Terms & Conditions of Use

NapiApp & Website Terms of Service

These Terms of Service, combined with an Insertion Order (“IO”) that has been mutually signed by both the Customer and Napi Digital Ltd, form a Service level agreement that together represent legal documentation governing the terms of use of our Website and the NapiApp as well as all Services provided by Napi Digital Ltd to the Customer. The content in this Policies section governs the legal terms of use of our Website, https://www.napidigital.io, sub-domains, and any associated web-based and mobile applications (collectively, “Website”, “Services”), as owned and operated by Napi Digital Ltd (“Napi Digital”, and used in reference with “we”, “us”, “our”).

Capitalized terms, unless otherwise specified, have their meaning laid out within the Definitions section below. These Terms of Use, along with our Privacy Policy, and other posted guidelines within this page, collectively “Policies”, constitute the entire and only agreement between you (“Customer”, “you”, “your”) and Napi Digital Ltd and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein other than the Insertion Order that has been mutually signed by both the Customer and Napi Digital Ltd in which case the IO holds legal priority. The latest copies of our Policies will be periodically posted on our Website, and you should review them all before using our Website and Services. After any revisions to our Policies are posted, you agree to be bound to any such changes to them.

Definitions

The terms "we", "us" or "our" or "Napi Digital Ltd" or "the Company" or “Napi” refer to Napi Digital Ltd, the owner of the Website.

The term “NapiApp” refers to the Napi Digital Application accessible by using dedicated login credentials to the NapiApp via https://app.napidigital.io which the Customer will receive once they have registered to use our Service.

The terms “License Fee” or “Monthly License Fee” refer to the monthly Fixed License Fee based on Account Type that is outlined and agreed upon within the Customer’s IO.

The term “Automation Event” is defined as any instance where the NapiApp, at your request, performs an Automated Task with your permission, on your behalf, thereby removing the human work involved.

The term “Royalty Fees” is used in relation to the additional fees incurred on a monthly basis as a result of using certain features accessible from within the NapiApp. These include but are not limited to:

Server Royalty Fees, VPS Royalty Fees, Bandwidth Royalty Fees, Domain Royalty Fees, and SSL Royalty Fees.

A "Visitor" is someone who browses our Website but has not registered as a Customer.

A "Customer" is a company or an individual that has registered with us to use our Service and has likewise signed an IO agreement.

Our "Service" represents the collective functionality and features as offered through our Website and through the Napi Digital Application to our Members.

The term “Insertion Order” or “IO” refers to the individual agreement signed mutually between Napi Digital Ltd and the Customer as a legally binding agreement in which the terms of the Customer’s subscription to our Service are mutually accepted by the Customer and Napi Digital Ltd. Along with the Terms of Service and Terms of Use provided herein, these constitute a Service Level agreement.

A "User" is a collective identifier that refers to either a Visitor or a Customer.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content" or “Materials”.

NapiApp

The Napi Digital App ("NapiApp") is an intuitive B2B solution offering users access to a custom configurable platform where they can purchase, maintain and automate their web hosting, billing, server and site management in one place. Through the NapiApp, users gain access to exclusive discounts from industry-leading providers of VPS & bare-metal servers, domains, SSL certificates and other digital products. Businesses obtain free support from the NapiApp team to ensure the integrity and efficiency of the platform and its features according to their specific use case and Monthly License Fee.

By using our Website and the NapiApp, you agree to comply with and be bound fully by our Policies and the relevant terms and conditions outlined in our Policies section.

Failure to Follow Policies

Failure to comply fully with these terms and conditions is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within NapiApp’s environment must adhere to the above policies.

It is within the sole discretion of Napi Digital Ltd to deactivate any accounts within our environment that we suspect of containing any content we deem to be unlawful, unacceptable or undesirable, and we reserve the right to do so without any prior written or verbal notice.

Service Agreement

The following Service Agreement (“Agreement”) applies to all services provided by Napi Digital Ltd (we, us, our) to you, the Customer, whether through our Website or through the NapiApp. By purchasing services from us, you signify your acceptance of these terms of Service and understand your obligation to adhere to them.

