Terms Of Service

Masuksini Terms of Service

Last Updated: January, 2022

Masuksini, Inc. (“Masuksini,” “we” or “our”) provides URL shortening, custom-branded link, and link management and analytics products and services to its users (collectively, the “Masuksini Services”). Please read these Terms of Service (the “Agreement”) carefully, as they govern your access to and use of the Masuksini Services and constitutes a binding legal agreement between you and Masuksini. If you accept this Agreement or use the Masuksini Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity. If you have been granted access to and use of the Masuksini Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this Agreement. In addition to this Agreement, Customer’s use of the Masuksini Services is governed by the Masuksini Privacy Policy and Masuksini’s DMCA Copyright Policy.

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A MASUKSINI ACCOUNT, PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING THE MASUKSINI SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MASUKSINI SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

SCOPE & MODIFICATIONS
1. Modifications. Masuksini reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or provide you with notice of the modification on your Masuksini Account Details page. By continuing to access or use the Masuksini Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Masuksini Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Masuksini Services.
2. Scope & Current Offerings. As of the Effective Date, Masuksini offers certain Masuksini Services to Customer. Masuksini may add, remove, suspend, discontinue, modify or update the Masuksini Services at any time, at its discretion. After the effective date of such update, Masuksini shall bear no obligation to run, provide or support legacy versions of the Masuksini Services.
3. Masuksini Enterprise Customers. If you have purchased a Masuksini Enterprise Plan, these terms may be supplemented or modified by a supplemental enterprise agreement and one or more order forms, the terms of which will control to the extent they conflict with these Terms.
4. Support, Uptime & Training. The training and level of customer support for the tier of Masuksini Services you purchase is set forth on the Masuksini Services pricing page.
PAID ACCOUNTS
1. Fees. Masuksini offers fee-based Masuksini Services that provide additional features and functionality. Pricing and services for paid accounts are described on Masuksini’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Masuksini all applicable fees for the tier of Masuksini Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
2. Auto-renewals and Trials. If your account is set to auto-renew or is in a trial period and you have already provided a method of payment to Masuksini for the Services, Masuksini will charge your payment account automatically at the end of the trial or beginning of each renewal term for the renewal term, unless you notify us that you want to cancel or disable auto-renewal before the expiration of the then-current term. You may terminate the Agreement in your account’s Account Details page, or, if you purchased your Service through a Masuksini account representative by contacting your Masuksini account representative. If you are on a paid account plan lasting twelve (12) months or longer, we will notify you within 30 days before your account renews, including any changes in the Fees for the plan.
3. Payment. Customer will pay Masuksini invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes Masuksini to charge Customer for all applicable Fees using Customer’s selected payment method through Masuksini’s online payments platform. Customer will provide complete and accurate billing and contact information to Masuksini. Masuksini may suspend or terminate the Services if Fees are past due.
4. Taxes. Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the Masuksini Services. Masuksini will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. In the event Customer is required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by the Customer on behalf of Masuksini to the appropriate taxation authority and Customer agrees that it will provide Masuksini with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for Masuksini to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by the Customer.
5. Downgrades. Masuksini reserves the right to downgrade, suspend or terminate Customer’s access to any or all Masuksini Services if Fees are past due.
LICENSE, METRICS AND COMPLIANCE;
1. License to Masuksini Services. Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Masuksini grants Customer, and any other party agreed in an Order Form, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use the Masuksini Services solely to shorten uniform resource locators (“URL”), receive certain Masuksini Link Metrics (defined in Masuksini’s Privacy Policy) and, for Enterprise Plan Customers, to utilize the other products and services defined on the applicable Order Form during the Term.
2. Masuksini Link Metrics. As part of the provision of Masuksini Services, Masuksini collects and generates Masuksini Link Metrics, which are described in Masuksini’s Privacy Policy. Certain, limited Masuksini Link Metrics are published on Masuksini’s website. Customer acknowledges and agrees that all Masuksini Link Metrics are owned by Masuksini, and that Masuksini has the right to use, license, sell or otherwise dispose of Masuksini Link Metrics as detailed in Masuksini’s Privacy Policy. Masuksini does not make all Masuksini Link Metrics available to Customer. Customer may access, use, and copy the limited Masuksini Link Metrics we make available to Customer according to the Customer’s service tier. Customer may not combine any Masuksini Link Metrics with any personally identifiable information and may not sublicense, sell, syndicate or otherwise share Masuksini Link Metrics with any third party.
3. Access Credentials. Masuksini shall provide Customer with non-transferable access credentials for the Masuksini Services. Customer shall not (i) misrepresent or mask identities when using the Masuksini Services or seeking access credentials; (ii) select or use as a username or Branded Short Domain a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Masuksini. Customer shall safeguard all access credentials provided by Masuksini and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Masuksini Services; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Masuksini and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Masuksini may update, refresh or change the manner of accessing the Masuksini Services in its discretion.
4. Compliance Monitoring. Masuksini may monitor Customer’s use of the Masuksini Services for compliance with the Agreement. If Masuksini observes usage of the Masuksini Services that it believes are not in compliance with the Agreement, Masuksini will notify the Customer and give the Customer five (5) business days to remedy its non-compliance. If Customer does not remedy its non-compliance within five (5) business days, Masuksini reserves the right to suspend or terminate Customer’s use of the Masuksini Services. Masuksini reserves the right to suspend Customer’s use of the Masuksini Services without notice in the event that it believes, in good faith, the security of Customer’s Masuksini account has been compromised, or the Customer’s Masuksini account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.
