These General Terms and Conditions of Use (hereinafter, the "Terms and Conditions") govern the access and use by the User (as defined below) of the Platform https://my.AFRUS.app/(hereinafter, "the Platform"), as well as the contracting of products and services through it.

The identification and contact details for AFRUS IMPACT TECHNOLOGIES CORPORATION are as follows:

• The responsible party is AFRUS IMPACT TECHNOLOGIES CORPORATION
• Its EIN: 88-3310501
• Its address is: 8 The Green Ste A Dove, CP 19901 Delaware, USA
• Email: info@AFRUS.app
• Phone: +17728673088

The purchase of services offered through the Website implies acceptance of the terms and conditions set forth in these General Service Conditions; therefore, before proceeding with your acceptance, please read their content carefully. If you do not accept these General Conditions, the purchase of products/services will not proceed and, consequently, will not entail any obligation or liability on the part of AFRUS IMPACT TECHNOLOGIES CORPORATION.

We ask that you make proper use of AFRUS's services. You may only use AFRUS's services lawfully. Any breach by you of these terms of use or the general terms and conditions of the services will result in their blocking.

Registration and/or use of the "Platform" as a User constitutes a declaration of understanding and acceptance of these terms and conditions.

USE OF OUR SERVICES:

Your use of the "Platform" confirms your agreement with the terms and conditions set forth below. Please read them carefully before using the Platform. If you do not agree with any section of the content, we suggest you refrain from using it. This "Platform" is offered to you as a User for your acceptance, without negotiation of the terms, conditions, and clauses contained herein. The relationship between the "Platform" and you shall be that of independent contractors, and neither party (including officers, agents, and employees) shall be considered or constituted as partners, joint ventures, fiduciaries, employees, and/or common agents.

You may not assign, subcontract, or delegate your rights, duties, and obligations stated herein.

You must comply with the following Service Usage Policy:

1. Users may not access or misuse our services, nor may they interfere with the provision of services offered through this "Platform."
2. The use of our Services does not grant any intellectual property rights over our Services or Platform.
3. The use of our Services does not grant any intellectual property rights over the content you access.
4. These terms do not grant you the right to use any trademark or logo used in our Services, whether belonging to third parties or AFRUS.
5. AFRUS may send you advertisements related to the Service, administrative messages, and other information. You can opt out if you do not wish to receive this information.
6. You may not remove, obscure, or modify any legal notices appearing in or on our Services.
7. The User may use our services only to the extent permitted by law and our instructions. If misuse is detected and/or verified, we may suspend or cease providing our services to the person(s) involved in such actions.
8. The User may not access AFRUS services (i) in any way that causes, or may cause, damage or harm to any of AFRUS's services or interruption of access to them; or (ii) for any fraudulent purpose, or for the purpose of committing any crime or other illegal activity of any type; or (iii) to cause any kind of nuisance or inconvenience to a third party.

REGISTRATION REQUIREMENT

The use of the services is subject to prior User registration, where the User must complete all fields of the registration form with valid data. Anyone aspiring to become a User must verify that the information provided to AFRUS for registration on the Website is accurate, precise, and truthful (hereinafter referred to as "Personal Data"); they also commit to updating their Personal Data whenever it changes. AFRUS is not responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity, and authenticity of the Personal Data made available on the Website.

The Personal Data entered by any User on the Website must be accurate, current, and truthful at all times. AFRUS reserves the right to request additional proof and/or data to corroborate the Personal Data, and to temporarily and/or permanently suspend Users whose data could not be confirmed. The cancellation or disabling of a User implies the removal of all Campaigns they may have published, without generating any right to compensation or indemnity.

We reserve the right to deny access to the service, cancel any account, and remove or alter any content if the User violates applicable law, these terms of use, or any other applicable terms, conditions, or policies.

SERVICE DESCRIPTION

AFRUS is cloud-based software used to manage fundraising strategies. The User's account can only be linked to one tax identification number and connected to a single bank account.