Orders

In order for a Visitor to become a Customer, an Insertion Order must be signed outlining the specific terms of the agreement of Service between Napi Digital Ltd and the prospective

Customer. The Visitor is responsible for the accuracy of all the information provided on the IO and will be required to sign that they have read and understood all the relevant Terms of Service and Privacy Policies of the NapiApp and the Third-party services accessible from within it. Any misleading, inaccurate or incorrect information submitted through the IO or during the signup process may lead to delays in delivering the Service or rejection to provide Service by Napi Digital Ltd. In this regard, Napi Digital Ltd cannot be held responsible for any issues caused by incorrectly submitted information by the Visitor.

Napi Digital Ltd is under no obligation to provide any service which is not explicitly included in the order. Furthermore, please note that in order to become a Customer and be eligible for the Service, you must be 18 years of age or older.

Account Ownership

The personal information which will have been submitted during the signing of the Insertion Order will be considered to be the information of the account owner and user of NapiApp and our Service.

After signing the IO with Napi Digital Ltd and throughout the lifetime of the Service provision from Napi Digital Ltd to the Customer, the Customer is responsible for informing Napi Digital Ltd of any relevant corporate changes pertaining to the operational status, license, and ultimately account ownership of those utilizing NapiApp's Service.

It is a Customer's obligation to keep the contact details such as first name, last name, email and phone up to date and to make sure they have access to the contact email address, which is used for account login and correspondence with Napi Digital Ltd.

If there is a dispute about the ownership of the account, the account will be locked until the parties to the dispute agree on a resolution or until the matter is resolved judicially.

Payment Terms

All services provided by Napi Digital Ltd are done so in accordance with the individual payment terms of the Customer’s Insertion Order and the corresponding usage and Royalty Fees therein. The Customer understands and agrees that the method of payment and payment timelines shall be in accordance with the relevant selections that were outlined in the aforementioned IO.

Napi Digital Ltd Services Pricing Structure is based on but not limited to four main factors which may or may not be under the direct control of the Company;

• One-Time Licensing Setup Fee: covers account setup, profile creation, and full onboarding plan with starter training calls.
• Monthly License Fee: Covers NapiApp Account Service, ongoing tech support, and a set amount of free Automation Events depending on the License type.
• Additional Automation Events Add-on: Additional Monthly License Fee based on Automation Event usage above the free allocated quantity within the Customer License.
• Royalty Fees: Charged based on monthly usage of specific NapiApp features and Third-party Services.

The full list of Service and License Fees will be made available to the Customer through their specific IO. Napi Digital Ltd reserves the right to change the price of any Service or product or the fees associated with them. Generally, the Pricing Structure of Services is formed in accordance with fluctuating market rates, as is outlined in each Customer’s IO. These rates will be displayed and will need to be accepted by the Customer at the time of purchase and subsequently logged through the Napi App for billing purposes.

Invoices are due immediately upon receipt unless otherwise stated in the IO terms to which the Customer is signatory, and all fees are net of applicable fees. The Customer is responsible for any additional fees or taxes that might be applied by their bank or payment service provider, such as but not limited to currency conversion and transfer fees.

All services provided by the Company are automatically set on recurring billing except the services that are explicitly advertised as "One-time" services. The Customer acknowledges and accepts that it is their sole responsibility to keep track of their subscriptions within the NapiApp.

In case any of the services set on recurring are not explicitly cancelled and discontinued by the Customer in compliance with the cancellation policies (available further down), the Customer will be charged the applicable fee for the service renewal based on its billing cycle and regular service price in accordance with their ongoing subscription and the terms of their IO.

In case the Customer utilizes Third-party Services or subscriptions through the NapiApp, the Customer will owe said Third-party for those services provided and acknowledges and understands that Napi Digital Ltd will not be the bearer of the bill for such services that the Customer has contracted.

The Company is not responsible for any loss, including files, emails, domains, or lost profits as a result of service suspension or termination due to no renewal of a particular service by the Customer or because of a Customer’s failure to pay an outstanding bill in accordance with the terms of their particular IO.