INTELLECTUAL PROPERTY & LICENSE RESTRICTIONS
1. Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Masuksini is the sole and exclusive owner of all right, title and interest in and to the Masuksini Services and Masuksini Link Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Masuksini Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Masuksini Materials. Except for the limited license rights expressly granted herein, no rights to Masuksini Materials are granted hereunder and all rights in such Masuksini Materials are reserved.
2. Feedback. Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Masuksini Services or Masuksini Link Metrics (“Feedback”). However, if Customer does so, all right, title and interest in and to such Feedback shall be assigned to, and shall become the sole and exclusive property of, Masuksini upon its creation.
3. License Restrictions. Customer shall not share access credentials to exceed the user limitations of the service tier Customer has purchased. Customer and its Personnel shall not, and shall not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Masuksini or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Masuksini Services or Masuksini Link Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Masuksini Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Masuksini Services or Masuksini Link Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Masuksini Services or Masuksini Link Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Masuksini Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Masuksini Services or Masuksini Link Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Masuksini Services or Masuksini Link Metrics. Notwithstanding anything to the contrary herein, Masuksini may, in its sole discretion, immediately revoke the grant of rights set forth in Section 3 if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Masuksini will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
4. Technical Restrictions. Customer shall not exceed the number and/or frequency of API calls, concurrent URL shortens or other access to or use of Masuksini Services in the relevant documentation or as otherwise provided by Masuksini in an Order Form. If Masuksini believes that Customer has attempted to exceed or circumvent these limitations, Masuksini may suspend or block Customer’s access to the Masuksini Services. Masuksini may monitor Customer’s use of the Masuksini Services, including to ensure Customer’s compliance with this Agreement.
5. Open Source Software. Masuksini Services may incorporate software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between Customer and the applicable licensor of the Open Source Software and Customer shall comply with the applicable Open Source Software license.
6. Third Party Materials. Masuksini Services may utilize third party software or source code, including without limitation Open Source Software (“Third Party Materials”). Masuksini has no control over Third Party Materials. Accordingly, Masuksini is not responsible or liable for any Third Party Materials. While Masuksini has no obligation to monitor Third Party Materials, Masuksini may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
7. Trademarks. Masuksini grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Masuksini’s names, logos, designs, and other trademarks incorporated into the Masuksini Services (“Masuksini Marks”) during the Term and solely for the purposes of displaying such notice as part of the Masuksini Services. Customer recognizes the validity of the Masuksini Marks and Masuksini’s ownership and title thereto. Any goodwill derived from the use of the Masuksini Marks by Customer shall inure to the benefit Masuksini. Customer will not challenge the Masuksini Marks, or Masuksini’s ownership and title thereto, or the USPTO application or registration thereof, either during or subsequent to the term of this Agreement. Customer shall execute such documents as may be reasonably requested by Masuksini, or required by law, to establish Masuksini’s sole and exclusive ownership and rights in the Masuksini Marks, or to obtain registration thereof. Customer agrees to use the Masuksini Marks consistent with Masuksini’s Brand Assets it makes available at https://masuksini.my/blog, so as to protect and maintain the Masuksini Marks and Masuksini’s rights therein. To this end, Masuksini shall have the right to revoke the license granted in this Section and/or to review and approve the manner of use of the Masuksini Marks, and Customer agrees to modify the use of any Masuksini Marks which do not meet Masuksini’s standards. Notwithstanding the foregoing, Customer may not use any Masuksini Marks in any manner implying any partnership with, sponsorship by, or endorsement by Masuksini.
CUSTOMER SERVICES, CONTENT AND INFORMATION
1. Customer Services. Masuksini shall have no liability for any Customer product or service accessed through or making use of the Masuksini Services or any end user, customer or Personnel’s use thereof (“Customer Service”). Customer shall not use the Masuksini Services in any manner implying any partnership with, sponsorship by, or endorsement of the Customer Service by Masuksini. Customer shall not suggest or imply that Masuksini is the author of or otherwise responsible for the views or content of the Customer Service. The Masuksini Services shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the Masuksini Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Masuksini in any manner.
2. Customer Content. Customer hereby grants to Masuksini an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs and other information provided by Customer to Masuksini (“Customer Content”) in connection with the provision, operation and promotion of the Masuksini Services, creation of Masuksini Link Metrics and for other business purposes. Masuksini’s collection, use and sharing of personal information Masuksini receives from Customer or third parties (including social media networks) is described Masuksini’s Privacy Policy. As stated in our Privacy Policy, where permitted by law, if you register a Masuksini Account with an email address on a domain owned by an organization, such as your employer, we may share your email address and information about your Account with our sales team and the business to explore the business’ interest in creating or managing an enterprise account or for related purposes.
REPRESENTATIONS AND WARRANTIES
