TERMS OF USE

Last updated on January 16, 2024.

AGREEMENT ON OUR LEGAL CONDITIONS

We are Walvis LLC (“Company”, “we”, “our”).

We operate Walvis, our flagship product, as well as any other related services that reference or link to these legal terms (collectively, the “Services”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and us, regarding your access and use of Walvis. You agree that by accessing Walvis, you have read, understood and agreed to be bound by all of these legal conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING WALVIS AND YOU MUST DISCONTINUE ALL USE IMMEDIATELY.

Additional terms and conditions or documents that may be posted on the Services, in connection with Walvis from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes to these legal conditions at any time and for any reason for Fatoura Compta. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically consult these legal conditions, including those specific to Fatoura Compta, to stay informed of updates. You will be subject to the changes in any revised version of these Legal Terms, including those specific to Walvis, by your continued use of Walvis after the date such revised Legal Terms are posted.

We recommend that you print a copy of these legal conditions, including those specific to Walvis, for your records.

CONTENTS

OUR SERVICES

INTELLECTUAL PROPERTY RIGHTS

USER REPRESENTATIONS

PROHIBITED ACTIVITIES

USER-GENERATED CONTRIBUTIONS

CONTRIBUTION LICENSE

SERVICE MANAGEMENT

DURATION AND TERMINATION

MODIFICATIONS AND INTERRUPTIONS

APPLICABLE RIGHT

Dispute settlement

FIXES

DISCLAIMER

LIMITATIONS OF LIABILITY

COMPENSATION

USER DATA

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

MISCELLANEOUS

CONTACT US

1. OUR SERVICES

The information provided while using the Services is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement in such jurisdiction or country. Therefore, those persons who choose to access the Services from other locations do so on their own initiative and are entirely responsible for compliance with local laws, if any.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Algeria and throughout the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the section below, we grant you a non-exclusive, non-transferable, revocable license to:

Access the Services

Download or print a copy of any portion of the Content to which you have rightful access.

Solely for your personal, non-commercial use or internal business purposes.

Except as otherwise provided in this section or elsewhere in our Legal Terms, no part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or exploited in any commercial manner, without our express prior written permission.

If you wish to make use of the Services, Content or Marks other than that indicated in this section or elsewhere in our Legal Conditions, please send your request to: . If we grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensees of the Services, Content or Marks and ensure that any copyright notice or property appears or is visible when publishing, reproducing or displaying our Content.

We reserve all rights not expressly granted to you in the Services, Content and Marks.

Any violation of these intellectual property rights constitutes a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the rights you grant to us and the obligations you have when you post or upload content through the Services.

Contributions: By directly sending us any questions, comments, suggestions, ideas, feedback or other information about the Services (“Contributions”), you agree to assign to us all intellectual property rights in such Contribution.

You agree that we shall own such Contribution and shall be entitled to the unrestricted use and dissemination thereof for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending Contributions to us through any part of the Services, you:

Confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and do not post, submit, publish, upload or transmit through the Services any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating to any person or group , explicitly sexual, false, inaccurate, misleading or deceptive.

To the extent permitted by applicable law, waive all moral rights in any such Contribution.

Warrant that any Contributions are original with you or that you have the necessary rights and licenses to submit such Contributions and that you have full authority to grant us the rights set forth above in your Contributions.

You are solely responsible for your Contributions and you expressly agree to reimburse us for any losses we may incur as a result of your violation of this section, a third party's intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

you have the legal capacity and you agree to comply with these Legal Conditions;

you are not a minor in the jurisdiction in which you reside;

you will not assign the Services through automated or non-human means, whether through a robot, script or otherwise;

you will not use the Services for any illegal or unauthorized purpose;

Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are expressly approved or authorized by us.

As a user of the Services, you agree not to:

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Trick, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security¬related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content they contain.

Disparage, tarnish, or harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services in any manner inconsistent with applicable laws or regulations.

Engage in unauthorized framing or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with your uninterrupted use of the Services by any party or that modifies, impairs, disrupts, modifies or interferes with the use, features, functions, operation or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use another user's username.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphical information exchange formats ( "gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "PCMS").

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Services to you.

Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part of the Services.

Copy or adapt the Services' software, including but not limited to PHP, HTML, JavaScript or other code.

Unless authorized by applicable law, decrypt, decompile, disassemble or reverse engineer any software comprising or constituting a part of the Services.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue ¬generating endeavor or commercial enterprise.

Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

5. USER-GENERATED CONTRIBUTIONS

The Services do not allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Services, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that they comply with all applicable laws and regulations and with these terms of use.

6. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process and use any information and personal data you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not assert any ownership rights in your Contributions. You retain full ownership of all of your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from all liability and to refrain from any legal action against us relating to your Contributions.

7. SERVICE MANAGEMENT

We reserve the right, but not the obligation:

To monitor the Services for violations of these Legal Conditions;

To take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;

in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

in our sole discretion and without limitation, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

To otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

8. DURATION AND TERMINATION

These Legal Terms will remain in force as long as you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), to ANY ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting under name of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or delete the content of the Services at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of unavailability or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. APPLICABLE LAW

These Legal Conditions will be governed and defined in accordance with the laws of the People's Democratic Republic of Algeria. SARL Brainiac and you irrevocably agree that the Koléa court (Tipasa court) has exclusive jurisdiction to resolve any dispute that may arise under these Legal Conditions.

11. SETTLEMENT OF DISPUTES

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Informal negotiations

To expedite resolution and control the costs of any dispute, controversy or claim related to these Legal Terms (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Disputes”) Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from these Legal Conditions, including any question concerning its existence, validity or termination, shall be submitted to and finally resolved by Court of Koléa (Rue Fouka, Koléa. Tipaza.) in accordance with the rules of this Court, which, from referring to it, is considered part of this clause. The number of referees will be four (4). The seat, or legal place, of the arbitration will be the Offices of SARL Brainiac. The language of the proceedings will be Arabic. The law applicable to these Legal Conditions will be the substantive law of the People's Democratic Republic of Algeria.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

no arbitration will be joined to any other proceeding;

there is no right or authority for any Dispute to be arbitrated on a class basis or to utilize class action procedures;

there is no right or authority for any Dispute to be brought on behalf of the public or any other persons in any purported representation.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration:

any Dispute seeking to enforce or protect, or concerning the validity, of a Party's intellectual property rights;

any Dispute related to allegations of theft, piracy, invasion of privacy or unauthorized use;

any request for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction in the courts indicated. for the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -COUNTERFEIT. WE MAKE NO WARRANTY OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR

ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS,

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES

ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY A THIRD PARTY

ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER ADVERTISING OR OTHER ADVERTISING, AND WE WILL IN NO EVENT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDER OF THIRD PARTY PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE , LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN LAWS OF CERTAIN U.S. STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. COMPENSATION

You agree to defend, indemnify and hold harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses incurred by a third party due to or arising out of:

use of the Services

violation of these Legal Conditions

any breach of your representations and warranties set forth in these Legal Terms

your violation of any third party rights, including but not limited to intellectual property rights

any overt harmful act towards any other user of the Services with whom you have been in contact through the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of these claims. . We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any claim against us arising from any loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. . No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute them.

19. CONTACT US

To resolve a complaint regarding the Services or to obtain additional information regarding use of the Services, please contact us at: 044995974.