TERMS OF USE

Effective Date: September 2nd, 2023

BINDING EFFECT

This is a binding agreement. By using our software solutions (also referred to as “Software”) or any services provided by Sauvara, Inc. (“Company,” “us,” “our,” and “we”) in connection with the Software or otherwise (the “Service”), you agree to abide by these Terms of Use, as they may be amended by the Company from time to time at its sole discretion. The Company will post a notice on the Software any time these Terms of Use have been changed or updated. It is your responsibility to periodically review these Terms of Use. If you find these Terms of Use unacceptable at any time, you must immediately discontinue using the Software and cease all use of the Service and the Software. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING THE SOFTWARE AND DO NOT USE ANY SAUVARA SERVICE, PARTICIPATE IN ANY PROGRAM, OR USE ANY VOUCHER, PRODUCT, OR OTHER GOODS OR SERVICES OFFERED THROUGH THE SOFTWARE.

OWNERSHIP OF THE SOFTWARE

The Software, any content on the Software, and the infrastructure used to provide the Software are proprietary to us, our affiliates, merchants, and other content providers. By using the Software and accepting these Terms of Use:

(a) The Company grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Software pursuant to these Terms of Use and any additional terms and policies set forth by the Company.

(b) You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Software without the express permission of the Company.

USE OF THE SOFTWARE

As a condition of your use of the Software, you agree that:

• You have reached the age of majority in the state or province in which you reside.
• You are able to create a binding legal obligation.
• You are not barred from receiving products or services under applicable law.
• You will not attempt to use the Software with crawlers, robots, data mining or extraction tools or any other functionality.
• Your use of the Software will at all times comply with these Terms of Use.
• You will only redeem legitimate vouchers that comply with the letter and spirit of the terms of the respective offers.
• You will only redeem vouchers on the Software for your own use and enjoyment or as a gift for another person.
• You have the right to provide any and all information you submit to the Software, and all such information is accurate, true, current, and complete.
• You will update and correct information you have submitted to the Software to ensure its accuracy at all times (out-of-date information will invalidate your account).
• You will only participate in available programs through the Software by creating an account on the Software, and any purchase will be subject to the applicable Terms of Sale set forth as part of the purchase process. Please make sure to review the Terms of Sale carefully before making any purchases.

ACCESS TO THE SOFTWARE

The Company retains the right, at our sole discretion, to deny service or use of the Software or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Software and your account accessible, the Software and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Software access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

USER ACCOUNTS

• You may only create and hold one account on the Software for your personal use.
• You are responsible for updating and correcting information you have submitted to create or maintain your account.
• As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login.
• You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and settings.
• Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person.
• Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing, and we may cancel your account at our sole discretion.
• Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive.
• We also reserve the right to change or discontinue any aspect or feature of our services or the Software, including, without limitation, requirements for use.

USER CONDUCT

All interactions on the Software must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Software, we may limit or terminate your privileges on the Software and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Software and constitute violations of these Terms of Use:

• Submitting any content to the Software that:
  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation).
  • Contains personal information, except when we expressly ask you to provide such information.
  • Contains viruses or malware.
  • Offers unauthorized downloads of any copyrighted, confidential, or private information.
  • Has the effect of impersonating others.
  • Contains messages by non-spokesperson employees of the Company purporting to speak on behalf of the Company or provides confidential information concerning the Company.
  • Is purposely inaccurate, commits fraud, or falsifies information in connection with your Sauvara account or to create multiple Sauvara accounts.
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right.
• Attempting to do or actually doing any of the following:
  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
  • Scanning or monitoring the Software for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data.
  • Scanning or testing the security or configuration of the Software or breaching security or authentication measures.
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Software or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Software.
• Using any of the following:
  • Frames, framing techniques, or framing technology to enclose any content included on the Software without our express written permission.
  • Any Software content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission.
  • The Software or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Sauvara.
  • The Software or any of its resources to solicit consumers, merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Sauvara, including, without limitation, aggregating current or previously offered deals.
• Collecting any of the following:
  • Content from the Software, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Software without our express written permission.
  • Personal Information (defined in our Privacy Statement), User Content (defined in Section 8 below), or content of any consumers or merchants.
• Engaging in any of the following:
  • Tampering or interfering with the proper functioning of any part, page, or area of the Software or any functions or services provided by Sauvara.
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion).
  • Reselling or repurposing your access to the Software or any offers redeemed through the Software.
  • Accessing, monitoring, or copying any content from the Software using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission.
  • Violating the restrictions in any robot exclusion headers on the Software or bypassing or circumventing other measures employed to prevent or limit access to the Software.
  • Aggregating any current or previously-offered deals or content or other information from the Software (whether using links or other technical means or physical records associated with purchases made through the Software) with material from other Apps or on a secondary Software without our express written permission.
  • Acting illegally or maliciously against the business interests or reputation of Sauvara, our merchants, or our services.

The Company reserves the right to terminate your use of the Service and/or the Software. To ensure that the Company provides a high-quality experience for you and for other users of the Software and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Software or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Software immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the Software or the Service by others.

