1. Subject Matter
1.1. Parties and Subject Matter. This document, referred to as the General Terms and Conditions (“GTC“), sets out the terms governing the relationship between Creolytix and the Customer in the provision of the Services listed in the Order.
1.2. No Deviating Regulations. Any provisions that differ from or extend beyond these GTC do not apply. This specifically includes any general terms and conditions of the Customer. This applies even if Creolytix accepts an order from the Customer that refers to its own terms and conditions, or if such terms are attached to the order, and Creolytix does not expressly reject them.
2. Creolytix’ Services
2.1. Services. Creolytix provides to Customer the Services described in the Order, in particular the Creolytix Security Platform and Professional Services (jointly “Services”).
2.2. Creolytix Security Platform. Creolytix grants Customer access to the Creolytix Security Platform. The Creolytix Security Platform is a managed web-based cloud service which provides aggregated content and complementing services to support the Customer in situational awareness, decision making and responses to potential risks; it includes
a) Security relevant content, in particular in the form of data feeds about security and safety related events, e.g. attacks, nature catastrophes, or brand reputation risks (“Event”) and security analysis, e.g. generic country reports (“Analysis”), such Events and Analysis (“Content”),
b) Functionalities for filtering Events based on the Customer’s specific interests, like geo-locations, travel routes, or brand names (“Interests“), and receiving notifications about Events, e.g. via email or SMS (“Alerts“),
c) A platform for discussing Events and engaging with other users of the Creolytix Security Platform and Creolytix’ security experts on security topics (“Community“), and
d) A service for brokering third-party security products and services, such as specialized data feeds, analysis, and other security services, including personal security services (“Third Party Offerings“), offline on a case by case basis, or by means of an online marketplace (“Marketplace”).
2.3. Content. Creolytix’ service is to collect security information from public sources, including social media and from or via selected data providers (“Source Information”). Creolytix makes this Source Information available on the Creolytix Security Platform through uniform and consolidated Feeds and in the form of Creolytix’ Analysis. Creolytix is not obligated to verify the Source Information and is not responsible for the accuracy or completeness of the Source Information.
2.4. Professional Services. Creolytix may offer additional professional services, such as the initial setup of Interests and Alerts or customized security analysis (“Professional Services“). Professional Services will be provided in a competent manner and performed with reasonable skill, care, and diligence. No rights can be derived from any order or similar type of document stating an expected outcome of the Professional Service performed by Creolytix.
2.5. No-Charge Offerings; Previews. All services or offerings provided as Free Trial or otherwise at no charge to Customer (“No-Charge Offerings”), and (ii) features or services offered at no extra charge as part of Services prior to their general release that are labeled or otherwise communicated to Customer as “preview”, “pre-release”, “demo”, or “beta” (“Previews”), are provided “AS IS” without warranty, indemnity, support, or other commitments. Creolytix may change, limit, suspend, or terminate any Previews at any time. Customer acknowledges that Previews are not ready for production usage, and that Customer’s use of any Previews is at its sole risk and discretion. Customer will only use No-Charge Services identified on an Order as being “demo”, “test”, “evaluation”, “beta”, or similar for internal test and evaluation purposes, and not for security purposes.
2.6. Third Party Offerings. For brokered Third Party Offerings, the Customer’s contractual partner is the respective third party (“Third Party Provider“). The Third Party Offerings are exclusively subject to the terms and conditions of the Third Party Provider. Creolytix will indicate Third Party Offerings by labelling or communicating it as “third party”, “brokered” or “marketplace” content, products, or services or in a similar manner. Creolytix is not required to review Third Party Offerings and is not responsible or liable for them.
3. Availability, Suspension, Setup, Support and Documentation
3.1. Availability. Creolytix will make the Creolytix Security Platform available as set out in the Service Level Agreement (available at www.creolytix.io/legal/sla) (“SLA”).
3.2. Suspension. Creolytix may suspend or limit Customer’s or any Authorized User’s access to and use of the Creolytix Security Platform, in whole or in part, immediately (i) if Creolytix reasonably determines that the use of the Creolytix Security Platform poses a security risk to the Creolytix Security Platform, Creolytix, or any third party, or subjects Creolytix or any third party to liability, (ii) if Customer materially breaches this Agreement, or (iii) upon the occurrence of any of the circumstances that give Creolytix the right to immediate termination. Suspension or limitation will not limit any other rights available to Creolytix under this Agreement, will not relieve Customer of its obligation to pay fees, and will be lifted when the reason for such suspension or limitation no longer exists.
