1.1 Our Services. The Project Hafnia™ services include our platforms, products, applications, application programming interface (“API”), tools, and any ancillary or supplementary products and services, including Upgrades (as defined below) (“Services”).

1.2 Modification or Discontinuation of the Services. We may add, modify or discontinue any feature, functionality, or other tool within the Services and/or Sites at our discretion and without further notice. This includes, but is not limited to, available instances and any feature labelled as “free”, “forever”, or similar, which may be changed or removed at any time. If we make a material adverse change to core functionality, we will notify you by reasonable means, such as an announcement on the Sites, within the Services, or via email.

1.3 No Contingency on Future Releases and Improvements. You hereby acknowledge that your purchase of the Services is not contingent on the delivery by us of any future release of any functionality, feature or service, including without limitation: (i) the continuance of the Services beyond the current Subscription Term; (ii) the availability of third party services, or (iii) dependency on any public comments we make, orally or in writing, regarding any future functionality, feature or service.

1.4 Ability to Accept Terms. You must be at least 13 years old to use the Services. If you are a sole proprietor and below the legal age to enter into contracts in your jurisdiction (often 18 years old), your parent or legal guardian must complete the signup on your behalf. If you are registering on behalf of a legal entity that is owned, directly or indirectly, by someone below the legal contracting age, signup must be completed by an authorised officer or a board-approved representative. In such cases, the person completing the signup is legally responsible for compliance with these Terms as if they had agreed to them.

1.5 Service Level Agreement. To the extent you purchased an eligible tier subscription, you will be entitled, in relation to the Services, to the commitments in our Service Level Agreement, as may be updated from time to time.

1.6 Community Terms. If you access or use our community,

2.1 Account and Organization Registration. To register to the Services for the first time, you shall create an account for the Services (“Account”) and create or join an organization (“Organization”). By creating an Account and registering to use the Services you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a Project Hafnia™ customer (“Customer”).

2.2 Your Registration Information. When creating an Account or when you create or are added into an Organization, you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account and password, including any API keys, integration, or any use of third party products or services (and associated disclosure of data) in connection with the Services; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account, API keys, or any breach of these Terms. We may assume that any communications we receive from the email address of your Account have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.

2.3. User Verification. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or Organization. In the event that you lose access to an Organization or otherwise request information about an Organization, we reserve the right to request from you or another User (as the case may be) any verification and/or information, including in the form of a release, as we deem necessary in our sole discretion, before restoring or providing access to or providing information about such Organization.

2.4 Organization Owner. The first user of an Organization is automatically assigned as an Organization owner (“Organization Owner”). The Owner(s) of an Organization are, severally and jointly, deemed as the authorized representatives of Customer, and any decision or action made by any Owner, is deemed as a decision or action of Customer. An Owner may assign or add other members of the Organization as Owners or Admins, which possess important privileges and controls over the use of the Services and the Organization, including, without limitation: (i) control your (and other Users) use of the Organization; (ii) purchase, upgrade or downgrade Services; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of Customer Data (as defined below); (iv) assign certain privileges to such other Users (as defined below); and (v) integrate or disable integration with third party services. You also acknowledge that your Organization can become managed by a representative of the entity that owns or controls the email address domain with which your Organization was created or registered.

2.5 Organization Users. There are several types of Organization users, such as Organization Owner, Organization Admin, Organization Member and Individual User, all of whom are designated within the Services and referred to herein, collectively with the Owner(s) as “Users”. The features, functionalities and privileges available to the Users are determined by the respective user role, Services, offering and Subscription Plan governing such Organization. For more information on the rights, permissions and definition of various types of Users, visit our user documentation; and you shall be responsible for ensuring that Users are assigned the appropriate user type. If you assign users not in accordance with the appropriate user type (for instance, assigning users who are external to your organization as a User) then we shall have the right, in our sole discretion, and without derogating any other remedy available hereunder, to reassign such user types as appropriate, impose additional restrictions and/or charge additional fees.

2.6 Customer Responsible for Users. Customer is solely liable and responsible for understanding the settings, privileges and controls for the Services and for controlling whom Customer permits to become a User and what are the settings and privileges for such User, including without limitation: (i) the right for a User to invite or add other Users (either paid or unpaid); (ii) the right to incur charges on the Organization; (iii) the right to access; modify or share workspaces; (iv) keeping login credentials confidential and promptly notifying us if it becomes aware of any unauthorized access to any User login credentials or other unauthorized access to or use of the Services, etc. Customer is responsible for the activities of all of its Users, including Order Forms they may place and how Users use Customer Data, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Organization, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.