Through the AFRUS platform, the User can create Campaigns that will be published on the User's websites or on the digital channels they specify. These Campaigns allow for the configuration of Payment Points or Widgets (which will be linked to the campaign by the User through the configurations offered by AFRUS). Furthermore, the User will be responsible for integrating the Campaigns generated on the Platform into their website by embedding an insertion code that will be accessible from the AFRUS platform.

The content of the Campaigns will be determined by the User. Consequently, the User acknowledges and accepts that the information entered by them into the Campaign content will be available to the general public, with the User being solely responsible for its content. For these purposes, the User expressly declares and guarantees that they are the owner and/or licensee of the intellectual and industrial property rights that form part of the Campaign content, and that they comply with applicable legislation and/or obligations and/or commitments to third parties.

The User may receive transactions through Widgets integrated with the payment gateway. The User owns and is responsible for the management of data and the privacy policy that covers them. At any time, the User can unsubscribe from the platform and export their databases. The User's account will be deactivated and information deleted; however, AFRUS may store anonymized information or usage logs for statistical purposes and studies.

Recurring payments managed by our billing engine:

When an end customer signs up for a subscription or recurring monthly charge offered by the User, depending on the payment gateway used by the customer, the monthly charge for these subscriptions will be made through the selected payment gateways, but its execution will be carried out by our "Recurrencies Engine," which will make the API Call to the Payment Gateway to indicate that the monthly charge should be made, and will monthly manage the logic of when to charge, what retries to make, and will administer the monthly collection of these subscriptions. It is important to understand that subscriptions are dependent on this Recurrence Engine; therefore, if AFRUS is no longer used, the collection of subscriptions will automatically be suspended.

Communications:

The User may send communications or auto-responses from the Platform manually or automatically. The User will be solely responsible for reporting the tax treatment of the Campaign, as well as, where applicable, issuing and sending tax certificates for each donation to each person making transactions. End-users or individuals making transactions in Campaigns published by the User will maintain a legal relationship solely with the User, which will be governed by the terms established and published in the Campaign, under which the donor must accept the Campaign's terms and conditions. These terms and conditions must be linked in all Widgets created by the User on the platform and must include a third-party disclaimer in relation to each Campaign published by the User on the Platform.  

The User can use other AFRUS functionalities to support their campaign; for example, they can create Landing Pages for their campaigns and park or host a domain they own on the AFRUS infrastructure, allowing a Landing Page to be associated with that domain. Domain ownership belongs to the User; AFRUS does not provide domains for the User, and the responsibility for managing those domains rests exclusively with the User. The User must, among all options offered by AFRUS, configure and use the features they deem relevant to strengthen their campaigns, where all interactions between the User and their end customers are the User's responsibility; likewise, in the case of User's customers who have active subscriptions and wish to cancel them, managing the unsubscribe process within the module, allowing their "customers" to cancel the subscription, is the User's responsibility.