3.3. Setup. The Customer is responsible for the initial setup of the Creolytix Security Platform (e.g. user and roles setup, setting of Interests and Alerts), unless respective Professional Services are ordered.
3.4. Technical Support. Customer may contact Creolytix’ technical support as primary point of contact for support in relation to the technical issues of the Services. Creolytix provides the support services in accordance with the SLA (available at www.creolytix.io/legal/sla)
3.5. Documentation. Creolytix will provide user and admin documentation in Creolytix’ reasonable discretion in the form of online help texts and/or PDFs. Documentation is in English.
4. Usage Rights, Restrictions and Intellectual Property
4.1. Creolytix Security Platform. Creolytix hereby grants the Customer the non-exclusive, non-transferable and non-sublicensable right to access and use the Creolytix Security Platform by Authorized Users for Customer’s own internal business purposes, i.e., to safeguard the security of Customer’s employees, officers, facilities, brands, reputation, products and services (“Customer’s Security Purposes”). This right is limited in time to the Subscription Term.
4.2. User Limits. The usage right is granted to “Authorized Users” in the form of individual use licenses. An “Authorized User” is an employee of Customer authorized to use the Creolytix Security Platform in accordance with this Agreement, and who has been supplied a username and password (“Authentication Credentials”). Customer shall be fully responsible for each Authorized User’s use of the Creolytix Security Platform. Authentication Credentials are personal to each Authorized User and may not be shared with or used by more than one person. Customer may transfer an individual use license from one Authorized User to another from time to time, provided that the number of Authorized Users shall not exceed the maximum number of Authorized Users set forth in the Order. Authorized Users must be located in the User Territory. If use by Affiliates is included according to the Order, Authorized Users may also be employees of Customer’s Affiliates. “Affiliate” means any entity that controls, is controlled by, or is under common control with either Party; in this context, “control” means ownership, directly or indirectly, of a majority of the outstanding equity of an entity.
4.3. Interests and Alerts Limit. The total number of Interests and Alerts concurrently set by all Authorized Users in total may not exceed the maximum number of Interests and maximum number of Alerts specified in the Order and Creolytix Service Description. “Interests” shall mean assets, locations, points of interest, areas or travel routes selected by Customer. “Alert” shall mean a setting by an Authorized User that lets the Creolytix Security Platform generate notifications to Authorized Users via selected channels, e.g. email or SMS, along Customer‘s Interests.
4.4. Content and Professional Services. Creolytix hereby grants the Customer the non-exclusive, non-transferable and non-sublicensable right to use the Content and any work results of Professional Services (e.g. bespoke security analysis) for Customer’s Security Purposes. The rights granted in Content is limited in time to the Subscription Term. The rights granted in work results of Professional Services are perpetual. If use by Affiliates is included according to the Order, rights in Content are also granted to Customer’s Affiliates.
4.5. General Use Restrictions. Except as expressly authorized in this Agreement, Customer will not, and will not permit any person or entity to, resell, transfer, sublicense, publish, loan, or lease any Service, or use any Service for the benefit of any third party without the prior written consent of Creolytix, (ii) modify, alter, tamper with, repair, or create derivative works of any Services, (iii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of any Services, (iv) use any Services in a manner that could subject such Service to any open source software license that conflicts with this Agreement or that does not otherwise apply to such Service, (v) use any Service for the purpose of developing or enhancing any product or service that is competitive with such Service, or (vi) remove any proprietary notices or legends contained in or affixed to any Service. Customer may copy software or documentation only as required to support use of the Services as expressly authorized in this Agreement. The restrictions set out in this section do not apply to the extent they conflict with mandatory applicable law. The Customer will not use the Services in connection with or for the operation of critical infrastructure such as power plants, military or defense facilities, medical devices or other equipment whose failure or impairment would result in unforeseeable economic or physical damage, including but not limited to critical infrastructure as defined by European Directive 2008/114/EC.