3.1 Customer Data. Customer Data means data and information collected, processed, or stored on the Services that is specific to Customer or its Users as a result of their interaction with the Services, including uploaded scripts, models, and data (“Customer Data”). Scripts, models, and video captions/summaries that are generated or modified specifically to you via our Sites and Services, along with generated training and learning metrics in compliance with these Terms (“Output”), is also Customer Data. For the avoidance of doubt, Derived Data (as defined below) is not Customer Data. Customer (or the respective owner) retains all right, title, and interest in Customer Data as submitted to the Services. Subject to these Terms, Customer grants us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display Customer Data, and solely to the extent that reformatting Customer Data to maintain and provide you the Services constitutes a modification or derivative work (e.g., by generating or training models), the foregoing license also includes the right to make modifications and derivative works. The aforementioned license is hereby granted solely: (i) to maintain and provide you the Services; (ii) to prevent or address technical, fraud or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) as expressly permitted in writing by you.

3.2 Derived Data. Notwithstanding any provisions of these Terms, Milestone may use Customer Data to compile, use, and disclose anonymous, aggregated statistics, provided that no such information will directly identify and cannot reasonably be used to identify Customer or its Users or end clients of Customer (“Derived Data”). Milestone will own all right, title, and interest in all of the Derived Data and all resulting Milestone products or services incorporating the Derived Data.

3.3 Responsibility for Customer Data Compliance.

3.4 No Sensitive Data. You shall not submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in EU Regulation 2016/679 (“GDPR”), Article 9(1), or any similar legislation or regulation in other jurisdiction; (ii) any protected health information subject to the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in any jurisdiction; and (iii) credit, debit or other payment card data subject to PCI DSS or any other credit card schemes.

4.1 Our Intellectual Property. The Services and Sites, inclusive of materials, such as software, APIs, application frameworks, designs, design systems, texts, editorial materials, informational texts, documentations, photographs, illustrations, audio clips, video clips, associated labels, annotations, models, metadata, artworks and other graphic materials, and names, logos, trademarks and services marks (excluding Customer Data), any and all related or underlying know-how, technology or intellectual property, and any modifications, enhancements or derivative works of the foregoing (collectively, “Milestone Materials”), are the property of Milestone and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Milestone, Milestone retains all right, title and interest, including all intellectual property rights, in and to the Milestone Materials.

4.2 Customer Reference. Customers acknowledges and accepts that we have the right to use Customer’s name and logo to identify Customer as a customer of Milestone or as a User of the Services, on the Milestone’s Sites, marketing materials or otherwise by public announcements, including, but not limited to, earning statements and calls, shareholder materials, and similar announcements. This also includes when Customer chooses to review the Sites or Services or give other types of feedback.

4.3 Your Access and Use Rights.

4.4 Use Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow anyone to: (a) use the Sites or Services in any way that would violate any applicable law, including, but not limited to, laws applicable to discrimination and human rights; (b) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Sites or Services to any third party, including, but not limited to your affiliates; (c) circumvent, disable or otherwise interfere with security-related features of the Sites or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (d) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Sites or Services, or any components thereof, including Milestone Materials; (e) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Sites or Services, or any part thereof; (f) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on infrastructure which supports the Sites or Services; (g) interfere or attempt to interfere with the integrity or proper working of the Sites or Services, or any related activities, including upload of any material designed to interrupt, destroy or limit the functionality of any software associated with the Sites or Services such as software viruses; (h) remove, deface, obscure, or alter Milestone’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Sites or Services, or use or display logos of the Sites or Services without our prior written approval; (i) use the Sites or Services for competitive purposes, including to develop or enhance a competing service or product; or (j) encourage or assist any third party (including other Users) to do any of the foregoing.

4.5 Feedback. As a User of the Services and/or Sites, you may provide suggestions, comments, feature requests or other feedback to any of Milestone Materials, the Services, the API and/or the Sites (“Feedback”). Such Feedback is deemed an integral part of Milestone Materials, and as such, it is the sole property of Milestone without restrictions or limitations on use of any kind. Milestone may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) grant Milestone a worldwide, non- exclusive, royalty-free, fully-paid up, and transferable right to use, reproduce, and modify the Feedback.

