TERMS AND CONDITIONS OF SERVICE & END USER LICENSE AGREEMENT

Last Updated: 1st of June 2023

1. Acceptance of Terms

By accessing or using the services provided by Alvargo ("we," "us," or "our"), including but not limited to our website, mobile app, and delivery services, you agree to be bound by these Terms and Conditions of Service ("Terms"). If you do not agree to these Terms, please refrain from using our services.

2. Description of Services

2.1. Alvargo provides an on-demand delivery platform connecting individuals and businesses with drivers for the delivery of goods. Our services include, but are not limited to, facilitating the booking of deliveries, tracking deliveries in real-time, and providing payment processing for delivery fees.

3. User Accounts

3.1. To use certain features of our services, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and current.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account.

4. Account Deletion

4.1. You have the right to request the deletion of your Alvargo account at any time. To initiate the account deletion process, you can do so in your account settings in the Alvargo App or if you are a registered Driver, you can also delete your account in the Alvargo Trucker App or alternatively, please contact us at support@alvargo.us

5. Payments and Fees

5.1. User Payments

5.1.1. Service Fees: When you use Alvargo's delivery services, you agree to pay the fees associated with your selected delivery option. These fees are based on factors such as the distance, size of the delivery, and any additional services requested.

5.1.2. Payment Authorization: By providing your payment information, you authorize Alvargo to charge your selected payment method for the total amount of your delivery fees, including any applicable taxes and surcharges.

5.1.3. Payment Processing: Alvargo utilizes secure payment processing systems to handle your transactions. We are committed to safeguarding your payment information and ensuring the security of your financial data.

5.1.4. Payment Disputes: If you believe there is an error in any payment charged to your account, please contact our customer support team promptly at dispute@alvargo.us . We will investigate and address payment disputes in accordance with our Dispute Resolution Policy.

5.2. Driver Earning Payments

5.2.1. Earnings Calculation: Alvargo drivers earn payments for completed deliveries. The calculation of driver earnings includes the base delivery fee, distance-based rates, additional service fees, and any applicable bonuses or incentives.

5.2.2. Payment Schedule: Driver earnings are typically processed and paid out according to our standard payment schedule, as detailed in Alvargo's Driver Payment Policy.

5.2.3. Payment Methods: Drivers may select their preferred payment method for receiving earnings, which may include bank transfers, digital wallets, or other approved methods.

5.2.4. Earnings Transparency: Alvargo is committed to providing transparent earnings breakdowns to drivers, detailing how each payment is calculated and any applicable deductions.

5.2.5. Earnings Disputes: In the event of a dispute regarding driver earnings, drivers should contact Alvargo's support team at support@alvargo.us. We will promptly investigate and resolve earnings disputes following our Dispute Resolution Policy.

6. Refund Policy

6.1. General Refund Policy

6.1.1. Refund Eligibility: Alvargo is committed to providing a fair and transparent refund process. Refunds are generally considered in the following situations:

a. Service Failure: If a delivery is not completed due to a failure on our part, such as a driver no-show or technical issues with our platform, you may be eligible for a refund of the delivery fee.

b. Cancellation: If you cancel a delivery within the allowable cancellation window, as outlined in our Cancellation Policy, you may be eligible for a refund of the applicable fees.

c. Damaged or Incorrect Deliveries: If you receive damaged goods or an incorrect delivery as a result of a driver's actions or our platform's error, you may be eligible for a refund or replacement, as detailed in our Damaged Goods Policy and Incorrect Deliveries Policy.

6.1.2. Refund Request Process: To request a refund, please follow the steps outlined in our Refund Request Procedure, available on our website and app. Typically, this involves providing information about the order, explaining the reason for the refund request, and providing any necessary supporting documentation or images.

6.1.3. Refund Processing Time: Refund requests are processed promptly, and we strive to issue refunds within a reasonable timeframe. The exact processing time may vary depending on the nature of the refund and your payment provider. You will be notified of the refund status via email.

