TERMS OF USE

1. About this Agreement

1.1 The terms and conditions set out below must be observed, respected and accepted by you (“Subscriber”) before using the Application (“Abikiss” or “Application” or “App”), considering that all the content, services, and features (collectively referred to as the “Service”) that circulate or are placed at the disposal of the Subscriber shall be governed by these terms of use.
1.2 The Service offered is subject to the terms contained herein and to all other operating rules, policies, and procedures that may be published from time to time through the Application.
1.3 Abikiss is the exclusive property of Olin Enterprises, headquartered at 5405 Alton Pkwy Ste 5A-454, Irvine, CA 92604.
1.4 It is recommended that you read these Terms of Use before using Abikiss, because once you subscribe, you agree and are bounded by terms set forth herein, which form a legally valid agreement between you and Olin Enterprises. In the event that you do not agree to any of the terms set forth in this agreement, please do not use the Application.
1.5 If you are using Abikiss on behalf of an employer, customer, or any other entity (“Company”), you represent and warrant that you have the power and ability to bind that company to accept these Terms of Use for use of the Application.

2. Correct Use of Abikiss

2.1 Olin Enterprises, through Abikiss, offers an online business process management Service (“Service”), and the Subscriber may use the Application for personal use or for internal business purposes of the organization that he/she represents.
2.2 During the use of the platform, the Subscriber may find free Services for testing and evaluation purposes, which will be available for an indefinite period or until Olin Enterprises, in its sole discretion, decides to exclude or definitively offer them in its final format, when this use may be charged.
2.3 To gain access to all functionalities of the Service, a paid subscription is required because the free version only grants access to portions of the Service.
2.4 The interactions between Subscriber and his/her clients and colleagues during the use of Abikiss will include no participation of Olin Enterprises, and the Subscriber exempts Olin Enterprises from any responsibility, being fully aware that Olin Enterprises is only responsible for the Service that grants communication between the parties.
2.5 By using Abikiss, the Subscriber understands and agrees that he/she solely is responsible for the legality, accuracy, security, and convenience related to the content published in the Application, and may be held liable in civil, criminal, administrative, and labor matters for third party offenses.
2.6 The Subscriber entirely is responsible for verifying that the information inserted into Abikiss has been updated and transmitted correctly to the servers of the Application. Olin Enterprises does not have any responsibility for issues related to the Internet connection and data storage capacity on the devices used by the Subscriber.
2.7 When using Abikiss, the Subscriber may not carry out any activity that: (a) violates these Terms of Use; (b) restrict, inhibit, deceive, interrupt, interfere with, limit or prevent the correct operation and use of the platform; (c) abuse, defame, harass, demean, or threaten any third party; (d) is considered illegal or, in Olin Enterprises’s sole discretion, is in disagreement with the principles it understands applicable to its business; (e) use any robot, spider, crawler, scraper, or any other automated means to access the Application or attempt to circumvent it; (f) perform the transmission of junk mail, spam, chain letters, phishing, or unsolicited email distribution; (g) impose or may impose, at Olin Enterprises’s sole discretion, a disproportionately high burden on the technical infrastructure provided; or (h) circumvent or violate any security measures taken to restrict access to Abikiss.
2.8 Olin Enterprises may permanently block or disable access to the platform if it understands that the Subscriber has practiced any of the activities listed above, without prejudice of the possibility that the Subscriber be considered liable for all damages and damages caused to Olin Enterprises.

3. Subscriber Accounts

3.1 By registering with and using Abikiss, the Subscriber must provide his/her true, complete, and non-misleading information, maintaining the security of his/her account and being responsible for all acts performed through it. Olin Enterprises may refuse or cancel access to Abikiss if it discovers any untrue information, without any right to indemnify the Subscriber.
3.2 Each Subscriber receives a single account. He/she should not share the login credentials with other people. In the Subscriber becomes aware of the improper use of his/her account, he/she must immediately notify Olin Enterprises of the occurrence, which may carry out the immediate suspension of access of the compromised Subscriber.
3.3 When subscribing to Abikiss, the Subscriber must provide his/her data to create an account and, after approval, Olin Enterprises will make available all the necessary tools to use the Application.
3.4 All interactions between the Subscriber and Olin Enterprises may be stored on Olin Enterprises’s server. Abikiss does not, however, filter or make any type of selection, and has no control over the content posted by the Subscriber, being at its sole responsibility all information provided to the system.
3.5 Olin Enterprises seeks honest interactions and discourages interactions that are not carried out in accordance with these Terms of Use. The Subscriber guarantees the veracity, quality, integrity, and legality of his/her data and his/her attitudes and is aware that he/she fully is responsible for his/her actions carried out through the Service.
3.6 The Subscriber understands that, by the very nature of the Application, Abikiss will go through periods of maintenance and could experience some loss of data, situations in which the Subscriber will not have any right of indemnity for any title.
3.7 The Consultant and the Subscriber may terminate their accounts at any time by logging in and adjusting the appropriate settings.