Communications Module (Newsletters, Blasts, Automated Sequences, and conversations from other channels such as SMS, Whatsapp or similar, and existing functionalities in the AFRUS communications module). User accounts on the platform have these modules activated. The User will have the option to use this module or leave it unused. The use of this module will automatically generate costs based on the pricing plan accepted by the User at the time of Sign Up or subscription as a new AFRUS User. Email-based communications must be sent from the client's domains, for which purpose it is necessary to configure DNS rules on the client's domain as requested by AFRUS. If the User does not perform these configurations, it will not be possible to extensively use the communications module, and this is not AFRUS's responsibility. Through AFRUS, transactional communications can be made to confirm end-user activities, and interactions can be made via the enabled channels to the User's database, either to the entire database or through a segment previously filtered by the User. The User is free to create the interactions they wish to send to their community. The User must only use AFRUS under the guidance of best communication practices for channels such as email marketing, not sending SPAM, not sending unsolicited communications to clients who have not agreed to receive communications, not uploading unsuitable databases, and generally following the best practices that are mandatory for this type of interaction, across any of the enabled channels. If a user does not follow the related best practices and has poor negative indicators, AFRUS reserves the right to restrict the communication channel for that user. For example, if a User's domain reputation is questionable, their messages could be deleted or relegated to the junk mail folder. Recipient ISPs may also decide to throttle their email, preventing it from being delivered to their recipients on time. Based on the reputation index, we may progressively increase daily sending. The User is responsible for contacting clean databases that have previously opted-in through lead capture forms or databases. The User will be responsible for configuring the unsubscribe option in all email templates used to allow their Users to cancel their email subscription. The User must ensure the health of their databases (Hard Bounce and Soft Bounce Management, Unsubscribe, reviewing email interaction). The consistency of the content in emails generated from different traffic sources will be the User's responsibility.

Based on the account's sender reputation, we may unilaterally block the User's account for misuse of the service, taking into account these parameters:

1. Messages flagged by commercial anti-spam filters.
2. A discrepancy between the branding in messages and the sending email address.
3. Messages containing content commonly associated with unsolicited mail.
4. Email sending patterns associated with unsolicited mail.
5. Sending from or linking to domains with a poor reputation according to online reputation monitoring systems.
6. Unclear or inconsistent branding.
7. A missing, broken, or hard-to-find unsubscribe link.
8. Broken links.
9. Message content implying the recipient did not explicitly request to receive the message.
10. Promotion of illicit or questionable content.

Additional AFRUS modules:

1. Crowdfunding API: The User can create micro-sites for their Campaigns to invite potential followers to join them. These micro-sites can be integrated into AFRUS via our API. This service will have a cost according to the plan accepted by the user at the time of Sign Up.

1. Peer to Peer: The User will allow their followers to raise funds on their behalf. It will provide another way for them to support their organization. This service will incur an additional cost to the use of the Platform, which will depend on the negotiation conducted with the User.

1. Petitions API: The User will mobilize their followers and launch petition campaigns that encourage changes in their environment. This service will incur an additional cost to the use of the Platform, which will depend on the negotiation conducted with the User.

1. New modules or changes in functionalities: AFRUS may add new modules or make alterations to existing ones. To this end, AFRUS constantly updates its knowledge library available at https://howto.AFRUS.org where the user can always consult how to use our modules and relevant information to get the most out of the platform.

1. Featured Analytics Services: AFRUS users can request access to advanced analytics services, which come with a cost depending on the reports and functionalities the user wishes to access.

1. Additional services available: AFRUS offers additional services that can be contracted by the User when needed. These services have a cost that will be specified at the time of requesting the service and can be freely accepted or declined by the User.

1. Fundraising Support: Campaign design, content creation, video creation, donation experience design.

1. CoPilot: (Support Hours): Our CoPilot service provides you with a member of our Customer Success team to guide you through the personalized implementation of some of your modules on the platform. Together with the User, they can create campaigns with their respective forms, configure donation certificates, upload databases, or automate communication flows, among other things.

1. Setup: Support services during the AFRUS account setup process, to help organizations with assisted onboarding when creating an account and taking their first steps with AFRUS. Setup services are offered in packages, from which the User can choose the package most suitable for their needs.

1. New modules: AFRUS may continuously develop new modules, which may be included in the monthly AFRUS license, or may require an additional payment depending on the module's specifications.

AFRUS IMPACT TECHNOLOGIES grants to the User, who accepts, a non-exclusive, worldwide, non-sublicensable, and non-transferable license to use the AFRUS platform, which it makes available under the conditions and usage limits contained in this text. Access to the Platform's services is not free, so the User will pay the fees established by AFRUS through a commercial proposal sent via email. The use of the platform is exclusive to the Registered User with whom the commercial agreement was made. The User may not share their account with affiliated, parent, or subsidiary companies.