6.2. Driver Earnings Refund Policy

6.2.1. Driver Earnings Refunds: In certain cases where a driver has received earnings for a completed delivery, Alvargo reserves the right to reverse or refund these earnings as outlined in our Driver Earnings Refund Policy. Such cases may include disputes, chargebacks, or fraudulent activities.

6.2.2. Driver Earnings Dispute Resolution: Drivers have the right to dispute any deductions or reversals of their earnings. Alvargo follows a comprehensive Driver Earnings Dispute Resolution Procedure to ensure a fair and transparent process for resolving earnings-related issues.

6.3. Refund Exceptions

6.3.1. Non-Eligible Refunds: Refunds may not be provided in the following situations:

a. User Error: If a delivery is unsuccessful due to incorrect information provided by the user, such as an incorrect delivery address, refunds may not be applicable.

b. Violation of Terms: If a refund request is associated with a violation of our Terms and Conditions, such as fraudulent activity, the request may not be honored.

6.3.2. Driver Earnings Adjustments: Alvargo reserves the right to make adjustments to driver earnings in cases where the driver has violated our policies or terms of service. Such adjustments may include withholding or reversing earnings.

7. Privacy and Data Collection

7.1. Our Privacy Policy, available on our website, explains how we collect, use, and share your personal information. By using our services, you consent to our collection and use of your personal information as outlined in the Privacy Policy.

8. Complaint Handling Policy

8.1. We are committed to addressing your complaints promptly and fairly. If you have a complaint, please contact our customer support team at support@alvargo.us, and we will work diligently to resolve your issue.

9. Delivery Policy

9.1. Delivery Services Overview

9.1.1. Service Scope: Alvargo offers a range of delivery services to meet the needs of our customers. These services may include but are not limited to the delivery of goods, packages, and bulky items. The specific services available may vary by location.

9.1.2. Delivery Scheduling: Users can schedule deliveries through our platform, specifying the desired delivery date and time. Alvargo will make reasonable efforts to accommodate these scheduling preferences, subject to driver availability.

9.2. Delivery Process

9.2.1. Order Confirmation: Upon successfully placing a delivery order, users will receive an order confirmation containing essential details, including the order ID, estimated delivery time, and a summary of the delivery request.

9.2.2. Real-Time Tracking: Alvargo provides real-time tracking features, allowing users to monitor the progress of their delivery. This feature enables users to stay informed about the estimated arrival time of their goods.

9.2.3. Driver Communication: Users may communicate with the assigned driver through our platform for any necessary clarifications or additional instructions related to the delivery.

9.3. Delivery Fees and Calculations

9.3.1. Fees Structure: The cost of a delivery is determined based on several factors, including the distance between the pickup and drop-off locations, the size and weight of the items, and any additional services requested by the user.

9.3.2. Price Estimates: Alvargo provides users with price estimates for deliveries before confirming their orders. These estimates are based on the information provided by the user and are subject to change if there are variations in the delivery conditions.

9.4. Delivery Completion

9.4.1. Proof of Delivery: Our drivers are required to confirm the completion of a delivery through our platform, including providing proof of delivery such as photographs or digital signatures when applicable.

9.4.2. User Confirmation: Upon successful delivery, users are encouraged to confirm the receipt of their goods through the Alvargo platform. This confirmation helps maintain the integrity of our delivery process.

9.5. Delivery Exceptions

9.5.1. Delivery Failures: In cases where a delivery cannot be completed successfully due to unforeseen circumstances, such as incorrect delivery address, unavailability of the recipient, or force majeure events, Alvargo will make reasonable efforts to resolve the situation in accordance with our Delivery Failure Procedure.

9.5.2. Driver Behavior: Alvargo expects drivers to adhere to our Code of Conduct and maintain professionalism during deliveries. Users are encouraged to report any concerns about driver behavior or conduct to our customer support team.

9.6. Delivery Policies and Procedures

9.6.1. Additional Policies: Alvargo has established a set of additional policies and procedures related to deliveries, including but not limited to our Cancellation Policy, Rescheduling Policy, and Delivery Failure Procedure. These policies are designed to ensure a smooth and reliable delivery experience for our users.