4. Company’s Accounts and Administrators

4.1 In case the Subscriber registers on behalf of a company, the Subscriber may specify the type of access that the company will have through the service, being able to choose between Business and Enterprise, each having its own limitations and specifications that should be consulted by the Subscriber.
4.2 The Subscriber is responsible for: i) ensuring the confidentiality of the Subscriber’s login credentials, ii) registering competent persons as Users associated with the company account, and iii) ensuring that all activities performed regarding the company account are in accordance with these Terms of Use.

5. Payment

5.1 The use of Abikiss can be free or paid, varying the amount charged and features made available according to the chosen plan.
5.2 The payment will be made through the service, a process that will make available to the Subscriber several payment methods.
5.3 The delay of payment cancels the contracting by itself, being the Subscriber unable to use the Application or access the project made available in the platform.

6. Intellectual Property

6.1 The intellectual property of Abikiss and all related Services, including any improvements or modifications thereof, and any related documentation, as well as the visual and textual elements and the selection, arrangement, and compilation of data incorporated in the Application are works protected by the Intellectual Property Law, belonging exclusively to Olin Enterprises.
6.2 Olin Enterprises may receive opinions, comments, suggestions, and from Subscribers and, from the sending of such information, will be considered Olin Enterprises’s exclusive and non-confidential property. By transmitting the idea, information, concept, know-how, technique or material, the Subscriber grants Olin Enterprises an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information at any medium and shape.
6.3 Olin Enterprises grants the Subscriber limited, personal, non-exclusive, revocable, non-sub-licensable, and non-transferable access to Abikiss.
6.4 All proprietary rights of Abikiss are exclusive to Olin Enterprises, and the Subscriber may by no means copy, modify, distribute, reverse engineer, decompile, disassemble, or perform any work based on the Application, including any translation or adaptation of the text.

7. Property of the Content

7.1 Olin Enterprises respects the ownership rights of the contents created or stored by the Subscriber. Except as specifically permitted by Subscriber, the use of Abikiss does not grant Olin Enterprises the license to use, reproduce, adapt, modify, publish, or distribute the content created by the Subscriber or stored in its account.
7.2 The Subscriber hereby grants Olin Enterprises permission to access, copy, store, transmit, and reformat the content of the Subscriber’s account solely for providing the Services described in the Application and improving the use of the platform.

8. The Content Generated by Subscribers

8.1 The Subscriber may transmit or publish the content created by him/her using any of the features available in the Application, being solely responsible for that content and the consequences of its transmission or publication.
8.2 Any content made public will be accessible through the Internet and can be crawled and indexed by the search engines. The Subscriber is solely responsible for defining the level of privacy of the generated content, which may be private or public.
8.3 Any content that the Subscriber receives from other Subscribers or from the Consultants shall be considered personal use, and the Subscriber may not use, copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit such content for any purpose without the consent expressed by the person who owns the rights to such content.
8.4 If Olin Enterprises receives any intellectual property claim and verifies that the Subscriber is using the third-party content without authorization, Olin Enterprises shall have the right to block the Subscriber’s access, as well as to remove such content from the Application, with the Subscriber being responsible for all damages caused to Olin Enterprises and third parties.

9. Other Intellectual Property’s Violation

9.1 In the same way that Olin Enterprises requests that its Subscribers respect its intellectual property rights, it requires them to respect the intellectual property rights of third parties. If you are the copyright owner (“the Complainant”) or believe that any content published at Abikiss infringes your copyrights, you may submit a written complaint to emerson@olin-enterprises.com and provide the following information:

a) A document that demonstrates that the Complainant is the intellectual owner of the violated work;

b) Identification of the work that claims to have been violated within Abikiss;

c) Sufficient information to enable Olin Enterprises to contact the Complainant, such as address, telephone number, and e-mail address.

10. Obtaining Information

10.1 Abikiss may collect, store, and share geolocation information according to the data made available to Olin Enterprises by Subscribers.