The use of the AFRUS service, in accordance with the license terms, includes a monthly consumption limit of 200,000 (two hundred thousand) impressions for 'landing pages' hosted on the AFRUS platform, or an equivalent limit of 200,000 (two hundred thousand) impressions for widgets generated through it. Should the Registered User exceed the stipulated consumption limit during a monthly billing period, additional charges for resource overconsumption will be generated, which will be billed and included by the operations team in the subsequent invoice issued to the Registered User.

MAINTENANCE AND UPDATE OF SAAS SOFTWARE

The provision of the software-as-a-service (SaaS) includes all improvements and/or updates (upgrades and updates) of the SaaS Software that are available at all times and developed within the framework of this Agreement. The SaaS Software upgrades and updates will be applied to the AFRUS Platform, so if necessary, the Client must update their Campaigns.

SERVICE LEVEL AGREEMENT (SLA)

AFRUS guarantees platform availability of 99.5% of the time, 24 hours a day, 7 days a week, throughout the year. This ensures that from a device with a conventional internet connection and a modern browser, the User can access their platform with that availability. This does not include connectivity issues that the User's device may have with their equipment. Nor does it include the internet availability that the User must contract with a third party, or update or synchronization processes. Nor does it include issues specific to the payment gateway or associated software required for AFRUS to function.

AFRUS commits to addressing incidents or errors in service provision in accordance with the service level agreement (“SLA”).

Event Types

All events will be received via support@AFRUS.app and converted into tickets. These tickets will be classified according to the event type based on their criticality or urgency level, with the classification determined by the AFRUS team:

• Incidents / System Issue:

• High Criticality: A critical function is inoperable. Example: Failure in transactional processes, such as a non-functional form, or inability to process transactions due to platform issues.
• Medium Criticality: A part of the system is not functioning without affecting client operations. Example: A report cannot be downloaded.
• Low Criticality: A part of the system is not functioning without affecting client operations, and a response can be delayed. Example: Misaligned report format.

1. Support: Any questions regarding the platform's operation based on event types, the response times for diagnosis during business hours from 9:00 to 17:30 (UTC -5) on weekdays are as follows:

• High Criticality: 24 hours
• Medium Criticality: 72 hours
• Low Criticality: 3-5 business days
• Support: Maximum 5 business days

Public support channel for events: support@AFRUS.org

When a specific solution is needed based on the diagnosis, the implementation time depends on the estimate provided by the AFRUS technical team.

The support channels included in the AFRUS license are:

• Self-service support: Via chat available once logged into the platform, or via the website https://howto.AFRUS.app/,
• Email support support@AFRUS.org

The license does not include support for channels based on phone calls, teleconference access, WhatsApp, Discord, or similar. To obtain personalized support through any of these channels, the user must contact the AFRUS sales team and request a proposal.

If a user requires a higher SLA, they must request a commercial proposal to obtain dedicated infrastructure that allows for a higher SLA.

SERVICE SUBSCRIPTION (Fees and payment method. Subscription type).

Payment for the service will be established through a monthly subscription, according to the terms detailed in the commercial proposal sent to the user via email. For additional services, a commercial proposal will also be sent via email. Payment must be made by credit or debit card (depending on the card network; in some countries, debit cards function as credit cards). With the selected payment method, the monthly subscription and any additional services, such as the Automation Module (Communications), will be automatically charged, and the corresponding invoice will be sent to the email address registered during the registration process: https://es.AFRUS.org/sign_in/ from the email address billing@AFRUS.app. The payment link provided includes acceptance of the terms and conditions. These terms and conditions are part of the Software as a Service (“SaaS”) agreement. The user is free to close their account at any time, provided that the last outstanding monthly fee has been paid.

Additionally, the prices indicated for the service are net and do not include local taxes, which may vary depending on the User's jurisdiction. All local taxes will be assumed by the contracting organization and must be settled in accordance with current legislation in the corresponding country.