Technical Support

Napi Digital Ltd provides free technical support as a complimentary service to License types. The technical support Service is given on a License priority basis. This means that Napi Digital will endeavour to assist in any urgent technical or non-technical issues immediately and for other less urgent matters to the best of our knowledge and staff availability when feasible and in line with the priority rating of a given License. This Service and the priority criteria for determining urgency are within Napi Digital Ltd's sole discretion to decide and are given without any guarantee or commitments except for the services explicitly noted within the Customer’s IO.

In case any technical or non-technical issue arise which cannot be resolved by Napi Digital Ltd’s support staff, we are responsible for providing as much information as possible on the issue in order to help find some resolution. Despite the fact that we remain committed in our attempts to resolve all technical problems you as a Customer might experience, we may be unable to provide the full extent of our technical support Service or apply additional service fees in one of the following cases:

• A technical issue related to a Third-party product or software.
• A technical issue requiring an excessive and unreasonable amount of time.
• A technical issue that requires development work or in-depth debugging and code analysis.
• If the Customer has submitted an excessive number of support requests for the past billing cycle of their Service and their License Type.
• Any technical or non-technical case for which providing assistance is not financially, technically, physically feasible or logically reasonable for Napi Digital.

The Customer acknowledges that by asking our technical representatives for technical assistance from within the NapiApp, they authorize their intervention and operation in the Customer's personalized NapiApp environment, their hosting account, cPanel and/or any related domain.

The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. Napi Digital Ltd, however, has no obligation to complete the requested task by any deadline or achieve any particular outcome or result. Napi Digital Ltd reserves the right to refuse technical support services at its sole discretion.

In the event that the Customer frequently requires additional or time-intensive support, NapiApp reserves the right to come to a mutual agreement with the Customer for the provision of extra support services ad an additional fee to be agreed upon by both Parties by way of signing an amended/new IO agreement.

Events Beyond Napi Digital Ltd’s Reasonable Control

• Use of any NapiApp Services by the Customer, which is in violation of any local, national or international laws or customary law and norms;
• Force majeure events, including without limitation, acts of war, acts of God, natural disasters, pandemics, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care;
• Customer's software, equipment, or technology, and any interaction therein with any NapiApp Services; or
• Third-party equipment, software, or technology, and any interaction therein with any NapiApp Services.
• Downtime during upgrade/downgrade of your VPS or Dedicated Server resources;
• Downtime caused when you reach the maximum resource allocation for your License plan;

Maintenance Events

From time to time, Napi Digital Ltd may perform repairs, replacements, upgrades, updates, patches, fixes, or other maintenance which may delay, disrupt, suspend, or otherwise affect NapiApp Services (individually a "Maintenance Event" and collectively the "Maintenance Events"). Napi Digital Ltd will use reasonable efforts to attempt to minimize the impact of Maintenance Events but nonetheless retains sole discretion in determining the need for, and scope of, any Maintenance Event and its implementation.

The Customer acknowledges and accepts that these Maintenance Events may result in an inability to access our Website, the NapiApp and the Services provided by Napi Digital Ltd for a period of time and that the Customer agrees to hold Napi Digital Ltd harmless for any interference, costs, or delays, whether direct or indirect, arising out of such Maintenance Events.

Third-party Services

All or some NapiApp services may or may not include Third-party software or Services as a part of the hosting packages or services that improve the user experience or add additional functionalities, features or security/performance improvements. By using NapiApp and Napi Digital Ltd’s Services, the Customer acknowledges that some features or functionalities may be a part of a Third-party Service or software not developed or maintained by Napi Digital Ltd.

A list of third-party services is available for review under the ‘Third-party Services’ section of these Policies. The Customer acknowledges that this list may not include all Third-party Services and software. Furthermore, the Customer acknowledges that Napi Digital Ltd is not responsible for the availability, maintenance, or official support of these services and can not totally and unequivocally guarantee their functionality.

The Customer acknowledges that Napi Digital Ltd is not liable for any breach in the security of Third-party Services stemming from hacks, glitches or technical issues. Therefore, the Customer understands and agrees to hold Napi harmless for any damage resulting from their utilization of such Third-party Services, applications or software accessible via our Website or through the NapiApp, whether direct or indirect.