11. Application Updates and Changes

11.1 Olin Enterprises may perform updates on Abikiss. Updates are required to improve and refine the Application, bringing the Subscriber a better navigability experience.
11.2 Olin Enterprises may modify or eliminate functionality of the Application at any time and in its sole discretion, if it does not prejudice rights already acquired or works in progress.

12. Termination

12.1 Olin Enterprises may disable Subscriber access to any part of the Application in the following cases:

If the Subscriber violates any provision of these Terms of Use;

If Olin Enterprises is bound by law or judicial order;

If Olin Enterprises believes that the Subscriber is infringing or violating the rights of third parties, and may result in civil or criminal liability for its reputation.

12.2 Termination may result, in Olin Enterprises’s sole discretion, in the loss and destruction of all information associated with the Subscriber’s account. If the account is canceled or terminated for any reason, the Subscriber will no longer be able to access the information stored in his/her account.
12.3 All provisions of this Agreement that, by their nature, must survive termination, including but not limited to ownership provisions, warranty exemptions, civil liability, limitations of liability, and miscellaneous terms, shall remain in full force and effect.

13. Warranty Disclaimer

13.1 Abikiss is provided and accepted in the technical and perfection state it is in, and, therefore, Olin Enterprises does not respond to any other warranty, including quality, Internet operation, productivity or results, or any other adjustments not mutually agreed between the parties.
13.2 The Subscriber agrees that all Applications, regardless of their producer or characteristics, are a kind of product or service that is constantly updated and improved, possessing, always and unconditionally, aspects to be improved, which cannot be considered itself as faults or defects.
13.3 The parties declare that they are fully aware that the use of any computer system, whether in an internal network or on the Internet, is subject to attacks by third parties. Therefore, neither party is responsible to the opposing party or third parties for any damages caused by invasions by any third party, such as hackers, except for liability for any noncompliance with security obligations, especially the responsibility of the Subscriber for the security of his/her login credentials.
13.4 The Subscriber solely is responsible for the use of Abikiss from his/her login credentials, and undertakes to fully indemnify Olin Enterprises for damages caused to him/her by the illegal or irregular use of the Application.
13.5 Olin Enterprises shall not be liable for: (i) personal or material damages of any nature resulting from the use of the Application not directly caused by Olin Enterprises; (ii) any interruption in the operation of the Application, (iii) any errors, viruses, Trojan horses, malware, or adware that may be transmitted by the use of the Application.

14. Limitation of Liability

14.1 Olin Enterprises’s liability for any damages arising from the availability of the Application will be limited to a prevailing minimum wage, and in no case will Olin Enterprises be liable for any damages, loss of profits, emerging damages, or commercial failures of the Subscriber.

15. Indemnification

15.1 The party responsible to third parties for any act or fact arising from these Terms of Use undertakes to defend the innocent party when it is defended in its place, judicially or extra-judicially, and must pay to the innocent party all the amounts paid by him with his defense or indemnities, including the hiring of lawyers, and the responsible party, when appropriate, shall provide for the procedural substitution of the innocent party.

16. Complaints

16.1 If Olin Enterprises receives any complaint against the Subscriber regarding the activities performed during the Abikiss’ use, it will forward the complaint to the main email address registered in the Subscriber account, and the respondent shall respond directly to the Complainant and with copy to Olin Enterprises within 48 (forty-eight) hours.
16.2 The absence of manifestation within the above-mentioned term will be interpreted as authorization for Olin Enterprises to send the data of the Subscriber to the Complainant.

17. General Conditions

17.1 The Parties of these Terms of Use are, and will remain, independent contractors and nothing in these instruments may be construed to constitute a joint venture or any other formally association between the parties, or between these and any of their respective partners, administrators, or employees. Accordingly, neither party shall have the power to bind the other party to third parties or to assume obligations on behalf of the other party.
17.2 Any amendment to the instruments shall be made by written instrument, signed by both parties.
17.3 Communications and notifications between the parties arising from this Agreement shall be made in writing or through instruments that allow proof of receipt, becoming effective on the date of receipt. The notification should be directed to emerson@olin-enterprises.com.
17.4 From now on, all interested parties elect the jurisdiction of Santa Ana, CA to resolve any controversies existing because of the use of Abikiss.

18. Third Party Terms

18.1 Subscribers agree that in addition to these Terms of Use, the use of Abikiss is subject to the usage rules set forth in terms of use available on the App Store or Google Play, depending on the platform used to download the Application, which is why you agree to abide by them and accept them when downloading the Abikiss mobile phone application.