PAYMENT GATEWAYS

The User will choose the payment gateway (Gateway) available on the AFRUS Platform to activate it on their platform. Consequently, the Client will contract directly with the payment method provider (hereinafter "Payment Gateway"). The User will accept the Terms and Conditions of the Payment Gateway, which will operate according to the country where they are located. In no case is AFRUS responsible for justified or unjustified delays by the Payment Gateway.

The payment gateway will be responsible for processing transactions securely and in accordance with applicable regulations, including PCI DSS (Payment Card Industry Data Security Standard).

COLOMBIA SECTION

Organizations located in Colombia will have a Transaction Module to manage and monitor in real-time payment operations made through their forms, widgets, and campaigns. Features include transaction status control, data export, refund management, and administration of funds to be disbursed.

For the implementation of this Transaction Module, the following services will be provided by AFRUS IMPACT TECHNOLOGIES COLOMBIA S.A.S., an allied company and subsidiary of AFRUS IMPACT TECHNOLOGIES CORP:

• Access to electronic payment processing services for donations.
• Provision of fixed terminals for donation processing.
• Assistance in creating WEB portals through developments provided by AFRUS IMPACT TECHNOLOGIES COLOMBIA S.A.S.
• Disbursement of funds to SUB-MERCHANTS as compensation for monies collected in the accounts enabled by them during the registration process.
• Processing direct payments to SUB-MERCHANT accounts for the sale of products and goods or donations.

Transaction Module Access and Use Conditions

• Access to the Transaction Module requires the Client to have an active and current AFRUS account and to be properly linked to an authorized payment gateway.
• The use of the module is strictly limited to legitimate purposes directly related to fundraising and donation management inherent to the Client organization's social mission.
• The use of the module for illicit, fraudulent, or activities unrelated to the organization's social mission and purpose is expressly prohibited.

By using this module, the Client accepts the terms and conditions of AFRUS IMPACT TECHNOLOGIES COLOMBIA S.A.S., published at https://pasarela.afrus.ai/.

Responsibility for Information and Transactions

The Client is solely responsible for the accuracy and veracity of the information and data uploaded in the forms and campaigns that use the Transactions Module.

Transaction Statuses and Payment Approval

The module reflects the following possible transaction statuses: Successful, Pending, Failed, Refunded, or Abandoned.

AFRUS acts solely as an information facilitator for transaction status. AFRUS does not guarantee the approval or successful completion of payments, as such approval depends exclusively on entities external to the service (including, but not limited to, issuers, acquirers, and payment gateways).

Refund Functionality

The module enables the Client to request and process the reversal or refund of transactions, provided this functionality is enabled and permitted by the linked payment gateway.

Refund processing will be carried out in accordance with the timelines, requirements, and policies established by each financial institution or payment gateway.

The Client is responsible for verifying with the donor the justification, necessity, and validity of each refund request before processing it.

Fund Management, Calculation, and Disbursement

• Net Calculation: The Client can view and calculate the net amounts to be disbursed, taking into account legal withholdings, gateway fees, and other applicable margins.
• Amount Selection: The module allows the Client to select specific amounts for disbursement, always respecting the operational rules of the payment gateway and the actual availability of funds.
• Disbursement Delays: AFRUS assumes no responsibility for delays, failures, or interruptions in the disbursement process attributable to the payment gateway, the acquiring bank, or regulatory conditions.

Fraud Prevention and Detection

• AFRUS has monitoring mechanisms, including artificial intelligence, for the proactive detection of operations and activities considered suspicious or fraudulent.
• The Client agrees to review, address, and take timely action regarding fraud alerts notified by AFRUS.
• AFRUS reserves the right to immediately suspend or terminate the service if it detects or has reasonable indications of fraudulent activities or violations of these terms by the Client.

