

If you provide ideas or suggestions to Orive, you acknowledge that these ideas or suggestions are not confidential and you authorize Orive to use them without restriction and without payment to you.

5. User guidelines

The following are not permitted for any reason whatsoever:

  • Reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the Orive Service or any part thereof unless permitted by applicable law
  • Circumventing any technology used to protect the Service
  • Transferring copies of content from an authorized Device to any other Device via any means
  • Selling, renting, sublicensing or leasing any part of the Orive Service.
  • Providing your username/password and/or license key to any other person or using any other person’s username/password and/or license key

You acknowledge and agree that any of the above may result in immediate termination or suspension of your Orive account without prior notice and without any refund.

6. Service limitations and mofidications

We will make reasonable efforts to keep the Orive Service operational.  However, from time to time, due to technical difficulties or maintenance, temporary interruptions may occur.  We reserve the right to modify or discontinue functions and features of Orive, temporarily or permanently.  This may be performed with or without notice and without liability to you, except where prohibited by law.

If you have prepaid fees for a paid subscription of Orivethat becomes permanently discontinued, Orangeivity Ltd will refund you the fees for the prepaid period after such permanent discontinuation and you will not have any further access to the Orive Service.

7. Customer support

For account-related and payment-related questions, please contact us as outlined below.  We will make reasonable efforts to respond to queries within a reasonable time frame but we make no guarantees or warranties of any kind that any queries will be responded to within any particular time frame and/or in a satisfactory way.

8. Export control

Our products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions.  You warrant that you are not located in Cuba, Iran, North Korea, Sudan or Syria.  You also warrant that you are not a denied party as specified in international sanctions lists such as those issued by Treasury Department’s Office of Foreign Assets Control (“OFAC”) and other international lists.

9. Payments and cancellations

Paid subscriptions can only be purchased directly from Orive for a specific time period (“Pre-paid period”).  At the end of this period, subscriptions are not automatically renewed.  If you decide to cancel your subscription, the cancellation will take effect the day after the last day of the Pre-paid period.  Any subscription fees already paid to us will not be refunded.

Please contact us, as outlined below, for any further information.

Orive may change the price for the paid subscriptions  or Codes from time to time, and will communicate any price changes to you in advance.  Price changes for Paid subscriptions will take effect at the completion of the Pre-paid period, if you choose to renew your subscription.

10. Term and termination

The Agreement will continue to apply to you until terminated by either you or Orive.

If we terminate the Agreement or suspend your access to the Orive Service at any time, including due to actual or suspected unauthorised use of the Service, or non-compliance with the Agreement, we will not refund any amounts that you have already paid, to the fullest extend permitted under applicable law.

Sections of the agreement that by nature must remain in effect even after termination of the Agreement, shall survive termination.

11. Warranty and disclaimer

The Orive Service is provided “as is” and “as available”, without express or implied warranty or condition of an kind.  You use the Orive Service at your own risk.  We make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.  Orive does not warrant that the Service is free of malware or other harmful components.  You understand and agree that Orive is not responsible or liable for any content you may hold on your Devices and which you may access using Orive.  As with any purchase of a product or service through any medium or in any environment, you shuld use your judgement and exercise caution where appropriate. No advice or information, oral or in writing obtained by you from Orive shall create any warranty on behalf of Orive in this regard.

12. Limitation of liability

You agree that your sole and exclusive remedy for any problems or dissatisfaction with Orive is to uninstall any ORive software and to stop using the Service.

To the fullest extent permitted by law, in no event will Orive, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:

  • Any indirect, special, incidental, punitive, exemplary or consequential damages
  • Any loss of use, data, business, or profits (whether direct or indirect), in all cases of use or inability of use of the Orive service, without regard to whether Orive has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
  • Aggregate liability for all claims relating to the Orive Service more than the amount paid by you to Orive during the prior twelve months in question, to the extent permissible by applicable law.

You agree that any claim against Orive must be commencted within six (6) months after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim, and there shall be no right to any remedy for any claim not asserted within that period.

13. Entire Agreement

Other than as stated in this section or as explicitly agreed in writing between you and Orive, the Agreement constitutes all terms and conditions and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.

In the case of any additional agreements permitted under section 2, in the case of any conflict between the additional terms and these Terms, the additional terms shall prevail.

14. Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Orive  to enforce the Agreements or any provision thereof shall not waive Orive’s right to do so.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Orive harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of any or all of the following:

  • your breach of this Agreement
  • any activity in which you engage on or through the Orive Service
  • your violation of any law or the rights of a third party.

16. Assignment

We may assign the Agreement or any part of it, and Orive may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sub-license your rights under the Agreement, to any third party.

 

17. Changes to the Agreement

Occassionally we may make changes to the agreement.  We will notify you by sending you an email.  Your continued use of the Service after the changes will constitute your acceptance of the changes.  We therefore encourage you to read such notices carefully.  In case you do not with to continue using the Service, you may terminate the Agreement by contacting us, as outlined further below.

18. Choice of law

The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Cyprus, without regard to choice or conflicts of law principles.

You and Orive agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.  Unless both you and Orive agree, no judge may consolidate more than one person’s claims.

19. How to contact us

If you have any questions about this Policy, please contact us at legal@orangeivity.com.

Contracting entity:

Orangeivity Ltd

Cyprus

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