1. Customer Content Warranties. Customer represents and warrants that Customer Content and all information on which the Masuksini Link Metrics are based, and the receipt, collection, use and provision thereof, shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) the Customer Content, and any information on which the Masuksini Link Metrics are based, was received, collected, used and provided to Masuksini in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or United States trade or export restrictions (“Laws”); (iii) it has obtained all necessary consents, approvals or other authorizations or permissions for, and has complied with its posted privacy policies and all third-party terms and conditions or privacy policies in connection with, its receipt, use and/or provision of the Customer Content and all information on which the Masuksini Link Metrics are based; and (v) that none of the Customer Content or information or data on which the Masuksini Link Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.
2. Further Customer Warranties. Customer further represents and warrants that (i) it has implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Masuksini Services or Masuksini Link Metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the Masuksini Services subject to any open source or similar license which creates an obligation to grant any rights in the Masuksini Services; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Masuksini Services or Masuksini Link Metrics; (iv) in the event of any security breach or unauthorized access to any Masuksini Services, Masuksini Link Metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify Masuksini in writing, and, unless otherwise notified by Masuksini, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of Masuksini, all at Customer’s cost; and (v) Customer, Customer’s use of the Masuksini Services, the Customer Content and Customer Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.
3. MASUKSINI DISCLAIMERS. MASUKSINI SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MASUKSINI DOES NOT WARRANT THAT: (I) THE MASUKSINI SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE MASUKSINI SERVICES AND MASUKSINI LINK METRICS WILL BE ACCURATE, ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE MASUKSINI SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE MASUKSINI SERVICES OR MASUKSINI LINK METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE MASUKSINI SERVICES WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS USE OF THE MASUKSINI SERVICES AND MASUKSINI LINK METRICS IS SOLELY AT ITS OWN RISK. FURTHER, MASUKSINI MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT CUSTOMER’S USE OF THE MASUKSINI SERVICES AND MASUKSINI LINK METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. MASUKSINI SHALL BEAR NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE MASUKSINI LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. MASUKSINI DOES NOT WARRANT THAT THE MASUKSINI LINK METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. MASUKSINI HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE MASUKSINI LINK METRICS BY CUSTOMER AND THIRD PARTIES.
INDEMNIFICATION AND RESPONSIBILITY
1. Customer Indemnification. Customer will defend, indemnify and hold harmless Masuksini, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Masuksini Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Masuksini Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. Masuksini shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that Masuksini may approve any counsel used by Customer and that Masuksini may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of Masuksini.
LIMITATION OF LIABILITY
1. LIABILITY LIMITATION. IN NO EVENT SHALL MASUKSINI BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE MASUKSINI SERVICES, MASUKSINI LINK METRICS OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE MASUKSINI SERVICES; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE MASUKSINI SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE MASUKSINI WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE MASUKSINI SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.
TERM AND TERMINATION
1. Agreement Term. This Agreement shall commence on the date the Customer accepts this Agreement by creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by Customer, unless otherwise terminated as permitted herein (“Initial Term”). If your paid account is set to automatically renew, please see section 2(B) above for the auto-renewal terms.
2. Right to Terminate. Masuksini may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Masuksini Services and return, or, if directed by Masuksini, destroy, all Confidential Information of Masuksini. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
GOVERNING LAW & DISPUTES
1. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the Federal Arbitration Act and the laws of the State of New York without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
2. Limitation for Bringing Claims. To the fullest extent permitted by law, Customer agrees any Customer claim or cause of action arising out of, related to or connected with the use of the Masuksini Services, Masuksini Link Metrics or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
MISCELLANEOUS
1. Relationship of the Parties. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
2. Entire Agreement and Severability. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the parties with respect thereto, including any non-disclosure agreements signed by the parties. Except as may be modified in writing by the parties, including by a Masuksini Enterprise Supplemental Agreement, no additional or conflicting terms set out on Customer order, invoice, statement or other document, or contained in any “shrinkwrap” or “clickwrap” agreements, are binding. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
3. Force Majeure. Except for any Fees due hereunder, neither party shall not be liable for any delay in performing or failure to perform its obligations hereunder where such delay or failure results from any cause beyond its reasonable control, including, without limitation, cyber-attacks, mechanical, electronic or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.
4. Assignment. Except to an affiliate or in the event of a merger, acquisition or other change of control, neither party may assign this Agreement without the prior written permission of the other party, and any attempt to do so is void. This Agreement shall be binding on any permitted successors and assigns.
5. Notices. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing to the addresses listed above and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
6. Headings; Interpretation. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”
7. Export. The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the Masuksini Services without all required United States and foreign government licenses.
8. General. The failure of Masuksini to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Masuksini. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
9. Publicity. Customer grants Masuksini the right to use Customer’s logos or trademarks in marketing or publicity materials and on its website to identify Customer as a customer that uses the Masuksini Services.
10. Contacting Masuksini. If you have any questions about these Terms, please contact us at support@Masuksini.my.

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