This Public Offer (the “Offer”) constitutes an official proposal by IEXEXCHANGER FZCO (UAE) and/or iEXExchanger LLC (USA) (the “Provider”) to enter into an agreement for the provision of the iEXExchanger software, as well as related services, under the terms and conditions set forth herein.
Payment for a license, support plan, update service, customization, installation, or any other service provided by the Provider shall constitute full and unconditional acceptance of this Offer by the Customer.
1. DefinitionsProvider means IEXEXCHANGER FZCO and/or iEXExchanger LLC, depending on the product, license, service, or solution being provided.
Customer means any individual, sole proprietor, self-employed person, organization, or legal entity purchasing software, licenses, or services from the Provider.
Software means the iEXExchanger software product, including all modules, updates, documentation, integrations, components, and related services.
License means the limited right granted by the Provider to use the Software under the selected licensing plan and applicable license agreement.
Software Adaptation means configuration, customization, integration, or modification of the Software according to the Customer’s specific requirements.
Technical Support means technical and consulting services provided by the Provider in accordance with the current Technical Support Policy.
Additional Services means any services not included in the Software license or standard support package.
2. Subject of the OfferThe Provider may provide the following services:
- licensing of the iEXExchanger Software;
- Software installation;
- Software configuration and adaptation;
- custom development services;
- technical support services;
- software updates and upgrades;
- consulting services;
- migration and deployment services;
- other related services.
The specific scope of services is determined by the selected license, purchased service, agreed quotation, or separate agreement between the parties.
3. License and Rights of UseThe Provider grants the Customer a limited, non-exclusive, non-transferable right to use the Software within the scope of the purchased license.
Unless expressly permitted by the applicable license agreement, the Customer may not:
- transfer the license to third parties;
- sublicense the Software;
- distribute copies of the Software;
- rent or lease the Software;
- sell access to the Software;
- provide unauthorized access to third parties.
All intellectual property rights in the Software, source code, documentation, databases, interfaces, designs, trademarks, logos, updates, and related materials remain the exclusive property of the Provider.
4. Service DeliveryServices are provided based on:
- an order placed by the Customer;
- an approved quotation;
- technical specifications;
- written communication between the parties;
- any other agreed method of defining requirements.
Unless otherwise agreed in writing, services shall be deemed accepted if the Customer does not provide documented objections within five (5) business days following delivery.
The Provider reserves the right to determine the methods, technologies, tools, and procedures used to perform the services.
5. Pricing and Payment TermsThe prices of licenses, support plans, updates, and services are published on the Provider’s official website or agreed individually with the Customer.
Unless otherwise agreed, all services require 100% prepayment.
The Provider reserves the right to modify pricing at any time.
Price changes do not affect services that have already been paid for.
All payment processing fees, bank fees, intermediary fees, taxes, duties, and charges imposed by third parties are the responsibility of the Customer.
6. Technical SupportTechnical Support is provided in accordance with the current Technical Support Policy published by the Provider.
Support conditions, response times, limitations, exclusions, and service levels are governed by the applicable Technical Support Policy.
Technical Support does not include:
- custom software development;
- implementation of new features;
- server administration;
- hosting administration;
- third-party integrations;
- correction of third-party modifications;
- consulting third-party developers;
- any services not expressly included in the Technical Support Policy.
The Provider may release updates, patches, bug fixes, enhancements, and new versions of the Software.
Unless otherwise agreed, installation of updates is the Customer’s responsibility.
Update installation services may be offered as a separate paid service.
The Provider shall not be liable for issues resulting from:
- improper update installation;
- skipped versions;
- modifications to source code;
- modifications to files;
- modifications to databases;
- failure to follow update instructions;
- unsupported server environments.
The Customer agrees to:
- pay for services on time;
- provide required information and access credentials;
- use the Software in accordance with documentation;
- comply with all license restrictions;
- maintain appropriate backups;
- follow security recommendations;
- protect account credentials;
- refrain from transferring Software in violation of licensing terms.
The Software and services are provided on an “AS IS” and “AS AVAILABLE” basis.
The Provider does not guarantee that:
- the Software will meet all Customer expectations;
- the Software will operate without interruption;
- the Software will be error-free;
- all defects can be corrected.
To the fullest extent permitted by law, the Provider shall not be liable for:
- loss of profits;
- loss of revenue;
- loss of business opportunities;
- loss of data;
- indirect damages;
- consequential damages;
- actions of third parties;
- actions of Customer employees;
- hosting failures;
- server failures;
- external service failures;
- infrastructure failures;
- force majeure events.
The Customer is solely responsible for maintaining current backups of files, databases, project configurations, and operational data.
The maximum liability of the Provider shall not exceed the amount actually paid by the Customer for the specific service giving rise to the claim.
10. Intellectual PropertyAll intellectual property rights related to the Software, documentation, source code, databases, interfaces, designs, updates, logos, trademarks, and related materials belong exclusively to the Provider.
Purchasing a license does not transfer ownership of the Software or any intellectual property rights.
The Customer may not copy, reproduce, distribute, modify, publish, reverse engineer, decompile, or create derivative works based on the Software unless expressly permitted by law or by written authorization from the Provider.
11. ConfidentialityEach party shall maintain the confidentiality of non-public information received from the other party.
Confidential information may only be used for purposes directly related to performance under this Offer.
The confidentiality obligations shall survive termination of the relationship between the parties.
12. Force MajeureNeither party shall be liable for failure or delay in performance resulting from circumstances beyond its reasonable control, including:
- natural disasters;
- war;
- terrorism;
- governmental actions;
- sanctions;
- communication failures;
- Internet outages;
- power failures;
- data center failures;
- other force majeure events.
The Provider may modify this Offer at any time.
The current version shall be published on the Provider’s official website.
Unless otherwise specified, amendments become effective immediately upon publication.
14. Governing DocumentsIn the event of a conflict between documents, the following order of precedence shall apply:
- Separate written agreement (if any);
- License Agreement;
- Technical Support Policy;
- Privacy Policy;
- This Public Offer.
Payment for licenses, services, updates, support plans, or any other services provided by the Provider constitutes full acceptance of this Offer.
Any matters not expressly regulated by this Offer shall be governed by the License Agreement, Technical Support Policy, Privacy Policy, and other official documents published by the Provider.
If any provision of this Offer is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Contact InformationOfficial Website: https://iexexchanger.com
Telegram Channel: https://t.me/iexexchanger_news
Email: support@iexexchanger.com