Automation Events

NapiApp's proprietary Automation functionalities enable users to cut down on time-consuming manual tasks by allowing them to automate integral system tasks within their technical infrastructure. Napi Digital employs several algorithms which reliably and securely perform a multitude of Automation Events to achieve this.

Capabilities through the NapiApp and its associated Automation Events include but are not limited to:

• Server Setups, OS Updates, Log Rotations, File and Database Backups, Domain Renewals, SSL Encryption, Malware Scans, Firewall Installations, Firewall Updates, Server Encryption, Domain Wipes, Secure Server Wipes and Reboots.

Automation Events and services available through the NapiApp are governed by the terms and conditions of the service agreement and the Policies displayed on this Website as well as those laid down in the IO of the individual Customer. Furthermore, should Third-party Services be utilized by the Customer the terms and conditions of use can be found in the appropriate 'Third-party Services' section.

The Customer recognizes and acknowledges that the use of Automation Events involves the automatic initiation of certain functions and scripts that can initiate and effect changes on the Customer's infrastructure that has been set up, installed, managed or otherwise utilized through or from within the NapiApp platform.

The Customer understands that these scripts require certain access permissions to the Customer’s server or hosting environment in order to execute correctly and the Customer hereby acknowledges and consents to such access when they initiate such an Automation Event through the NapiApp. Napi Digital Ltd shall hold no liability for the incorrect usage or implementation of these Automation Events in accordance with the ‘Limitation of Liability’ clause listed below.

Limitation of Liability

Napi Digital Ltd shall not be liable for (i) any indirect, incidental, special or consequential damages or for any loss of profits or loss of revenue resulting from the use of the products and Services by the Customer or any third parties or any failure of the products and services or (ii) any loss of data or corruption of data, including loss of data resulting from delays, non-deliveries, mis-deliveries, service interruptions, failure of the Napi Digital Ltd network, reclamation of servers by Napi Digital Ltd, failure of servers, the reloading of an operating system or other software on a server or the negligence of Napi Digital Ltd or the usage or implementation of Automation Events. The Customer is solely responsible for safeguarding, backing up and archiving all data owned, controlled or transmitted by the Customer; this includes the data contained within their hosting environment. In no event shall Napi Digital Ltd's aggregate liability for any claim under this agreement exceed the aggregate amount paid by Customer to Napi Digital Ltd in the billing cycle immediately preceding such claim. Napi Digital Ltd provides all products and services "as is" without warranty of any kind, whether express or implied and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

General Cancellation Policy

During any cancellation request, the Company will act in a fair and trustworthy way to resolve any issue that the Customer may experience. In case the Service is no longer suitable for the Customer or the Service does not meet the Customer"s expectations, the Company will attempt to act in the Customer"s best interest as long as this meets the Company"s Terms of Service and Terms of Use.

In case of termination of Service by the Customer or by Napi Digital Ltd, all outstanding fees, including the full monthly fee for the then-current month, become immediately due and payable upon notice of termination (“Outstanding Fees”). The Customer agrees to pay all Outstanding Fees no later than ten (10) days from the date of the termination of Service, as outlined in the Insertion Order they are signatory to.

The Customer understands and agrees that it is their sole responsibility to migrate any Materials and products out NapiApp’s environment in the event of termination of Service (which Napi Digital Ltd will, within its sole discretion and reasonable capability, assist with).

The Customer acknowledges that cancellation of their usage of the NapiApp alone does not in any way mean cancellation of Third-party Services facilitated through the NapiApp that they may have purchased or subscribed to during the course of their utilization of the NapiApp. Customers recognize that it is their sole responsibility to migrate or cancel such subscriptions from within the NapiApp environment and that the Customer will be liable for any outstanding debt owed to such Third-party providers.

Payments & Renewal Policy

The Customer understands and agrees that their services with Napi Digital Ltd will be billed on a recurring basis unless the Customer informs Napi Digital Ltd that they want to cancel any or all of the provided services by submitting a written communication or email request to [email protected]

It is the sole responsibility of the Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time, or the Service is cancelled prior to the Service due date.

Cancellation requests for renewal payments must be submitted at least 48 hours before the renewal date. If the Customer fails to comply with this requirement, Napi Digital Ltd has the sole right to suspend his account until renewal payment is received in accordance with the Customer’s specific IO.