4.6 API Use. We may offer an API that provides additional or other ways to access and use the Services. Such API is considered a part of the Services, and its use is subject to all these Terms. Without derogating from Sections ‎4.1 through ‎4.4 hereof, you may only access and use our API for internal business purposes, in order to create interoperability and integration between the Services and other products, services or systems you use internally. When using the API you must follow our applicable Developer Terms.

4.7 Sample Data. Users are permitted to download sample data solely for testing purposes, under strict non-commercial conditions unless otherwise explicitly agreed upon in writing. Users must not reproduce, distribute, or use the sample data or any derivatives thereof for commercial purposes other than testing for the suitability of the Services or to design for the use of the Services. Any attempts to de-anonymize, reverse-engineer, or re-identify data within the samples are strictly prohibited. All sample data available in the Sites or Services remain the intellectual property of Milestone. Users are granted a limited, non-exclusive, non-transferable license to use the sample data strictly in accordance with these Terms. Any unauthorized use or misuse of these samples constitutes a violation of Milestone’s intellectual property rights.

4.8 Copyright Protection. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA“), we have designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection our Sites and Services.

4.8.1 Removal of Content. If you believe your copyright has been infringed on the Services, please send the following info to the Copyright Agent: (i) identification of the suspected copyrighted work and sufficient information to locate the material on our Services (providing URLs is the best way to help us locate content quickly); (ii) contact information of the copyright owner or agent, such as, name, address, phone number, and email address; (iii) a statement that the complainant believes in good faith that the use of the potentially infringed material is not authorized by the copyright owner, agent, or law; (iv) a statement made under penalty of perjury that the information provided is accurate and that the complainant is the owner or authorized to act on behalf of the owner; (v) an electronic or physical signature of the copyright holder or its agent.

4.8.2 Counter Notification. If you believe that the material you posted was removed from the Site by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material 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; (iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Milestone may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

4.8.3 Copyright Agent. Our agent for notice of claims of copyright infringement (“Copyright Agent”)

5.1 Privacy Policy. As a part of accessing or using the Services and the Sites, we may collect, store, access, use, share and otherwise process certain Personal Data from or about you.

5.2 Security. Milestone implements reasonable security measures and procedures designed to assist in protecting your Customer Data (including Personal Data). You can learn more on our security measures and procedures on our readme documentation (after login), as updated from time to time, or by contacting us.

5.3 Data Protection Roles and Responsibilities. Customers who are using our services to process personal data for their own purposes and means will often be considered a “Data Controller” under applicable law and are primarily responsible for meeting all applicable data protection requirements. We serve as our Customers' “Data Processor” as defined in GDPR, for the processing of personal data submitted onto the Project Hafnia platform.

6.1 Third Party Services. The Services enables you to engage and procure certain third party services, products, apps and tools in connection with the Services, including, without limitation, third party computing instances and services used for script or model training, or which you decide to connect through our API, as part of the Services (collectively, “Third Party Services”).

6.2 Independent Relationship. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, we merely act as an intermediary platform between you and such Third Party Services, and we do not, in any way, endorse any such Third Party Services, or shall be in any way responsible or liable with respect to any such Third Party Services. Your relationship with such Third Party Services and any terms governing your use of such Third Party Services, including without limitation, the collection, processing and use of your data by such Third Party Services, may be subject to a separate contractual arrangement between you and the provider of the Third Party Services (“Third Party Agreement”). Unless otherwise specifically stated, the same applies to your payment for such Third Party Services and we are not a party to, or responsible, in any manner, for the compliance by you or by the provider of the Third Party Services with the Third Party Agreement.

6.3 Use Conditions and Limitations. Both Milestone and Third Party Services may impose, each at its sole discretion, additional conditions or limitations on your access and use of certain Third Party Services, including without limitation, imposing a limited quota on the number of API calls. Such additional conditions or limitations shall be indicated wherever relevant within the Services or the Third Party Services or otherwise notified to you or to any other relevant User.

6.4 Payment for Third Party Services. Third Party Services may be offered free of charge or for a certain fee, either charged directly by the Third Party Services or by Milestone. Wherever Third Party Services require payment, it shall be indicated to you, unless such fee is included within the Fees for the Services. Wherever Milestone charges Customer on behalf of the Third Party Services, then Customer acknowledges that Milestone serves only as an intermediary role in facilitating or collecting the applicable fees and taxes from Customer, for the Third Party Services, thus all payment related issues, including the payment of fees, renewal and refund policy, are governed by the Third Party Agreement. Wherever Milestone charges Customer, on behalf of itself and not on behalf of the Third Party Services, the payment terms, including the payment of fees, renewal and refund policy, are governed by Section ‎7 herein.

