TERMS OF USE

1. Introduction

This Subscription Agreement is entered into by Blue Armors for Cybersecurity L.L.C. (“Blue Armors for Cybersecurity L.L.C.”), a Saudi Arabian organization, having its principal place of business at 3732, King Khalid Airport, 8963, Riyadh, and you, the “User”. The term “User” refers to the person who completed the registration process. By logging in and continuing to use Blue Armors for Cybersecurity L.L.C., User represents that he or she is over 18 years old and is a legal entity in the commercial construction industry and agrees to abide by the following terms and conditions.

2. Blue Armors for Cybersecurity L.L.C.

2.1 Subject to User’s compliance with the terms of this Agreement, Blue Armors for Cybersecurity L.L.C. will allow User to subscribe to and use Blue Armors for Cybersecurity L.L.C. 's web application (the “App”). User, upon subscription, may pay the appropriate App access fees to Blue Armors for Cybersecurity L.L.C. User’s access to App will be limited to the type of access and the number of persons allowed based on the subscription fee paid by the User. A license is defined as a unique user id and password which is to be assigned to one employee or associate of the User for the purpose of signing in to the App.

2.2 Blue Armors for Cybersecurity L.L.C. shall not be responsible for delays or service interruptions attributable to causes beyond its reasonable control, including limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, Internet access delays or failures, failures or deficiencies of User’s equipment, or User’s failure to meet its responsibilities under this Agreement. See item 12 of this agreement for the specific terms of the “Uptime Guarantee”.

3. User Responsibilities

3.1 User is responsible for (a) acquiring, installing, and maintaining computer equipment and computer software programs at its premises compatible with and as necessary to use App, (b) obtaining access to the Internet, and (c) downloading from App and installing any necessary plug-ins. All fees associated with these items are the responsibility of the User.

3.2 User is responsible for complying with all federal, state and local laws and regulations when using the Applications and the App, including, but not limited to, complying with The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200, as amended from time to time.

3.3 User grants permission for Blue Armors for Cybersecurity L.L.C. to communicate with User via email, text message, facsimile or telephone from time to time and as needed for all issues related to the App, including but not limited to support, training, updates, or other business purposes

4. Warranties

4.1 Blue Armors for Cybersecurity L.L.C. warrants that the App has the functionality described in the current published specifications for the App. As Blue Armors for Cybersecurity L.L.C.’s sole responsibility and User’s exclusive remedy, in the event of any material failure to meet such standards, Blue Armors for Cybersecurity L.L.C. shall make all reasonable efforts to remedy any such failure.

4.2 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Blue Armors for Cybersecurity L.L.C. MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER. Blue Armors for Cybersecurity L.L.C. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.3 NEITHER Blue Armors for Cybersecurity L.L.C. NOR ANY THIRD PARTY LICENSORS MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF, OR RESULTS TO BE OBTAINED FROM USING THE APP.

4.4 User warrants that the App will only be used for the intended purposes as stated within the scope of this Agreement, and will not infringe the intellectual property rights of Blue Armors for Cybersecurity L.L.C.

5. Indemnities and Liabilities

5.1 User shall indemnify and hold Blue Armors for Cybersecurity L.L.C. and it’s affiliates harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) resulting from User’s use of the App, or the use of the App by anyone authorized by User to access the App. User shall indemnify and hold Blue Armors for Cybersecurity L.L.C. harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) for actual or alleged infringement of intellectual property rights in connection with User’s use of any App beyond the scope of this agreement, including, without limitation, any unauthorized use of the Drawings. User shall also indemnify and hold Blue Armors for Cybersecurity L.L.C. harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) resulting from User’s use of the App, which use is in violation of any applicable federal, state or local law or regulation.

5.2 The total cumulative liability of Blue Armors for Cybersecurity L.L.C. for all claims, whether in contract, tort, or otherwise, arising out of, connected with, or resulting from use of the App shall not exceed the amounts paid by User to Blue Armors for Cybersecurity L.L.C. under this Agreement during the 12 months immediately preceding the claim.

5.3 Blue Armors for Cybersecurity L.L.C. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN ANY APP OR OTHER INFORMATION PROVIDED THROUGH THE APP OR BY DELAYS IN OR INTERRUPTIONS OF ACCESS TO THE APP.

5.4 Blue Armors for Cybersecurity L.L.C. SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE,OR LOST SAVINGS OR GOOD WILL, OR CLAIMS OF USER’S CUSTOMERS, SUBCONTRACTORS OR SUPPLIERS, EVEN IF Blue Armors for Cybersecurity L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Miscellaneous

6.1 Assignment. User may not assign or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party without the prior written consent of Blue Armors for Cybersecurity L.L.C. Consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the parties’ successors and assigns.

6.2 Waiver. The failure of either party to act upon any right, remedy, or breach of this Agreement shall not constitute a waiver of that or any other right, remedy, or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving part

6.3 Governing Law. This Agreement and any claim arising out of this Agreement shall be governed by and construed in accordance with the laws of the Saudi Arabia, excluding its conflict of laws principles.

6.4 Government Rights. If used or acquired by the United States Government, the Government acknowledges that (a) Applications constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-3, as applicable and (b) the Government’s rights are limited to those specifically granted pursuant to this Agreement. The manufacturer is Blue Armors for Cybersecurity L.L.C. Inc, located at 3732, King Khalid Airport, 8963, Riyadh.

6.5 Provisions Severable. The provisions of this Agreement are severable. If any provision is held to be invalid, unenforceable, or void, the remaining provisions shall not as a result be invalidated.

7. Terms of Use

Blue Armors for Cybersecurity L.L.C. reserves the right to modify these terms of use at any time. Any modifications shall be effective upon the earlier of the posting by Blue Armors for Cybersecurity L.L.C. of the modified terms of use at this URL or direct e-mail or other notification of the changes to Blue Armors for Cybersecurity L.L.C.’s customers. No oral statements or representations will constitute any waiver or modification of any term or condition in the terms of use. You agree to review these terms of use periodically so that you are aware of any modifications. Your continued use or access of the App shall be deemed your acceptance of the modified terms of use.

8. Uptime Guarantee

Service Availability Guarantee. Blue Armors for Cybersecurity L.L.C. offers a service uptime guarantee for the Services of 95.9% (“Service Uptime”) of available time. If Blue Armors for Cybersecurity L.L.C. fails to maintain this level of service availability, you may contact Blue Armors for Cybersecurity L.L.C. and request a credit for the time that your service was unavailable to you. The credit may be used only for the purchase of further products and services from Blue Armors for Cybersecurity L.L.C., and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by: 1 - periodic scheduled maintenance or repairs Blue Armors for Cybersecurity L.L.C. may undertake from time to time 2 - outages that affect only the User or the User’s computer, network or Internet Service Provider 3 - power outages or acts of Nature beyond the control of Blue Armors for Cybersecurity L.L.C. 4 - Ultimately the total service uptime shall be solely determined by Blue Armors for Cybersecurity L.L.C. and shall be calculated on a prorated monthly basis.

LAST UPDATED ON 10/11/2021