4.6. Third Party Technology. Software contained in the Services (e.g. code executed locally on user devices) may contain third-party software, technology, and other materials, including open-source software, licensed by third parties (“Third-Party Technology”) under separate terms (“Third-Party Terms”). Third-Party Terms are made available to Customer upon request. In the event of a conflict with the terms of this Agreement, the Third-Party Terms control with respect to Third-Party Technology. If Third-Party Terms require Creolytix to furnish Third-Party Technology in source code form, Creolytix will provide it upon written request.
4.7. Reservation of Right. All Services, including software, analysis and non-public documentation are trade secrets of Creolytix and its licensors. Creolytix or its licensors retain title to and ownership of Services and any Creolytix IP. “Creolytix IP” means all patents, copyrights, trade secrets, and other intellectual property rights in, related to, or used in the provision or delivery of, any Service or technical solution underlying any Service, and any improvement, modification, or derivative work of any of the foregoing. Creolytix reserves all rights in Services and Creolytix IP not expressly granted in this Agreement.
4.8. Customer Content. Customer grants Creolytix the right to use content submitted by Customer or Customer’s Authorized Users when using the Services, e.g. comments in the Community or uploads to the Creolytix Security Platform (“Customer Content”) for the provision of the Creolytix’ services. This right shall be worldwide, non-exclusive, unlimited in time, sublicensable, transferable and free of charge and include the right to store, copy, analyze (also by means of artificial intelligence) and translate or otherwise reasonably edit Customer Content. If Customer Content is not marked as Customer internal (e.g. forum posts or public comments) Creolytix may use the Customer Content for the provisioning of the services to other customers of Creolytix and disclose it to other customers accordingly.
4.9. Feedback. If Customer provides any ideas or feedback regarding any Service, including suggestions for changes or enhancements, support requests (including any related information), and error corrections, such Feedback may be used by Creolytix without condition or restriction.
4.10. Third Party Offerings. For Third Party Offerings usage rights are solely granted by the Third Party Provider to the Customer in accordance with terms and conditions of the Third Party Provider.
5. Fees
5.1. Payment. Customer will pay the fees set forth in the Order within 30 days after receipt of the invoice. Creolytix will invoice Customer for Subscription Services annually in advance and for Professional Services on a monthly basis as charges are incurred. Invoices may be issued in electronic form.
5.2. Default of payment. If the Customer defaults on payment of the fees Creolytix may, after a respective warning and a 14 days grace period, block access to or stop delivery of the Services and/or terminate the Agreement for cause.
5.3. Taxes. All amounts to be paid to Creolytix are exclusive of taxes and any other charges. Customer agrees to pay or reimburse Creolytix for any applicable taxes, duties, or other charges imposed by any government authority on Customer’s use or receipt of the Services. If Customer is required by law to make any income tax deduction or to withhold income tax, the amount payable to Creolytix shall be increased so that Creolytix receives a net amount equal to the amount invoiced. Customer will promptly provide all tax receipts in connection with the respective Order.
6. Data Protection
6.1. Data Processing Agreement. To the extent Creolytix acts as a data processor in providing the Services and Customer as data controller, each within the meaning of the EU General Data Protection Regulation (“GDPR”), the provisions of the “Data Processing Agreement” (available at www.creolytix.io/legal/dpa) shall apply.
6.2. Systems Information. Creolytix may collect and derive information, statistics, and metrics regarding usage, operation, support, and maintenance of Services or from Customer Content (“Systems Information”), and may use Systems Information to support, maintain, monitor, operate, develop, and improve its products and services or enforce its rights.
6.3. Independent Controllers. Where Creolytix and Customer act as independent data controllers (e.g. billing purposes, delivery of country reports, use of System Information) each party shall independently comply with applicable laws on the protection of personal data.
7. Customer Obligations
7.1. Lawful Use. Customer will comply with this Agreement and any applicable laws and will not violate any third party rights when using the Service. In particular Customer will comply with applicable copyright laws, competition laws, data protection laws and not violate contractual confidentiality obligations.
7.2. Export Control. Customer shall comply with all applicable sanctions, embargoes and (re-)export control, laws, and regulations, and, in any event, with those of the European Union, the United States of America and any locally applicable jurisdiction.
7.3. Acceptable Use Policy. Customer will comply, and ensure that all Authorized Users comply, with the Acceptable Use Policy (available at www.creolytix.io/legal/aup). In particular, Customer must ensure that content posted in the Community, namely content accessible to other customers, does not include material where usage rights are restricted to Customer’s internal use, such as it may be the case for Third Party Offerings.