6.5 Change of Fees. Customer acknowledges that Milestone and any Third Party Services, may change the fees for the Third Party Services from time to time, including imposing a new charge on a Third Party Services that was provided for free.

6.6 Discontinuation of Third Party Services. Both Milestone and the Third Party Services reserves the right to discontinue the use or suspend the availability of any Third Party Services, for any reason and with no obligation to provide any explanation or notice. Such discontinuation may result in the inability to utilize certain features and actions of the Third Party Services along with our Services.

6.7 Links. The Sites, Services and/or any Third Party Services may contain links to third party websites that are not owned or controlled by us. You acknowledge that we have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your, and in case of a Customer, all Users’, use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

6.8 Limitations of Liability for Links and Third-Party Services. MILESTONE BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, SUCH THIRD PARTY SERVICES’ OPERABILITY OR INTEROPERABILITY WITH OUR SERVICES, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICES’ OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT MEET YOUR NEEDS.

7.1 Order Form. The Services may be purchased via an order form, e.g. a sales order, purchase document or any other instrument as determined by us, which shall be completed and placed either online, in-product, offline, or in any other form designated by us (“Order Form”). Such Order Form will list, at a minimum, the Services ordered, the associated fees, the subscription plan and term, as applicable. If Customer provides Milestone a purchase order related to an Order Form, such is deemed to incorporate these Terms and if such contains terms in regards to the Services then such shall have no force or effect.

7.2 Subscription. Unless stated otherwise in an Order Form, the Services are provided on a subscription basis for the subscription term specified in the Order Form, in accordance with the respective subscription plan, as applicable, purchased under such Order Form (“Subscription Term” and “Subscription Plan”, respectively, and collectively the “Subscription”).

7.3 Fees. In consideration for the provision of the Services (except for Trial Services), Customer shall pay us the applicable fees, as set forth in the applicable Order Form (“Fees”). Unless indicated otherwise, Fees are stated in USD. Customer hereby authorizes us to charge such Fees via invoice, upon due date or shall otherwise remit payment to Milestone upon the due date. Payment is due within 30 days of the invoice date (Net 30). Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.

7.4 Taxes. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Services hereunder (“Taxes”). If Customer is located in a jurisdiction which requires Customer to deduct or withhold Taxes or other amounts from any amounts due to us, Customer should notify us, in writing, promptly and we shall join efforts to avoid and/or reduce any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Fees payable by Customer.

7.5 Upgrades. Customer may upgrade and/or enhance its Services by either: (i) upgrading to a higher type of Subscription Plan; (ii) adding additional or one-off services; and/or (iii) upgrading to a longer Subscription Term (collectively, “Upgrades”). Some Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term for all or some of the Services and some will not, as indicated within the Services and/or the Order Form. Upon an Upgrade, Customer will be billed for the applicable additional Fees, at our then-current rates (unless indicated otherwise in an Order Form), either: (a) prorated for the remainder of the then-current Subscription Term, or (b) whenever the Subscription Term is being restarted, then the Fees already paid by Customer will be reduced from the new upgraded Fees, and the difference shall be due and payable by Customer upon the date on which the Upgrade was made. “Add-Ons” means additional enhancements and/or additional functionalities for the applicable Services for the respective Subscription Plan purchased by Customer that are made available for purchase, which may be subject to additional Fees.

7.6 Excessive Usage. We shall have the right, including without limitation where we, at our sole discretion, believe that Customer and/or any of its Users, have misused the Services or otherwise use the Services in an excessive manner compared to the anticipated standard use at our sole discretion, to offer the Services in different pricing and/or impose additional fees or other restrictions as for the upload, storage, download and/or use of the Services, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.

7.7 Billing. As part of registering, or submitting billing information, to the Services, Customer agrees to provide us with updated, accurate and complete billing information, and Customer authorizes us to charge (or take any other billing actions) from Customer, and to make any inquiries that we may consider necessary to validate Customer’s designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customer’s banking account.

7.8 Subscription Auto-Renewal. To ensure uninterrupted service, subscriptions automatically renew at the end of the current term for an additional term of equal duration.

7.9 Discounts and Promotions. Unless expressly stated otherwise in a separate legally binding agreement, if Customer received a special discount or other promotional offer, Customer acknowledges that upon renewal of the Subscription to the Services, Milestone will renew such Subscription to the Services, at the full applicable Fee at the time of renewal.

