1.1 This Agreement sets forth the terms and conditions ("Terms") governing your access to and use of the Hamxaa B2B Auto Repair Shop SAAS CRM software and related services ("Services"), provided by Hamxaa Technologies ("Hamxaa").
1.2 By accessing or using the Services, you ("Customer") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2.1 The Services provide Customer with a cloud-based software platform for managing various aspects of their auto repair shop business, including but not limited to:
2.2 Hamxaa reserves the right to modify, suspend, or discontinue the Services, or any portion thereof, at any time and for any reason, with or without notice.
3.1 Customer shall:
4.1 The Services and all related intellectual property rights, including but not limited to copyrights, trademarks, and patents, are owned by Hamxaa or its licensors.
4.2 Customer acknowledges and agrees that no right, title, or interest in or to the Services or any intellectual property rights therein is transferred to Customer.
5.1 Hamxaa will take reasonable measures to protect Customer Data (as defined below) from unauthorized access, use, or disclosure.
5.2 Customer is responsible for the security of its own account credentials and for maintaining the confidentiality of its Customer Data.
5.3 "Customer Data" means any data, information, or content uploaded, transmitted, or stored by Customer using the Services.
6.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 HAMXAA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
7.1 IN NO EVENT SHALL HAMXAA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF HAMXAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 HAMXAA'S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO HAMXAA FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8.1 This Agreement may be terminated by either party upon written notice to the other party.
8.2 Hamxaa may terminate this Agreement immediately upon notice to Customer if Customer breaches any of these Terms.
9.1 These Terms shall be governed by and construed in accordance with the laws of Canada.
10.1 Any dispute arising out of or relating to these Terms shall be subject to mediation.
11.1 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and understandings, whether oral or written.
12.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.1 Hamxaa may update these Terms from time to time. Customer will be notified of any material changes to these Terms.
14.1 Please contact Hamxaa at support@hamzaa.ca with any questions regarding these Terms.
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