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Terms & Conditions

Effective Date: August 1st 2024 

INTRODUCTION

Welcome to CGaaS.ai, a codeless development platform provided by Evolza Holdings (Private) Limited, based in Colombo, Sri Lanka. These Terms & Conditions ("Terms") govern the use of the CGaaS.ai platform, including any services, features, and content provided by or through the platform. By accessing or using CGaaS.ai, the User agrees to be bound by these Terms. If the User does not agree with these Terms, the User must not use the platform.

TERMS & CONDITIONS 

1. Definitions

  • "Platform": Refers to the CGaaS.ai website, application, and any related services provided by Evolza Holdings (Private) Limited.

  • "User": Refers to any individual or entity that accesses or uses the Platform.

  • "Subscription": Refers to the different tiers of paid access to the Platform, as detailed in the Pricing and Features section.

  • "Content": Refers to all text, images, software, code, designs, graphics, data, and other material made available through the Platform.

  • "Account": Refers to the user account created for accessing the Platform and its features.

2. Eligibility

  • Minimum Age Requirement: The User must be at least 18 years old to use the Platform. By accessing or using CGaaS.ai, the User represents and warrants that they meet this minimum age requirement.

  • Account Responsibility: The User agrees to provide accurate and complete information when creating an Account. The User is responsible for maintaining the confidentiality of their Account credentials and for all activities that occur under their Account.

3. Subscription Plans and Payment

  • Subscription Plans: CGaaS.ai offers various Subscription plans with different features and pricing as detailed on the Platform. By subscribing to a plan, the User agrees to pay the associated fees and comply with the terms of that plan.

  • Payment Terms: Subscription fees are billed monthly in advance. Payment must be made using the payment methods provided on the Platform. All fees are non-refundable except as required by law or expressly stated in these Terms.

  • Automatic Renewal: Subscriptions will automatically renew at the end of each billing cycle unless canceled by the User. By subscribing, the User authorizes CGaaS.ai to charge the User's payment method on file for the renewal period.

Taxes: All fees are exclusive of applicable taxes. The User is responsible for paying any taxes, including VAT, that may be applicable to their use of the Platform.

USE OF THE PLATFORM

  • License: Subject to compliance with these Terms, CGaaS.ai grants the User a non-exclusive, non-transferable, revocable license to access and use the Platform for internal business purposes.

  • Restrictions: The User agrees not to:

    • Use the Platform for any illegal or unauthorized purpose.

    • Copy, modify, distribute, or create derivative works based on the Platform or its Content.

    • Reverse engineer, decompile, or disassemble any part of the Platform.

    • Use automated means (e.g., bots, scrapers) to access the Platform.

    • Attempt to gain unauthorized access to any part of the Platform or its systems.

User-Generated Content: If the User uploads or submits any content to the Platform, the User retains ownership of that content but grants CGaaS.ai a worldwide, royalty-free, and non-exclusive license to use, display, and distribute that content within the Platform.

  • Ownership of Source Code: Any source code developed using the CGaaS.ai platform under the User's Subscription will belong exclusively to the User’s organization. In the case of an individual plan, the ownership will lie with the individual User. Evolza Holdings (Private) Limited will not claim any ownership rights to the source code generated or developed by the User using the Platform. The User is solely responsible for the management, distribution, and licensing of such source code.

  • Ownership of the Platform: All intellectual property rights in and to the Platform, including but not limited to trademarks, logos, patents, designs, and copyright, are owned by or licensed to Evolza Holdings (Private) Limited.

  • No Transfer: Nothing in these Terms transfers any ownership rights to the User, except as explicitly stated. The User is granted only the limited rights described in these Terms.

INTELLECTUAL PROPERTY

Govering Law: These Terms are governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law principles.

  • Dispute Resolution: Any disputes arising out of or related to these Terms or the Platform shall be resolved through binding arbitration in Colombo, Sri Lanka, under the rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICLP). The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.

Modifications to the Terms

  • Right to Modify: CGaaS.ai reserves the right to modify these Terms at any time. We will notify the User of any material changes via email or through a prominent notice on the Platform. By continuing to use the Platform after the changes take effect, the User agrees to be bound by the revised Terms.

Review of Terms: It is the User's responsibility to review these Terms periodically. If the User does not agree with the modified Terms, the User must discontinue the use of the Platform.

GOVERNING LAW AND DISPUTE RESOLUTION

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  • Privacy Policy: The use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data. By using the Platform, the User consents to the practices described in the Privacy Policy.

  • Data Ownership: The User retains ownership of any data input or generated on the Platform. However, CGaaS.ai may use aggregate and anonymized data for the purpose of improving the Platform and developing new features.

Termination

  • Termination by User: The User may terminate their Account at any time by following the instructions on the Platform. Termination does not relieve the User of their obligation to pay any outstanding fees.

  • Termination by CGaaS.ai: CGaaS.ai may suspend or terminate the User's access to the Platform immediately if the User breaches these Terms, if required by law, or if the User's actions pose a security risk. CGaaS.ai is not liable for any damages resulting from such suspension or termination.

  • Effect of Termination: Upon termination, the User's right to access the Platform will immediately cease. CGaaS.ai reserves the right to delete the User's data and content after termination unless otherwise required by law.

Warranties and Disclaimers

  • Platform "As Is": The Platform is provided on an "as is" and "as available" basis. CGaaS.ai makes no warranties, whether express, implied, or statutory, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  • No Guarantee of Results: CGaaS.ai does not guarantee that the Platform will meet the User's requirements, be error-free, or operate without interruption. The User uses the Platform at their own risk.

Limitation of Liability

  • Exclusion of Damages: To the fullest extent permitted by law, CGaaS.ai, its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to the User's use of or inability to use the Platform.

  • Maximum Liability: In no event shall the total liability of CGaaS.ai for all claims related to the Platform exceed the amount the User paid for the Subscription during the twelve (12) months preceding the claim.

Indemnification

  • Indemnification by User: The User agrees to indemnify, defend, and hold harmless CGaaS.ai, Evolza Holdings (Private) Limited, and their affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with the User's use of the Platform, the User's breach of these Terms, or the User's violation of any law or the rights of a third party.

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DATA PROTECTION AND PRIVACY 

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  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  • Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between the User and CGaaS.ai regarding the use of the Platform and supersede any prior agreements.

  • No Waiver: The failure of CGaaS.ai to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment: The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of CGaaS.ai. CGaaS.ai may freely assign or transfer its rights and obligations under these Terms without restric

MISCELLANEOUS

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