Donor Communication

• Notification Obligation: The Client is obligated to notify the donor about the final outcome of their transaction (successful or failed), as well as to manage acknowledgments or payment retry cases.
• Notification Tools: AFRUS provides notification tools; however, it is not responsible for the Client's omission or improper use of these tools.

Data Export and Reconciliation

• The module allows for the export of transaction reports to facilitate the Client's bank and accounting reconciliation.
• It is the Client's sole responsibility to perform periodic and systematic reconciliation of transactions recorded in AFRUS, their payment gateway, and their bank statements.

Limitation of AFRUS's Liability

• AFRUS will not be liable for technical failures, service interruptions, or damages resulting from:
• Problems with payment gateways, banking networks, or external internet service providers.
• Force majeure or unforeseen circumstances.
• AFRUS does not guarantee or assume responsibility for achieving a minimum transaction volume, amounts collected, or specific revenue levels for the Client.

COPYRIGHT PROTECTION:

All content made available to the User, such as text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of the entity that makes it available. Such information is protected by international intellectual property, copyright, and database rights laws.

Systematic extraction or reuse of any part of the content or information obtained through our services is not permitted without our written consent. The User is not permitted to create or publish their own databases if these contain substantial parts of any of AFRUS's services.

TRADEMARK:

The graphics, logos, page headers, button icons, scripts, and service names included in or made available through AFRUS's services are registered or represent AFRUS's trade dress. AFRUS's trademarks or trade dress may not be used in connection with any product or service that is not AFRUS's, or in any manner that is likely to cause confusion among Users or to disparage or discredit the brand.

LICENSE TO AFRUS

The User expressly authorizes the inclusion of a reference to their status as a User in AFRUS's portfolio, and AFRUS may reproduce the User's trademarks and commercial logos for these sole purposes, both on its website and in presentations and documentation provided to other potential clients, provided that the User does not expressly communicate their objection to this.

DATA COLLECTION

AFRUS collects data to operate effectively and provide the best experience with our service. The User will provide some of this data directly, such as when creating an AFRUS account.

We obtain some of this data by recording how the User interacts with our products, for example, by using technologies such as cookies, and by receiving error reports or data using software running on their device. We may also use the services of other companies to help us determine location based on your IP address in order to personalize certain products according to your location.

The User will always have control over the data collected. If the User does not provide the necessary data to access a product or feature, they may not be able to use that product or feature.

The types of data we may collect include your name, email address, postal address, phone number, information about your campaigns, donors, and donations, and any other information you choose to provide.

AFRUS uses the data collected to promote the services we offer, including using data to improve and personalize your experiences. Data may also be used to communicate with the User, for example, to inform them about their account, security updates, and product information.

Personal data may be shared with the User's consent, as necessary. We also share information with affiliated companies and grants controlled by AFRUS, with browser launch providers, or when required by law or to respond to legal process, to protect our Users, to protect lives, to maintain the security of our products, and to protect the rights or property of AFRUS.

PRIVACY POLICY

You can review our privacy policy at https://afrus.org/politica-de-privacidad/

MODIFICATION AND CANCELLATION OF OUR SERVICES

For the benefit of our Users, we may make modifications and add new services to our portal. Access to our services is free, so you may stop accessing them whenever you deem it convenient, and you may also close your User account. Any concerns or dissatisfaction regarding our services can be reported to info@AFRUS.app and will be resolved within 48 hours of receiving the email.

OPINIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You can send your opinions and comments, as well as post other content, send communications, suggestions, ideas, comments, questions, or other information via email to info@AFRUS.app, provided that the content is not illegal, obscene, abusive, threatening or defamatory, does not invade the privacy of third parties, infringe intellectual property rights, or is otherwise offensive or objectionable to third parties, and does not consist of or contain software viruses, political propaganda or commercial solicitation, chain letters, mass mailings, or any other form of "spam."