7.10 Cancellation During Trial Period. If you notify us during the trial period that you do not intend to proceed with your subscription after your trial ends, and we sent you an invoice after your notification was sent, you will receive a credit note for that invoice.

7.11 Monthly Subscriptions Auto-Renew After Trial Period. All monthly subscriptions automatically renew after the trial period ends. This information is communicated on the payment page, during onboarding sessions, and in a follow-up email from our sales representatives. We do not issue refunds if a customer opts out of their monthly subscription at any point after their trial period ends.

7.12 Switching from Monthly to Annual Subscription. If at any point after a trial you switch from a monthly to an annual subscription, you will not be refunded any subscription fees paid during the monthly subscription period. Your new payment schedule for the annual subscription will be calculated, and the new annual term will begin, in the month following your last monthly payment.

7.13 No Refunds for Annual Subscriptions. If you would like to cancel your subscription but you have committed to an annual term, and you have communicated your desire to cancel to us, we will ensure that your subscription does not automatically renew for a new annual term. In this scenario, you will continue to have access to the Services for the remainder of the current annual term after you cancel your subscription, but you will not be granted a refund for the remaining portion of the annual term.

7.14 Danish E-Commerce Act. We try to comply with the information obligations imposed by the Danish E-Commerce Act. To ease communications between the Customer and us, the application of sections 10, 11(1), and 12 of the Danish E-Commerce Act is waived as far as possible for Customers, cf. section 13(2) of the act.

8.1 Trial Services and Free Versions. We may offer, from time to time, part or all of our Services on a free, no-obligation trial and/or in connection with a free Subscription Plan to the Services for a limited duration and with limited functionality (“Trial Services”). The term of the Trial Services shall be as communicated to you within the Services, in an Order Form or separately in writing by Milestone, unless terminated earlier by either Customer or us, for any reason or for no reason. We reserve the right to modify, cancel and/or limit the Trial Services at any time, with or without notice, and without liability or explanation to you.

8.2 Pre-Released Services. Note that we may offer, from time to time, certain Services or parts thereof as Alpha or Beta versions (“Pre-Released Services”) and we use best endeavors to identify such Pre-Released Services as such. Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.

8.3 Governing Terms of Trial Services and Pre-Released Services. The Trial Services and Pre-Released Services are governed by these Terms, including relevant specific Services Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial Services and Pre-Released Services (i) such services are licensed hereunder on an “As-Is”, “With All Faults” “As Available” basis, with no representations and/or warranties, express or implied, of any kind; (ii) the indemnity undertaking by us set forth in 14.2 herein shall not apply; and (iii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MILESTONE, ITS AFFILIATES OR ITS THIRD PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES, THE SERVICES AND THE THIRD PARTY SERVICES), EXCEED USD 100 ($100). We make no promises that any Trial Services and/or Pre-Released Services will be made available to you and/or generally available.

9.1 Term. These Terms are in full force and effect, commencing upon the Effective Date, until the end of all Subscriptions to the Services underlying the Account, either paid or unpaid, unless terminated otherwise in accordance with these Terms.

9.2 Termination for Cause. Either Customer or us may terminate the respective Services and these Terms, as applicable, upon written notice, in case that the other party (a) is in material breach of these Terms and to the extent, curable, fails to cure such breach, within a reasonable cure period, which shall not be less than 30 days following a written notice from by the non-breaching party; provided, however, that termination by Customer shall apply only with respect to those components of the Services with respect to which the breach has occurred; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 60 days.

9.3 Termination by Customer. Customer may terminate its Subscription to the Services by canceling the Services and/or deleting the Account, whereby such termination shall not derogate from Customer’s obligation to pay applicable Fees except where such termination is made within the Refund Period. Unless mutually agreed otherwise by Customer and us in a written instrument, the effective date of such termination will take effect at the end of the then-current Subscription Term, and Customer’s obligation to pay the Fees throughout the end of such Subscription Term shall remain in full force and effect, and Customer shall not be entitled to a refund for any pre-paid Fees.

9.4 Effect of Termination of Services. Upon termination or expiration of these Terms, Customer’s Subscription and all rights granted to you hereunder shall terminate, and we may change Account’s, Organization’s, and other applicable web addresses. It is Customer’s sole liability to export Customer Data prior to such termination or expiration. In the event that Customer did not delete Customer Data from the Account, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Data. Customer acknowledges the foregoing and its sole responsibility to export and/or delete Customer Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto. Unless expressly indicated herein otherwise, the termination or expiration of these Terms shall not relieve Customer from its obligation to pay due Fees.