Service Cancellation by the Customer

All services that are provided by The Company can be cancelled by The Customer. Only requests submitted via email or written communication are considered valid and will be reviewed by Napi Digital Ltd.

After the cancellation request is submitted by the Customer, the Customer's account will be suspended either immediately or at the end of the service billing period, depending on the Customer's choice during the cancellation process. After the cancellation becomes effective, the Company cannot be held in charge of loss of data due to suspension or termination.

Billing Disputes

If you believe there is an error in your billing or charges, you must immediately contact us via email at [email protected]. We each agree to work together in good faith to resolve any billing disputes. Napi Digital Ltd reserves the right to suspend the Service (s) until the dispute is resolved. In such an event, reactivation of the account will only occur once all outstanding payments have been received by Napi Digital Ltd or once the dispute is resolved.

Service Cancellation by the Company

Any of the services that the Company offers may be cancelled by the Company with no prior notice and with no refund in the case that the Company finds out that the Customer's use of the Service violates the Terms of Use or the Customer's account is involved in illegal activity. The Company cannot be held responsible for loss of data if such a cancellation occurs.

The Company may also cancel any of its Services, if the Company determines in good faith that the Service has become impractical or unfeasible for any technical, legal, regulatory or other reason, without the need to give prior notice to the Customer as reasonably practicable.

Customer’s Responsibility

The Customer is responsible for regularly reviewing and complying with all Terms of Use as outlined in this Service Agreement and within this Policies page, and those Terms of Service laid out within their Customer Specific IO.

The Customer acknowledges that it is their sole responsibility to check these Policy pages frequently as they may be updated and unless otherwise explicitly communicated via email to Napi Digital Ltd, or unless the Service has been cancelled by the Customer these Terms of Service, the Terms & Conditions and all Policies displayed on this Website and through the NapiApp, the Customer is at all times deemed as having been in acceptance of them, and in agreement to being legally bound by them.

General Terms & Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://napidigital.io website (the "Website") operated by Napi Digital Ltd. ("us", "we", or "our", “Napi Digital”, “the Company”).

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. By accessing or using the Website, you agree to be bound by these Terms.

If you wish to purchase any product or Service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your purchase including, without limitation, your full name and address, your billing address, and your payment and contact details.

You represent and warrant that: (i) you have the legal right to use such payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited: to product or service availability, errors in the description or price of the product or Service, errors in your order or other reasons explicitly mentioned in the ‘Service Cancellation by the Company’ section. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors & Inaccuracies

We are constantly updating our offerings of products and services on the Website. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other affiliated websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We strive to resolve any inaccuracy as fast as possible and to work with the Customer to resolve any issues that might arise, guided by the best interest of the Customer. Still, we shall not be held legally responsible for any technical or non-technical problems that may occur as a result of such inaccuracies.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in service activation delays, partial or incomplete service provisioning or termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service, our Website, NapiApp and its original content, features and functionality are and will remain the exclusive property of Napi Digital Ltd. and its licensors. The Service, our Website and NapiApp are protected by copyright and intellectual property laws both in Cyprus and internationally. Our trademarks and logos may not be used in connection with any product or Service without the prior written consent of Napi Digital Ltd.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Napi Digital Ltd.

Napi Digital Ltd has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Napi Digital Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit as well as our ‘Privacy and Cookies Policies’ page which governs our collection, use and potential sharing of user data so that you may be appropriately informed.

Indemnification

You agree to defend, indemnify and hold harmless Napi Digital Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of i) your use and access of the Service, our Website, and the NapiApp, by you or any person using your account and password, ii) a breach of these Terms, or iii) your use of any Third-party subscription or Service directly or indirectly accessible via our Website, the NapiApp or any of Napi Digital Ltd’s environments.

Limitation Of Liability

In no event shall Napi Digital Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeure events like fire, flood, other natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, a hack or penetration attempt on Napi Digital Ltd or any Third-party Service provider, any of the situations listed in the section ‘Events Beyond Napi Digital Ltd’s Reasonable Control’, etc.

