End User Services Agreement (US)

Effective Date: Feb 1, 2024

Thanks for using Asabik! Asabik provides a platform (“Platform”) that allows you and other end users to invest and get investment from investors once your account is approved (“Accounts”) with applications that can help you do things like apply to apply for investment to your business, manage your investment for investors, monitor your application status and investment return (“Apps”).

This End User Services Agreement (US) (“Agreement”) is an agreement between you or the entity you represent (“you” and “your”) and Asabik LLC. (“Asabik”, “we” or “us”). By accepting this Agreement or accessing asabik.com or your Asabik profile, you agree to this Agreement and certify that you have all necessary rights to do so. and. This Agreement governs your use of the Services.

Please note that this Agreement does not apply to the services we provide to the developers of Apps. Those services are covered by our Developer Terms of Use and other terms.

invest.asabik.com.

You can use invest.asabik.com to manage connections between your Accounts and Apps.

ASABIK PROFILE CREATION.

You need to create a profile with Asabik in order to use certain features of the Platform, including certain features of invest.asabik.com. You also need to ensure that your information is accurate, complete and up-to-date. You must notify us if you learn of any unauthorized access to or use of your Asabik Profile.

CONTROL AND RESPONSIBILITIES.

You represent and warrant that you have all necessary rights to use your Accounts and Apps with the Platform, and you agree to comply with all laws and regulations applicable to your use, as well as any rules and guidelines that we post. You must not (1) use or access anyone else’s Accounts or related data, (2) submit information about anyone else’s identity or Accounts or that violates any third-party rights or (3) use the Platform for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Platform or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Platform, (c) rent, lease, provide access to or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of the Platform or remove any of Asabik’s proprietary notices, (e) access the Platform for competitive purposes or publish any benchmark or performance information about the Platform, or (f) use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other users.

HOW ASABIK USES YOUR DATA.

Please review our Asabik Privacy Policy to learn how Asabik uses data related to your Accounts (e.g., your Account login information and balance information). If you have questions, contact us at privacy@asabik.com.

RIGHTS TO THE PLATFORM.

Note that Asabik owns all right, title and interest (including intellectual property rights) in and to the Platform (including invest.asabik.com and Asabik Profile features) and our related websites and technology. If you choose to give us feedback, suggestions or other inputs about the Platform, we may use them without restriction.

Asabik may modify the Services and Asabik Technology at any time, including adding or removing functionality or imposing conditions on use of the Services. Asabik will notify you of material adverse changes in, deprecations to, or removal of functionality from, Services or Asabik Technology that you are using. Asabik is not obligated to provide any Updates.

Asabik will provide you with support to resolve general issues relating to your Asabik Account and your use of the Services through resources and documentation that Asabik makes available on the Asabik Website and in the Documentation. Asabik’s support is also available by contacting Asabik at contact us. Asabik is not responsible for providing support to Customers.

LIMITATIONS ON LIABILITY.

TO THE EXTENT PERMITTED BY LAW, THE PLATFORM (INCLUDING INVEST.ASABIK.COM AND ASABIK PROFILES) IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. ASABIK, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ASABIK DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT ASABIK WILL MAINTAIN ANY DATA WITHOUT LOSS.

Liabilities for our Platform. TO THE EXTENT PERMITTED BY LAW, ASABIK, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).

DISPUTE RESOLUTION.

We hope you will have a positive experience using our Platform, but should a dispute between us arise out of or relating to these Terms, we agree to resolve the dispute by following these steps:

1. Send us a notice, according to the Notices section below, describing the dispute and including all relevant facts so we know how to help you.

2. Within 15 business days after our receipt of your notice, we will reach out to discuss your dispute with you.

3. If we’re not able to resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.

4. Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you with a counter-proposal.

After Step 4, it’s up to you to decide whether you’d like to continue to negotiate with us to resolve your dispute, or whether you’d like to pursue a resolution through some other means.

Throughout this process, both you and Asabik agree to negotiate in good faith and according to the terms of this section to resolve the dispute before resorting to litigation or some other form of dispute resolution procedure. All negotiations (including your notice, our discussions, and your and our proposals) pursuant to this section are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.

NOTICES.

Asabik may provide notices or communications to you through the email associated with your Asabik profile, through invest.asabik.com or through other reasonable methods. All notices, requests and other communications to Asabik under this Agreement must be in writing to Asabik LLC, (with copy to support@asabik.com ) and will be deemed given when delivered.

ENDING THIS AGREEMENT.

At any time in its discretion, Asabik may terminate or suspend this Agreement (or your use of the Platform) with or without notice and for any or no reason, including if Asabik suspects that you have violated this Agreement. Asabik will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Asabik may have. Except for your right to use the Platform, this Agreement will survive any termination.

ABOUT THIS AGREEMENT.

This Agreement may not be transferred or assigned by you without Asabik’s prior written consent. Asabik’s affiliates, contractors and service providers may exercise Asabik’s rights or fulfill its obligations under this Agreement. Waivers must be in writing and no waivers will be implied. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. This Agreement is the final, complete and exclusive agreement between you and us relating the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In this Agreement, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

Asabik may modify this Agreement from time to time. Unless we specify otherwise, modifications take effect (and govern future use of the Platform, including invest.asabik.com and your Asabik Profile) when we post the modified version. Asabik will use reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version. If you do not agree to the modifications, your sole remedy is to cease using the Platform.