9.5 Survival. Section 2.6 (Customer Responsibility for Users), ‎3 (Customer Data), ‎5 (Privacy and Security), 7 (Subscription, Fees, Upgrades and Renewals) in respect of unpaid Subscription Fees, ‎8.3 (Governing Terms of Trial Services and Pre-Released Services), ‎9 (Term and Termination; Suspension), ‎10 (Confidentiality), ‎11 (Warranty Disclaimer), ‎12 (Limitations of Liability), ‎14 (Indemnification), ‎19 (Governing Law and Jurisdiction; Class Action Waiver) and ‎20 (General Provisions), and such other sections of these Terms which by their nature are intended to survive, shall survive the termination or expiration of these Terms, and continue to be in force and effect in accordance with their applicable terms.

9.6 Suspension.

10.1 Confidential Information. In connection with these Terms and the Services (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior to or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Sites, Services, Trial Services and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Services, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

10.2 Confidentiality Undertakings by the Receiving Party. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

10.3 Compelled Disclosure. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND/OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

11.1 THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS), HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS AND/OR WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

11.2 WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES THAT THE SERVICES AND SITES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.

11.3 WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES (I) THAT OUR SERVICES AND SITES (OR ANY PORTION THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE, OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICES AND/OR THE SITES.

11.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

11.4.1 MILESTONE DOES NOT REPRESENT OR WARRANT THAT THE OUTPUT GENERATED BY THE SERVICES WILL BE SATISFACTORY IN ANY WAY TO CUSTOMER.

11.4.2 MILESTONE HAS NO CONTROL OVER THE OPERATION OF THE THIRD PARTY COMPUTING IT ACCESSES AS PART OF ITS PROCESSING ACTIVITIES, THE OUTPUT THAT IS GENERATED, OR THE CONTINUED AVAILABILITY OF ANY THIRD PARTY COMPUTING, AND MILESTONE DISCLAIMS ANY AND ALL ASSOCIATED RESPONSIBILITY OR LIABILITY FOR CUSTOMER’S ELECTION TO USE ANY COMPUTING PRODUCTS AS PART OF ITS USE OF THE SERVICES. FOR GREATER CERTAINTY, THE LOSS OF AVAILABILITY AND/OR FUNCTIONALITY OF ANY INTEGRATION PARTNER PRODUCTS, INCLUDING DEACTIVATION OF ANY RELATED APIS BY MILESTONE, DOES NOT JUSTIFY THE REFUND OF ANY SUBSCRIPTION FEES PAID OR PAYABLE BY CUSTOMER.

11.4.3 THE OUTPUT IS INTENDED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED BASED ON CUSTOMER INPUTS. WHILE SUCH OUTPUT MAY CONCERN ISSUES RELATED TO ANY SUBJECT, CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY, COMPLETENESS, AND SUITABILITY OF SUCH OUTPUT FOR THEIR SPECIFIC USE CASES. CUSTOMER WILL NOT RELY ON ANY OUTPUT OF THE SERVICES WITHOUT CHECKING IT THEMSELVES, AND/OR VETTING THROUGH QUALIFIED PROFESSIONALS OR THIRD PARTY VALIDATIONS AS REQUIRED BY APPLICABLE LAW. MILESTONE EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF CUSTOMER OR USER ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OUTPUT, OR OTHERWISE IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES. MILESTONE’S PROVISION OF THE SERVICES, INCLUDING ALL RELATED OUTPUT, ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. CUSTOMER ACKNOWLEDGES AND AGREES THAT OUTPUT DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE FINAL ADVICE.

11.4.4 CUSTOMER UNDERSTANDS THAT IT, AND ITS USERS, ARE ULTIMATELY RESPONSIBLE FOR ALL DECISIONS MADE, ACTIONS TAKEN, AND FAILURES TO TAKE ACTION BASED ON CUSTOMER’S USE OF THE SERVICES. OUTPUT IS PROBABILISTIC AND SHOULD BE EVALUATED FOR ACCURACY AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY ENSURING QUALIFIED REVIEW OF SUCH OUTPUT.