SERVICES

For the benefit of our Users, we may make changes and add new services to our portal and/or applications. You may stop accessing them whenever you deem it convenient, and you may also close your User account.

RESPONSIBILITY FOR OUR SERVICES

The User shall hold AFRUS IMPACT TECHNOLOGIES CORPORATION directors and employees harmless from any claim, penalty, cause, or dispute that may arise in connection with the actions, content, and/or information of the Campaigns or the use made of them. Therefore, the Client agrees to indemnify and hold AFRUS IMPACT TECHNOLOGIES CORPORATION, its administrators, partners, directors, and employees harmless from all liability for damages, losses, and expenses of any kind (including reasonable legal costs and fees) related to any claim, cause, or dispute.

Our Services display certain content belonging to third parties. Such content is the sole responsibility of the entity that makes it available. AFRUS may review content to determine if it is illegal or violates our policies, and may remove or refuse to display content that it reasonably believes violates our policies or the law. However, this does not mean that we review all content, so the User should not assume that we will.

We will make our best efforts to ensure that the information provided is up-to-date and that there are no errors in any information transmission that may occur. However, due to the inherent nature of the Internet, such guarantees cannot be made. Furthermore, access to AFRUS services may occasionally be suspended or restricted for repair or maintenance, or for the introduction of new products or services. We will endeavor to limit the frequency and duration of such suspensions or restrictions.

AFRUS shall not be liable for (i) obligations generated between the User and the third party with whom they decide to donate, (ii) any indirect loss or consequential damages arising from our services. AFRUS shall not be liable for loss of money, data, or financial loss, nor for indirect, special, consequential, exemplary, or punitive damages resulting from donations generated based on the information provided on the platform.

AFRUS acknowledges that in some countries you may have rights recognized by law that apply to you as a consumer. If you use the services for personal purposes, none of the provisions contained in these terms or in the additional terms will limit your statutory consumer rights that cannot be contractually waived.

We may modify these terms or the additional terms applicable to the Service, so Users should periodically review the terms. We will post notices of modifications to these terms on this page. Modifications will not apply retroactively and will take effect no earlier than 15 days after they are posted.

Except where prohibited by law, you shall hold AFRUS and its directors, employees, and agents harmless from any claims for indirect, punitive, special, incidental, or consequential damages arising. (Including fees and all related costs and expenses of litigation and arbitration, or in the process or in case of appeal, if any litigation or arbitration is instituted), whether in a contract action, negligence, or other tortious action, OR arising out of or in connection with these terms and conditions, including without limitation any loss of profits, revenue, or business, claim for personal injury or property damage, resulting from this agreement and/or your access to the website, the services, and/or any of our applications.

APPLICABLE LAW

These terms and conditions, as well as the service acquired by the User, shall be governed by and interpreted under the laws of the State of Delaware. In the event of any conflict between foreign law, rules, and regulations, and the law, rules, and regulations of Delaware, the laws, rules, and regulations of Delaware shall prevail and apply. Any action or proceeding related to a dispute may only be instituted in a state or federal court in Delaware, Delaware. Accordingly, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Delaware, Delaware. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this agreement.

AFRUS GENERAL TERMS AND CONDITIONS

All software, including updates, enhancements, and any other documentation related to such software, that we make available to you at any time in connection with AFRUS services is subject to these terms and conditions of use.

CUSTOMERS IN EUROPE

AFRUS Impact Technologies has appointed a representative within the EU to handle all communications and/or inquiries regarding EU Regulation 2016/679 of April 27 of the European Parliament and of the Council.

• Company Name: LOCK4DATA CONSULTORES
• Address: C/ Estación No. 20, 28231- Las Rozas (Madrid)
• Phone: +34 91 825 67 44
• Email: dpo.AFRUS@lock4data.es

For users in the European Union, in accordance with Article 14.1 of Regulation 524/2013 on online consumer dispute resolution, we inform you of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your complaint through it by accessing the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage