THESE TERMS (THE “AGREEMENT”) GOVERN YOUR USE OF THE SERVICES OFFERED BY VELOCITY LABS GROUP LLC, D.B.A GIZMI.IO (“GIZMI”, “WE”, OR “US”), UNDER WHICH GIZMI MAY PROVIDE YOU (“YOU”) WITH A TECHNOLOGICAL SOLUTION (THE “PLATFORM”) ON WHICH YOU CAN ENGAGE YOUR CLIENTS (YOUR “USERS”), MANAGE YOUR APPOINTMENTS WITH USERS AND UTILIZE OTHER SERVICES WE MAY PROVIDE YOU UNDER THE PLATFORM OR THE GIZMI.IO WEBSITE LOCATED AT WWW.GIZMI.IO (THE “WEBSITE”) FROM TIME TO TIME. THIS AGREEMENT IS EFFECTIVE FROM THE MOMENT YOU START USING THE PLATFORM, AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
The section headings in this Agreement are included for convenience only and shall take no part in the interpretation, or construing of this Agreement. “Including”, whether capitalized or not, means ‘without limitation’.
You agree to indemnify, defend and hold harmless Gizmi and its officers, managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on their behalf, at your expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim or demand by any third party, including Users, arising from or in connection with the use of the Platform or the rendering of the Professional Services, any of your actions or omissions with respect to the performance of this Agreement, any communications that you convey through the Platform, or your breach of this Agreement (including, without limitation, any of your undertakings or representations thereunder) or any other terms, rules or regulations applicable to the Platform or the Professional Services, or your violation or infringement of other persons rights.
IN NO EVENT SHALL GIZMI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS WEBSITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM OR THE MATERIALS AVAILABLE ON THIS WEBSITE, REGARDLESS OF WHETHER GIZMI OR AN AUTHORIZED GIZMI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF GIZMI FOR ANY LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER ARISING, INCLUDING BY WAY OF CONTRACT AND/OR UNDER AN INDEMNITY, IN TORT (INCLUDING NEGLIGENCE OR ANY OTHER THEORY OF LAW), SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO GIZMI UNDER THIS AGREEMENT.
Last Updated: December 2019