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

12.1 IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.2 EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER SECTION 14 (INDEMNIFICATION) HEREIN,

12.3 THE LIABILITIES LIMITED BY THIS SECTION 12 APPLY TO THE BENEFIT OF MILESTONE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF MILESTONE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION, AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

12.4 Customer acknowledges and agrees that Milestone has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section 12, and that such terms form an essential basis of the bargain between the parties.

12.5 If applicable law limits the application of the provisions of this Section 12, Milestone’s liability will be limited to the maximum extent permissible.

13.1 Specific Laws. Except as expressly stated in these Terms, we make no representations or warranties that your use of the Services is appropriate in your jurisdiction. Other than as indicated herein, you are responsible for your compliance with any local and/or specific applicable Laws, as applicable to your use of the Services.

13.2 Reasonable Allocation of Risks. You hereby acknowledge and confirm that the limitations of liability and warranty disclaimers contained in these Terms are agreed upon by you and us and we both find such limitations and allocation of risks to be commercially reasonable and suitable for our engagement hereunder, and both you and us have relied on these limitations and risk allocation in determining whether to enter these Terms.

14.1 By Customer. Customer agrees to indemnify, defend and hold harmless Milestone and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs incurred as a result of any third party claim arising from (i) Customer’s and/or any of its Users’ violation of these Terms or applicable Law; and/or (ii) if Customer Data, including the use of Customer Data by Milestone and/or any of its subcontractors, infringes or violates, any third party’s rights, including, without limitation, intellectual property, privacy and/or publicity rights.

14.2 By Milestone. Milestone hereby agrees to defend you against third-party claims alleging that your authorized use of the Services infringes or constitutes misappropriation of any third party’s copyright, trademark or registered US patent (“IP Claim”), and we will indemnify Customer and hold Customer harmless against any damages and costs finally awarded on such IP Claim by a court of competent jurisdiction or agreed to via settlement we agreed upon, including reasonable attorneys’ fees. Milestone’s indemnity obligations under this Section ‎14 shall not apply if: (i) the Services (or any portion thereof) was modified by Customer or any of its Users or any third party, but solely to the extent the IP Claim would have been avoided by not doing such modification; (ii) if the Services is used in combination with any other service, device, software or products, including, without limitation, third party services, but solely to the extent that such IP Claim would have been avoided without such combination; and/or (iii) any IP Claim arising or related to Customer Data or to any events giving rise to Customer’s indemnity obligations under Section ‎14.1 above. Without derogating from the foregoing defense and indemnification obligation, if Milestone believes that the Services, or any part thereof, may so infringe, then Milestone may in its sole discretion: (a) obtain (at no additional cost to you) the right to continue to use the Services; (b) replace or modify the allegedly infringing part of the Services so that it becomes non-infringing while giving substantially equivalent performance; or (c) if Milestone determines that the foregoing remedies are not reasonably available, then Milestone may require that use of the (allegedly) infringing Services (or part thereof) shall cease and in such an event, Customer shall receive a prorated refund of any Fees paid for the unused portion of the Subscription Term. THIS SECTION ‎14.2 STATES MILESTONE’S SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY MILESTONE AND/OR ITS SERVICES AND UNDERLYING TECHNOLOGY.

14.3 Indemnity Conditions. The defense and indemnification obligations of the indemnifying party under this Section ‎14 are subject to: (i) the indemnified party promptly providing a written notice of the claim for which an indemnification is being sought, provided that such indemnitee’s failure to do so will not relieve the indemnifying party of its obligations under this Section ‎14, except to the extent the indemnifying party’s defense is materially prejudiced thereby; (ii) the indemnifying party being given immediate and exclusive control over the defense and/or settlement of the claim, provided, however that the indemnifying party shall not enter into any compromise or settlement of any such claim that requires any monetary obligation or admission of liability or any unreasonable responsibility or liability by an indemnitee without the prior written consent of the affected indemnitee, which shall not be unreasonably withheld or delayed; and (iii) the indemnified party providing reasonable cooperation and assistance, at the indemnifying party’s expense, in the defense and/or settlement of such claim and not taking any action that prejudices the indemnifying party’s defense of, or response to, such claim.