8. Confidentiality
8.1. Confidential Information. “Confidential Information” means all information disclosed by one party or any of its users, affiliates or subcontractors to the other party under this Agreement that is marked as confidential or the confidential nature of which is evident to a reasonable person. Creolytix’ Confidential Information includes the terms of this Agreement and any Order, Content, Community content, work results of Professional Services and Creolytix IP.
8.2. Confidentiality Obligations. The receiving party will
a) use Confidential Information only as required for the purposes of this Agreement including to exercise or e nforce rights or perform obligations under this Agreement, and
b) not disclose Confidential Information, except (a) on a need-to-know basis to its and its affiliates’ employees, consultants, contractors, and financial, tax, and legal advisors that are bound by confidentiality obligations and use restrictions at least as restrictive as those in this Agreement, or (b) as otherwise authorized by the disclosing party or this Agreement,
c) use reasonable care to protect against unauthorized use and disclosure of the disclosing party’s Confidential Information.
The confidentiality obligations shall survive the termination of this Agreement, and shall last for five years after the Agreement Term ends. Statutory confidentiality obligations shall remain unaffected.
8.3. Exclusions. The obligations in Section 8.2 will not apply to any Confidential Information that
a) is or becomes generally available to the public other than as a result of disclosure by the receiving party in violation of this Agreement,
b) becomes available to the receiving party from a source other than the disclosing party, provided that the receiving party has no reason to believe that such source is itself bound by a legal, contractual, or fiduciary obligation of confidentiality,
c) was in the receiving party’s possession without an obligation of confidentiality prior to receipt from the disclosing party,
d) is independently developed by the receiving party without the use of, or reference to, the disclosing party’s Confidential Information, or
e) is required to be disclosed by a government authority or law, so long as the receiving party promptly provides the disclosing party with written notice of the required disclosure, to the extent such notice is permitted by law, and cooperates with the disclosing party to limit the scope of such disclosure.
8.4. Reference. Customer hereby grants Creolytix the right to use Customer’s name, trademarks, and logos for the purpose of identifying the Customer as a reference customer in the Creolytix’ marketing, promotional materials, and other business-related communications. Creolytix agrees to use Customer’s trademarks and logos in a manner that is consistent with Customer’s brand guidelines, if provided to Creolytix by Customer. This permission shall survive the Term of this Agreement. Customer is entitled to withdraw this permission at any time but withdrawal shall not be exercised in an unreasonable manner.
9. Warranties and Disclaimers
9.1. Creolytix Security Platform Warranty. Creolytix warrants that the Creolytix Security Platform will perform substantially in accordance with the features and functionalities described in the Order and Creolytix Service Description. To the extent permissible under applicable law, as Creolytix’ entire liability and Customer’s sole and exclusive remedy for a breach of this warranty, at Creolytix’ option (i) Creolytix will use commercially reasonable efforts to restore the non-conforming Services so that they comply with this warranty, or (ii) if such restoration would not be commercially reasonable, Creolytix may terminate the Order for the non-conforming Services and refund any prepaid fees for such Services on a pro- rata basis for the remainder of the Subscription Term for that Services. The warranty for Creolytix Security Platform excludes (a) No-Charge Offerings and Previews, and (b) issues, problems, or defects arising from Customer Content, Third Party Offerings, or use of Services not in accordance with the terms of this Agreement.
9.2. Remedies for not meeting the Availability. Remedies for not meeting the availability of the Creolytix Security Platform is set out in the Service Level Agreement (available at www.creolytix.io/legal/sla)
9.3. Disclaimers. Creolytix makes only the limited warranties expressly stated in this Agreement, and disclaims all other warranties including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Creolytix does not warrant or otherwise guarantee that Content (e.g. Feeds) is uninterrupted available, accurate, complete or error free. Representations about services or features or functionality in any communication with Customer (e.g. website, e-mail) constitute technical information, not a warranty or guarantee. Creolytix gives guarantees only in writing and only if expressly named as “guarantee”.