9.6.2. Accessing Additional Policies: Users are encouraged to familiarize themselves with these additional policies, which are available on our website and app, to better understand our delivery process and their rights and responsibilities.

10. Damaged Goods Policy

10.1. Overview

10.1.1. Goods Condition: Alvargo is committed to ensuring that goods are delivered in their intended condition, free from damage or loss during transportation.

10.1.2. User Responsibility: Users are responsible for inspecting the condition of their goods upon delivery and reporting any damage or discrepancies promptly.

10.2. Reporting Damaged Goods

10.2.1. Immediate Reporting: In the event that a user receives goods in a damaged or unsatisfactory condition, they must report the issue immediately through our platform. Delayed reporting may affect the ability to process a claim.

10.2.2. Providing Evidence: Users are encouraged to provide supporting evidence of the damage, such as clear photographs, descriptions of the damage, and any other relevant information that can aid in the investigation.

10.3. Evaluation and Resolution

10.3.1. Investigation: Upon receiving a report of damaged goods, Alvargo will conduct a thorough investigation to assess the extent and cause of the damage. This may involve communication with the user and the driver involved in the delivery.

10.3.2. Resolution Options: Depending on the findings of the investigation, Alvargo will determine the appropriate resolution, which may include:

a. Replacement: If feasible, damaged goods may be replaced with new, undamaged items of the same type and quantity.

b. Repair: In cases where goods can be repaired to their original condition, we may arrange for the repair of the damaged items.

c. Refund: Users may be eligible for a refund of the delivery fees and the cost of the damaged goods, as determined by our evaluation.

d. Compensation: In some situations, Alvargo may offer compensation or credits toward future deliveries as a resolution.

10.3.3. Timely Resolution: Alvargo is committed to resolving issues related to damaged goods as promptly as possible. The timeline for resolution may vary depending on the complexity of the case but will be communicated to the user.

10.4. User Cooperation

10.4.1. User Assistance: Users are expected to cooperate with Alvargo's investigation by providing accurate information and evidence related to the damaged goods. Failure to cooperate may affect the ability to process a claim.

10.5. Driver Responsibility

10.5.1. Driver Conduct: Alvargo drivers are expected to handle goods with care and professionalism. Drivers should take all necessary precautions to prevent damage to goods during transportation.

10.5.2. Driver Accountability: In cases where the investigation determines that damage occurred due to driver negligence or misconduct, appropriate actions will be taken, which may include disciplinary measures.

10.6. Additional Policies

10.6.1. Related Policies: The Damaged Goods Policy is closely linked to our Delivery Policy and Refund Policy. Users are encouraged to review these policies for a comprehensive understanding of our procedures related to deliveries and refunds in cases of damaged goods.

11. Intellectual Property

11.1. All content and materials on our website and app are owned or licensed by Alvargo and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from our services without our written consent.

12. Termination of Services

12.1. We reserve the right to terminate or suspend your access to our services at our discretion, with or without cause, and without notice.

13. Governing Law and Jurisdiction

13.1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

14. Changes to Terms

14.1. We reserve the right to modify or revise these Terms at any time. We will notify users of any material changes to these Terms by posting a notice on our website or app. Your continued use of our services after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide by them.

15. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at support@alvargo.us

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END USER LICENSE AGREEMENT

Last updated February 25, 2025

END USER LICENSE AGREEMENT

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("you" or the "Authorized User") AND ALVARGO INC. [("Company" or “us”). “YOU” REFERS TO ALL INDIVIDUALS USING THE PLATFORM AND SERVICES, AND IF YOU USE THE PLATFORM ON BEHALF OF A CORPORATION, LLC, PARTNERSHIP, OR OTHER BUSINESS ENTITY, THEN “YOU” SHALL INCLUDE THAT BUSINESS ENTITY AND ALL INDIVIDUALS ASSOCIATED WITH USING THE PLATFORM. BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF ALVARGO (“PLATFORM”). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS PLATFORM ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA AND ALL POLICIES POSTED ON COMPANY’S WEBSITE. IF YOU DO NOT AGREE WITH THIS EULA, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM.