Our Services includes third party codes and libraries that are subject to third party open source license terms (“Open Source Code” and “Open Source Terms”, respectively). Some of such Open Source Terms determine that to the extent applicable to the respective Open Source Code licensed thereunder, such terms prevail over any conflicting license terms, including these Terms. We use our best endeavors to identify such Open Source Code within our Services and we therefore encourage Customer to familiarize itself with such Open Source Terms. Note that we use best efforts to use only Open Source Code that does not impose any obligation or affect Customer Data or related intellectual property (beyond what is stated in the Open Source Terms and herein) on an ordinary use of our Services that does not involve any modification, distribution or independent use of such Open Source Code. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any Open Source Codes. The following copyright statements and licenses apply to specific Services components that are distributed with various versions of the Milestone Materials: Hafnia Open Source List. (See below)

The Services may be subject to U.S. or other export controls, Laws and regulations (“Export Controls”), and you acknowledge and confirm that: (i) you are not located or use, export, re-export or import the Services (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) you are not organized under the laws of, operating from, or otherwise ordinarily resident in any U.S., EU, or UK embargoed and/or sanctioned country, or a country embargoed and/or sanctioned by the United Nations, or in violation of any applicable export laws.

We may make changes to these Terms for valid reasons, such as adding new functions or features to the Services, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide Customer with notice as appropriate under the circumstances (e.g., by displaying a prominent notice within the Services, on our Sites, or by sending Customer an email). Your continued use of the Services after the changes have been implemented will constitute your acceptance of the changes.

If Customer is part of a U.S. Government agency, department or otherwise, either federal, state or local (“Government Customer”), then Government Customer hereby agrees that the Services under these Terms qualify as “Commercial Computer Software” and “Commercial Computer Software Documentation” within the meaning of Federal Acquisition Regulation (“FAR”) 2.101, FAR 12.212, Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7201, and DFARS 252.227-7014. Government Customer further agrees that the terms of this Section ‎18 shall apply to Customer. Government Customer’s technical data and software rights related to the Services include only those rights customarily provided to the public as specified in these Terms in accordance with FAR 12.212, FAR 27.405-3, FAR 52.227-19, DFARS 227.7202-1, and General Services Acquisition Regulation (“GSAR”) 552.212-4(w) (as applicable). In no event shall source code be provided or considered to be a deliverable or a software deliverable under these Terms. We grant no license whatsoever to any Government Customer to any source code contained in any deliverable or a software deliverable. If a Government Customer has a need for rights not granted under these Terms, it must negotiate with us to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement. Any unpublished rights are reserved under applicable copyright laws. Any provisions contained in these Terms that contradict any Law applicable to a Government Customer shall be limited solely to the extent permitted under such applicable Law.

19.1 Governing Law; Jurisdiction. These Terms and any action related thereto will be governed by and interpreted in accordance with the laws of the State of New York, USA, without regard to conflicts of laws principles. Any disputes, controversies, or claims arising out of or relating to these Terms shall be subject to the sole and exclusive jurisdiction of the state and federal courts located in New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, Milestone reserves the right to seek injunctive relief in any court of competent jurisdiction.

19.2 Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND MILESTONE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY 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 Milestone mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

19.4 Notice; Process. A party who intends to pursue legal action must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Dispute Notice”). The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or us may commence proceedings.

19.4 Special Statute of Limitation. Any legal action must be commenced by giving Dispute Notice within 1 year 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 time period. If applicable law prohibits such limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable Law.

20.1 Interpretations. Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within these Terms nor shall it legally bind us in any way. These Terms are written in English, and translated into other languages for your convenience. If a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.

20.2 Force Majeure. Other than for your payment obligations, if a Party fails to perform its obligations under this Agreement due to a cause beyond the reasonable control of that Party, then that obligation will be excused for the duration of that cause. This includes, but is not limited to, denial-of-service attacks, interruption or failure of the internet or any utility service and failures in third-party hosting services, strikes and shortages. Such delay or failure to meet obligations will not give rise to any claim against that Party even if it could otherwise be deemed a breach of this Agreement.

20.3 Relationship of the Parties; No Third Party Beneficiaries. The parties are independent contractors. These Terms and the Services provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.

20.4 Notice. We shall use your contact details that we have in our records in connection with providing you notices, subject to this Section ‎20.4. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Services, shall be provided as follows: via the Services, including by posting on our Sites or posting in your account, text, in-app notification, email, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing.

20.5 Assignment. These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of Milestone, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and enure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section ‎20.5 shall be null and void.

20.6 Severability. These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

20.7 No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

20.8 No Reliance. You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any statement, warranty and/or representation made (including whether innocently or negligently) by us or any other person on our behalf except as expressly set out in these Terms or an Order Form.