10. Limitation of Liability
10.1. Cap. The entire, aggregate liability of Creolytix related in any way to this Agreement is limited as follows: (i) for liability arising from a Service provided for a Subscription Term, the fees paid to Creolytix for that Service during the 12-month period immediately preceding the first event giving rise to the claim, provided that the aggregate liability for any Service will not exceed the amount paid for that Service during the Subscription Term, or (ii) in all other cases, the fees paid to Creolytix for that Service. The foregoing limitation does not apply to Creolytix’ indemnity obligation in Section 11.
10.2. Exclusion. In no event will Creolytix be liable for (i) any indirect, incidental, consequential, special, exemplary, or punitive damages, loss of production or data, interruption of operations, or lost revenue or profits, even if such damages were foreseeable, or (ii) any No-Charge Offerings or Previews, respectively except in case of intent.
10.3. Statue of Limitation. Creolytix will not be liable for any claim in connection with this Agreement if such claim is brought more than two years after the first event giving rise to such claim is or should have been discovered by Customer.
10.4. Scope. The foregoing limitations and exclusions apply (i) to the benefit of Creolytix and its affiliates, and their respective officers, directors, licensors, subcontractors, and representatives, and (ii) regardless of the form of action, whether based in contract, statute, tort (including negligence), or otherwise.
10.5. Applicable Law. The foregoing limitations and exclusions will not apply to the extent that liability cannot be limited or excluded according to applicable law.
11. Intellectual Property Indemnification
11.1. Infringement Claim Indemnity. Creolytix will indemnify and defend, at its expense, any action brought against Customer to the extent that it is based on a claim that the Service infringes any copyright, any trade secret, or a patent or trademark issued or registered by the United States, Japan, or a member of the European Patent Organization, and will pay all damages finally awarded against Customer by a court of competent jurisdiction or agreed in a settlement, provided that Customer gives Creolytix (i) prompt written notice of the claim, (ii) all requested information and reasonable assistance related to the claim and (iii) sole authority to defend or settle the claim. Creolytix will not admit liability or incur obligations on Customer’s behalf without Customer’s prior written consent, which will not be unreasonably withheld.
11.2. Injunction. If a permanent injunction is obtained against Customer’s use of a Service due to an infringement claim, Creolytix may, at its sole option, obtain for Customer the right to continue using the Service, or replace or modify the Service to become non-infringing. If such remedies are not reasonably available: (i) Creolytix will refund prepaid fees for the enjoined Service on a pro-rata basis for the remainder of the Subscription Term for that Service; (ii) any applicable licenses to such Service will automatically terminate; and (iii) Customer will immediately cease to use the enjoined Service and return all related software in its possession. Creolytix may, in its sole discretion, provide any of the foregoing remedies to mitigate infringement prior to the issuance of an injunction.
11.3. Exclusions. Notwithstanding anything to the contrary in this Agreement, Creolytix will not have any liability or obligation to Customer to the extent that an infringement claim arises out of (i) use of No-charge Services or Previews, (ii) work results resulting from Professional Services, (iii) any adjustment, modification, or configuration of the Service not made by Creolytix, or (iv) instructions, assistance, or specifications provided by Customer.
11.4. Sole and Exclusive Remedy. Section 11 sets forth Creolytix’ entire liability and Customer’s sole and exclusive remedy for infringement of third-party intellectual property rights.
12. Term and Termination
12.1. Subscription Term. Unless otherwise agreed in the Order, Subscription Services begin on the Commencement Date and have an Initial Term of 12 months. The Subscription Services shall automatically renew for 12 months Renewal Terms unless terminated by Customer or Creolytix to the end of the Initial Term or any Renewal Term with a Termination Notice Period of 3 months (“Subscription Term”). Subscription terms for different items of the Order form (e.g. different Add-Ons) may be terminated independently.
12.2. Agreement Term. The term of this Agreement (“Agreement Term”) shall begin on the Effective Date and terminate upon termination of the last Subscription Term or the complete delivery of Professional Services, whichever event occurs later.
12.3. Termination. Termination must be made in writing, including text form (e.g. e-mail) and may be directed to the Primary Contact indicated in the Order Form. The right to terminate for cause shall remain unaffected.
12.4. Free Trial Period. If the Order provides a Free Trail Period, the Initial Term shall begin with the Free Trial Period and the Initial Term shall be extended by the term of the Free Trial Period. Each party may freely terminate the Subscription Services during the Free Trail Period at any time without any notice period.