TERMS AND CONDITIONS

LICENSE GRANT. The Platform is provided by Company, and this EULA provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Platform conditioned on your continued compliance with the terms and conditions of this EULA. This EULA permits you to use and access the Platform only for business purposes (i) on a mobile device, (ii) on a single laptop, workstation, or computer, and (iii) from the Internet or through an on-line network. You may also load information from the Platform into your laptop's, workstation's, or computer's temporary memory and print and download materials and information from the Platform solely for your business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Platform in any manner not expressly permitted by this EULA. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Platform. You may not transfer, sell or assign your rights and/or obligations under this EULA without the Company's prior written consent.
USER OBLIGATIONS. By accessing or using the Platform in order to view information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Platform, including, without limitation, when you provide information via a Platform registration or submission form. You agree to keep your information up-to-date during all times that you access and use the Platform. You agree to cooperate in any internal Company investigation, external investigation by any regulator, or provide confirmation of your identity or any other information you've provided to Company. You agree not to take any action that imposes an unreasonable or disproportionate burden on our infrastructure. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform and Company shall not be held liable if you use the Platform in violation of such local, state, national, and international laws and regulations. You will not use the Platform to compete with Company. This EULA is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
PROPRIETARY RIGHTS. This EULA provides only a limited license to access and use the Platform. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Platform to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Platform, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Platform may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Platform is Copyright ©Alvargo.com and/or its licensors. All rights reserved. Platform, Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about Company's products or services or the Platform. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Company or for the benefit of other authorized users, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback provided or received through the Platform will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
PRIVACY. Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, our use, and disclosure of your Information, as well as your responsibilities as a Platform Authorized User.
DISCLAIMER. THE PLATFORM MATCHES AND INTRODUCES SHIPPERS AND CARRIERS USING ITS PROPRIETARY TECHNOLOGY. NEITHER THE COMPANY NOR THE PLATFORM ARRANGE FOR TRANSPORTATION. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT ACTING IN THE CAPACITY AS A MOTOR CARRIER, FREIGHT BROKER, FREIGHT FORWARDER, SHIPPER, VEHICLE OPERATOR OR DRIVER, OR INTERMEDIARY IN THE SUPPLY CHAIN OR LOGISTICS INDUSTRY. WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE PLATFORM. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PLATFORM FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
MODIFICATIONS. You agree that at any time, and in our sole discretion, Company may modify this EULA and any Company Policies by posting revisions on Alvargo.com. The revisions will be effective at the time of posting. Your continued use of the Platform after any such revision constitutes your acceptance of the revised EULA and/or Policies. If the revision includes any substantial change, Company will post an “Update Notice” at least 14 days prior to the revised changes taking effect. For purposes of this EULA, “substantial change” is defined as any change to the terms of this EULA or Company Policies that may reduce your rights or increase your responsibility.
LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM, OR FOR ANY LOSS OF DATA, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this EULA.
GOVERNING LAW. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Florida, U.S.A. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Florida for any disputes between us under or arising out of this EULA. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this EULA and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. Company makes no representation that the Platform is appropriate or available for use in other locations outside the State of Florida and access to the Platform from states, territories, or nations where any aspect of the Platform is illegal is prohibited. You access the Platform on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Platform. A printed version of this EULA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this EULA.
TERM AND TERMINATION. This EULA and your right to use the Platform will take effect at the moment you click "ACCEPT" or you install, access, or use the Platform and is effective until terminated as set forth below. This EULA will terminate automatically if you click "CANCEL". In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this EULA, to deny your access to the Platform or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this EULA will also terminate automatically if you fail to comply with this EULA, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this EULA at any time by ceasing to use the Platform, but all applicable provisions of this EULA will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Platform in your possession. In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this EULA for any reason.
MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this EULA will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this EULA. The parties agree that this EULA is for the benefit of the parties hereto as well as Company's licensors. Failure by Company to insist on strict performance of any of the terms and conditions of this EULA will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this EULA is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this EULA or your utilization of the Platform. Headings herein are for convenience only. This EULA represents the entire agreement between you and Company with respect to use of the Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Platform.