We recognize that protecting personal information is very important to you and that you have an interest in how we collect, use, store and share such information. We always respect our customers’ privacy and personal information and we take this matter very seriously. We have worked very hard to earn our customers’ trust and keeping it is our top priority. That’s why we comply with the obligations that are laid out under data protection laws.
This privacy notice sets out how we, as a data controller, will use and protect your information. We will use your personal information only for the purposes and in the manner set out in this privacy notice. We recommend that you read this privacy notice carefully.
www.foloosi.com and its subsidiary sites including www.foloosistore.com and any associated Foloosi mobile applications, present or future, (each the “Applications”), are operated by, and the services available on the Applications from time to time) (“Services”) are provided by, Foloosi Technologies (“Foloosi”, “we” or “us”). We are registered in United Arab Emirates with registered number CL2972 and we have our registered office at Gate Avenue, Dubai International Financial Centre, DIFC, 507211, Dubai, United Arab Emirates. Our VAT number is 100614535100003. Foloosi is a registered business name of Foloosi Technologies Limited.
All correspondence in relation to any Foloosi company should be sent to Foloosi Technologies, Gate Avenue, Dubai International Financial Centre, DIFC, 507211, Dubai, United Arab Emirates.
During the Term and in accordance with this Agreement, Customer may access and use the products offered by Foloosi store (each a “Product”), which Customer subscribed to, whether by subscription, free trial or promotion, as referenced in the order form, invoice, executed quote, or, for certain self-serve products, via confirmation email from Foloosi store (the “Order Form”). Each Product may include updates, cloud-based and support services, applications or documentation. Each of these are subject to the terms of this Agreement as applicable. Customer is responsible for all actions taken under its Foloosi store account credentials, regardless of whether such actions are taken by Customer, its employees or a third party. Customer will safeguard all account credentials (including any passwords and payment method details) in its possession or under its control. Foloosi store is not liable for any loss or damage arising from any unauthorized use of Customer’s account.
During the Term, Foloosi store grants Customer a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use, and to permit its employees and all other users who access and use the Products on Customer’s behalf (collectively, the “Users”) to access and use, the Products to which Customer has subscribed, on the terms set forth in this Agreement. Customer agrees that all rights, title and interest in and to all the intellectual property rights in the Products, and all modifications, extensions, scripts and other derivative works of the Products provided or developed by Foloosi store, including the Beta Technology, are owned exclusively by Foloosi store or its licensors. All rights not granted to Customer in this Agreement are reserved by Foloosi store.
Customer shall pay Foloosi store the fees (“Fees”) specified in the Order Form or otherwise arising under this Agreement, in accordance with the timing and currency specified in the Order Form or this Agreement. If no Order Form has been provided, the Fees will be as set out on the websites for the relevant Products. Unless required by applicable law, all payments by Customer to Foloosi store under this Agreement are non-refundable and made via the payment method specified by Customer in the Order Form, or as otherwise agreed in writing by the parties. Customer shall undertake any additional actions reasonably requested by Foloosi store to implement any automated Fee payment process. Any amounts past due shall accrue interest at a rate which is the lesser of: one and a half percent (1.5%) per month or the maximum rate allowable by law. Any assessment of late fees shall be without prejudice to Foloosi store’s right to suspend Customer’s access to the Products. Any applicable goods and services or sales taxes will be added to Fees owing pursuant to this Agreement.
Customer acknowledges and agrees that by executing an Order Form, Customer is obligated to pay all the Fees identified in (i) the Order Form or website (as applicable), and (ii) this Agreement, for the duration of the Current Term, and that any software subscription discounts or hardware discounts offered to Customer and/or identified on the Order Form are contingent upon the foregoing. Similarly, Customer acknowledges and agrees that, by renewing their subscription, whether implicitly or explicitly, Customer is obligated to pay all the Fees due under the renewed contract at the then-current prices for the duration of the Renewal Term. Customer further acknowledges and agrees that any discounts offered under the initial Order Form shall not carry over or pertain to the Renewal Term, unless otherwise agreed to in writing.
Foloosi store and Customer (each a “Receiving Party”) shall each retain in confidence all information received from the other party (the “Disclosing Party”) pursuant to or in connection with this Agreement, the Products or the Beta Technology, that the Disclosing Party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except as necessary to fulfil their respective obligations under this Agreement. Each party shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its legal and financial consultants as required in the ordinary course of that party’s business. Notwithstanding the foregoing, the restrictions set forth above will not apply to (i) information previously known to the Receiving Party without reference to the Disclosing Party’s Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the Receiving Party, (iii) information that is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information, or (iv) information required to be disclosed pursuant to applicable law by enforceable orders of the court or other governmental authority. Customer shall ensure that its Users fully comply with the terms of this Section and shall be responsible for any damages suffered by Foloosi store as a result of a User’s failure to do so.