13. Changes to the GTC and Creolytix Security Platform
13.1. Changes to the GTC. Creolytix may update these GTC during a Subscription Term, provided any such update does not (i) have a material adverse effect on Customer’s rights (e.g. with respect to usage rights or service levels or by otherwise materially negatively impacting the equivalent ratio of performance and consideration for the customer) or (ii) result in a material degradation of the security measures maintained by Creolytix regarding the Creolytix Security Platform or Customer Content. The foregoing shall not limit Creolytix’ ability to make changes to these Creolytix GTCs (i) to comply with applicable law, (ii) address a material security risk, (iii) to reflect changes made to the Services in accordance with any change provision in the Agreement, or (iv) that are applicable to new features, supplements, enhancements, capabilities or additional services provided as part of Customer’s Subscription Services at no extra charge. If an update of the GTCs during a Subscription Term applies to Customer, Creolytix will notify Customer at least 90 days prior to such change. If the Customer does not object to the change within six weeks, the updated GTCs shall be agreed. Creolytix will inform the Client within the notification about this effect of not objecting to the GTC change.
13.2. Changes to the Creolytix Security Platform. The Creolytix Security Platform including all Subscription Services may be modified or discontinued by Creolytix from time to time. During the Subscription Term, Creolytix will not materially degrade core features or functionalities of the Creolytix Security Platform or discontinue the Creolytix Security Platform without making available substitute Services, except as necessary to address (i) new legal requirements, (ii) changes imposed by Creolytix’ vendors or subcontractors (e.g. the termination of Creolytix’ relationship with a provider of software or services which are required for the provision of the Creolytix Security Platform), or (iii) security risks that cannot be resolved in a commercially reasonable manner. Creolytix will notify Customer of any such material degradation or discontinuation of the Creolytix Security Platform as soon as reasonably practicable, and Customer may terminate the Order for the applicable Service by providing Creolytix with written notice within 30 days after Customer’s receipt of notice of degradation or discontinuation. In the event of such termination or discontinuation of the Creolytix Security Platform, Creolytix will refund any prepaid fees for the applicable Service on a pro-rata basis for the remainder of the Subscription Term for that Service.
14. Miscellaneous
14.1. Service Specific Terms and Conditions. For certain types of Services of Creolytix (e.g. for specific Feeds, or analysis) service specific terms and conditions (“SSTC”) may apply in addition to these GTC. SSTC are available at www.creolytix.io/legal/sstc or otherwise made accessible to the Customer within the Order.
14.2. Force Majeure. Neither party will be liable for delay or failure to perform any obligations under this Agreement (except with respect to any payment obligations) due to any cause beyond its reasonable control. The delayed party will promptly notify the other party of any such event.
14.3. Notices. Creolytix may notify Customer under this Agreement by (i) posting a notification on the Creolytix Security Platform or on the administrative user account that Customer maintains with Creolytix to manage subscriptions to Services, (ii) sending an email or other text message to the address or contact number provided by Customer as Primary Contact on the Order (iii) sending an email to relevant Authorized Users. Notwithstanding the foregoing, notices regarding claims or disputes will always be sent to the party’s postal address or to the Primary Contact specified in the Order.
14.4. Language. If Creolytix provides a translation of the English language version of an Agreement, the English language version of the respective Agreement will control in the event of any conflict.
14.5. Governing Law and Jurisdiction, Place of Jurisdiction. The validity, interpretation and performance of this Agreement shall be controlled by and construed in accordance with the substantive law of Germany without reference to the substantive law of any other country. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the courts at Munich, Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
14.6. No Waiver; Validity and Enforceability. The failure to enforce any provision of this Agreement will not be construed as a waiver of such provision. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. The parties agree that electronic signatures or acceptance of this Agreement via an electronic system specified by Creolytix will have the same force and effect as manual signatures.
14.7. Entire Agreement. This Agreement constitutes the full and complete agreement between the parties with respect to the subject matter thereof and supersedes any previous or contemporaneous agreements or communications, whether written or verbal, relating to such subject matter. This Agreement may not be varied except as set out in this Agreement or otherwise in writing executed by manual signatures or electronic signatures of authorized representatives of both parties or via an online mechanism. No other terms and conditions will apply. The terms of any purchase order or similar Customer document are excluded and such terms will not apply to any Order, and will not supplement or modify this Agreement irrespective of any language to the contrary in such document.