USER PRIVACY

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference. When you open an account to use or access the Software or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

PAYMENT AND FEES

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By using the Software and the Service, you acknowledge and agree to the following:

• Payment Obligations: You are responsible for all fees or charges associated with your use of the Software, including but not limited to charges for products or services obtained through the Software, subscription fees, or any other applicable fees. You authorize the Company to charge your chosen payment method for any such fees on a recurring basis until you cancel or terminate your account or subscription.
• Fee Changes: The Company reserves the right to change its fee structure, including the amount of fees or charges, at any time. Such changes will be effective upon notice to you, which may be provided by email or by posting the changes on the Software.
• Payment Methods: You must provide the Company with a valid payment method to use the Service. You agree to keep your payment information accurate and up-to-date. If your payment method fails or your account is past due, the Company may suspend or terminate your access to the Service.
• Taxes: You are responsible for any applicable taxes, including sales, use, or value-added taxes, associated with your use of the Software or the purchase of products or services through the Software. The Company will collect and remit taxes on behalf of merchants when required by law.
• No Refunds: All fees and charges are non-refundable, except as expressly provided in these Terms of Use or as required by applicable law.

Please review these payment and fee provisions carefully. By continuing to use the Software and the Service, you agree to be bound by these terms.

COPYRIGHT AND TRADEMARK

When accessing the Software or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Software is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INFRINGEMENT REPORTING PROCEDURES

If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Software infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to the Company’s attention, you can report your concern(s) by submitting your complaint to the Company.

DISCLAIMER OF WARRANTY

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NONE OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SOFTWARE. THE SOFTWARE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SOFTWARE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SOFTWARE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SOFTWARE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SOFTWARE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

LIMITATION OF LIABILITY

THE COMPANY'S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SOFTWARE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SOFTWARE OR SUBMITTED BY TO YOU TO THE SOFTWARE; (B) YOUR INABILITY TO USE THE SOFTWARE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SOFTWARE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SOFTWARE; (E) ANY PRODUCTS OR SERVICES OTHER THAN MERCHANT OFFERINGS REDEEMED OR OBTAINED FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. MERCHANT IS RESPONSIBLE FOR COMPENSATING FOR ANY AND ALL CLAIMS ARISING OUT OF OFFER. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS

When you use the Software, you are communicating with us electronically and consent to receive electronic communications related to your use of the Software. We will communicate with you by email or by posting notices on the Software. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Software or from which you otherwise email us.

AFFILIATED SITES

The Company has no control over, and no liability for any third-party advertisements or materials. The Company may work with a number of partners and affiliates whose advertisement may be linked with the Software. Because neither the Company nor the Software has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Software, you may have access to content items (including, but not limited to, advertisements) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

RELEASE

You are solely responsible for your interactions with merchants and other users of the Software. To the extent permitted under applicable laws, you hereby release the Company from any and all claims or liability related to any product or service of a merchant, regardless of whether such product or service is a merchant Offering available through the Software, any action or inaction by a merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a merchant, a merchant’s failure to comply with applicable law and/or failure to abide by the terms of a merchant Offering or any other product or service purchased or obtained by you from the merchant, and any conduct, speech, or User Content, whether online or offline, of any other third-party.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys' fees, arising out of, related to, or in connection with any of the following: (a) any merchant offerings or products purchased by you through the Software or any additional products or services purchased or obtained by you from the merchant; (b) any User Content submitted or posted by you, in connection with the Software, or any use of the Software in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California, USA, in all disputes arising out of or related to the use of the Software or Service.

DEVELOPMENT AND DELIVERY DISCLAIMER

The Company is committed to developing and delivering the Software and Service. However, you acknowledge and agree that the development and delivery of Software and Service may be subject to various factors, including technical challenges, regulatory changes, and other unforeseen circumstances, which may affect the timeline or availability of such Software and Service.

The Company will make all reasonable efforts to develop and deliver the Software and Service as described. However, you understand and agree that the Company does not guarantee the successful completion, conclusion, or delivery of any specific Software and Service, and the Company shall have no liability or responsibility for any delay, non-delivery, or interruption in the availability of the Software and Service.

Any statements or descriptions regarding the Software and Service on the Software or in these Terms of Use are for informational purposes only and do not constitute a guarantee, warranty, or commitment by the Company regarding the availability or functionality of the Software and Service.

You further acknowledge that the Company may modify or discontinue the development or delivery of any Software and Service at its sole discretion, without prior notice, and without any liability to you or any third party.

Your use of the Software and any expectations regarding the development or delivery of Software and Service are subject to this disclaimer, and you agree not to hold the Company responsible for any delays, non-deliveries, or modifications related to the Software and Service.

This disclaimer does not affect any other rights and obligations outlined in these Terms of Use.

By accepting these Terms of Use, you acknowledge that you have read and understood this Development and Delivery Disclaimer.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect. The provisions of these Terms of Use apply equally to and are for the benefit of the Company, its subsidiaries, affiliates, merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

ASSIGNMENT

You may not assign these Terms of Use or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of the Company. Any attempted assignment that does not comply with these Terms of Use shall be null and void. The Company may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

MODIFICATION

We may modify these Terms of Use from time to time in our sole discretion. You will be notified of any change in the Company’s Privacy Statement. The Company will also update the “Last Updated” date at the top of these Terms of Use. If you object to any such changes, your sole recourse shall be to cease using the Software. Continued use of the Software following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

ENTIRE AGREEMENT

These Terms of Use contain the entire agreement between you and the Company relating to the subject matter hereof, and supersede any other oral or written communications relating thereto.

CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at support@sauvara.com.