Furthermore, the Customer understands and acknowledges that it is the Customer that will retain ultimate control of their own Servers, Software Databases, and Domains (according to the Terms of Use of ‘Third-party Services’) and will be the sole proprietor of the Customers data and documents as well as any applicable data and documents of their own respective Customers. The Customer will be exclusively liable for any Software hacks and data breaches and agrees that Napi Digital Ltd cannot be held responsible for any data loss or damages in this regard.

Warranty Disclaimer

Your use of the Website is done so at your own risk. The Website is provided on an ‘as is’ basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Napi Digital Ltd, its subsidiaries, affiliates, and its licensors do not warrant that i) the Website will function uninterrupted, secure or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Website is free of viruses or other harmful components; or iv) the results of using the Website will meet your requirements; v) you will achieve any expectations you might have prior to purchasing any of our Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service, aside from any Customer-specific IO you may have signed, which takes first legal precedent as a signed contract of Service between yourself and Napi Digital Ltd.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue any use of the Website or our Services.

Furthermore, any Third-party Service providers whose services are accessible or available through our Website or the NapiApp may also elect to periodically update or change their relevant policies, terms & conditions, terms of Service, or any terms related to the services they provide which may be applicable to you. We, therefore, advise that you remain informed of any such amendments or updates by regularly reviewing the aforementioned policies on such Third-party's websites.

Acceptable Usage Policy

By using our Website, NapiApp and any Service provided by Napi Digital Ltd, you agree to refrain from the prohibited content and activities provided in the list below, containing but not limited to:

• Hosting of any material in violation of any local or international regulation or customary law;
• Hosting websites dedicated to the discussion of hacking activities or the distribution of hacking, cracking, phreaking, and other similar tools;
• Usage of Napi Digital Ltd"s network to access any device, system, Service, or network without the owner"s consent;
• Infringing any type of copyright, trademark, patent, or other proprietary rights of any party;
• The usage of mining scripts and the action of mining a cryptocurrency. This includes but is not limited to individual, collective (pools), or cloud mining of any digital currency;
• Operating an exchange of any kind (FOREX, Commodities, Cryptocurrency, etc.) by using Napi Digital Ltd hosting resources without the required documentation needed in order to provide such a service to your customers;
• Collecting or using email addresses, screen names or other personal identifiers in any capacity, without the consent of the person identified;
• Impersonating another person or entity regardless of the means and goals;
• Spamming and Mail Bombing;
• Spamdexing (also known as search engine poisoning, black-hat search engine optimization);
• Hosting Proxy or traffic relaying related software;
• Hosting BitTorrent-related software, Warez, etc.;
• Declare or support the notion of hatred for a particular social, ethnical, religious or other groups;
• Host, advertise or transmit Trojan Horses, Worms, Ransomware, Spyware, Adware, Scareware, or any other malicious software or program;
• Advertising Money Making Schemes, Multi-level Marketing (MLM), Cryptocurrency Giveaways, Fake Guru Scams or other similar activities and events;
• Hosting, advertising and spreading of fake news, misleading, untruthful or inaccurate information with or without knowledge of the actual source being manufactured;
• Any type of data that is unlawful, abusive, threatening, harassing, or defamatory;
• Obscene adult content, child abuse, unlawful harassment, and misconduct of any sort;
• Advertise, encourage or support the use and/or sale of any non-prescription, prescription pharmaceutical substances, recreational (legal and illegal) drugs, including, but not limited to, items used to manufacture controlled substances and/or drug paraphernalia without permission by the local government or other authority and without the ownership of the appropriate documentation that legalizes such facilitation;
• Promote, encourage or give any kind of support to violence in any capacity and terrorism.

If your use of our Website, NapiApp or the collective Services offered by Napi Digital Ltd results in violation of this Acceptable Use Policy, we may take immediate corrective action without prior warning, including deletion of content or Service suspension. Repeated violations of the Acceptable Use Policy will result in termination of the Agreement (IO) with no refund. Napi Digital Ltd shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Napi Digital Ltd, other Napi Digital Ltd customers or any third party.

If you have any questions about these Terms and Policies, please contact us via the following email address:

[email protected]