Terms and Conditions

These are the terms and conditions that govern the use of EXCEED and all its related sites and services. By using EXCEED Platform, you agree to these terms and conditions. If you do not agree with these terms and conditions, please do not access or use the site.

The following Terms and Conditions shall apply to all Users in relation to EXCEED provided services through EXCEED platform “the Platform”. These Terms and Conditions come into force once you accept a service through the Platform or through any other form of communications with EXCEED.

Please note that you should review and agree with our Privacy Policy as it is an integral part of these terms and conditions.

The User agrees and accepts that the use of the Platform and the Services provided by EXCEED is at the sole liability of the User, and further acknowledges that Pi disclaims all representations and warranties of any kind, whether expressed or implied.

Eligibility

In ensuring that Users are able to form legally binding contracts, eligibility to use the site is not granted to persons under the age of 18 years, or the age of legal majority in your jurisdiction, whichever is greater.

If you are registering as a business entity, you represent that you have the authority to bind that entity to Terms and Conditions and that you and the business entity will comply with all applicable laws and terms governing the use of the Platform.

Accounts and Registration

Account registration requires you to submit to EXCEED certain personal information, including but not limited to your company name, address, commercial register, and mobile phone number, you agree to maintain true and accurate, complete, and up to date information in your Account. You are responsible for all activity that occurs under your Account, and as such, you agree to maintain the security of your Account username and password at all times, unless otherwise permitted by EXCEED in writing.

User accounts are not transferable. You agree to reimburse EXCEED for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Platform, services or otherwise by using your designated username and password, whether or not you authorized such access.

If EXCEED suspects, at its sole discretion, that any of the information you provided is untrue, inaccurate, incomplete, or not current, without prejudice to any other rights and remedies of EXCEED under these Terms and Conditions or under the Applicable Laws, we have the right to suspend, or limit your access to the Platform and its Services.

EXCEED may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide a response with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to EXCEED upon such requests. You acknowledge and agree that if you do not, EXCEED without liability may limit, suspend or withdraw your access to the Platform. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

By completing your registration, you acknowledge having read, understood and agreed to be bound by these Terms and Conditions, along with the Privacy Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part hereof.

Services

EXCEED provides technological solutions to organizations by licensing them to access the electronic platform to connect employee performance, development, engagement and motivation.

Electronic Communications

By creating an Account, you agree that you are communicating with us electronically. Therefore, you consent to receive periodic communications from us. EXCEED will communicate with you via e-mail or may send you information via text messages (SMS), as well as by posting notices on the Platform as part of the normal business operation of your use of the Services. You acknowledge that opting out of any of the said means of communication may affect your use of the Services.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

EXCEED will request your agreement during the registration process to send you promotional emails or notifications related to the Platform and its services. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

Copyrights and Trademarks

All content included on the Platform, including but not limited to text, graphics, EXCEED’s logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of EXCEED or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Platform is the exclusive property and copyright of EXCEED and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

EXCEED and related logos are the trademarks of EXCEED. EXCEED’s trademarks may not be used in connection with any service or service that is not EXCEED nor in any manner that disparages or discredits EXCEED.

Use of the Platform

Subject to the User`s compliance with these Terms and Conditions, EXCEED grants the User a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:

  • access and use the Services solely in connection with the provision of the Services;
  • access and use any content, information and related materials that may be made available through the Services; and

Any rights not expressly granted herein are reserved by EXCEED and may be revoked at any time without notice to the customer.

The User shall not use any trademark or any intellectual property rights belonging to EXCEED from any portion of the Services, and shall not reproduce, modify, prepare, publicly, perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by EXCEED in writing, and shall not decompile, reverse engineer or disassemble the Services, and shall not link to mirror or frame any portion of the Services or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services, or unduly burdening, or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The User may not post in the service review section for the listed services, or anywhere else on the site (as determined at our sole discretion): solicitation, advertising, foul language, profanities, obscenities, culturally offensive material, religiously offensive material, critical political content, material that may threaten the public interest or national security, defamatory or libelous harassment, or other content that may be offensive or indecent.

Data Warranties

User may access the Service as an organization or on behalf of an organization. If the user is signing up for the Service on behalf of an organization, User represents and warrants that he/she is duly authorized to represent the organization and accepts the terms of the service on behalf of the organization.

Payments

EXCEED provides different payment methods on the Platform, which include among others, the following:

  • Online payment through credit cards.

EXCEED reserve the right to alter, change, modify, or provide any payment methods.

Organization provides the online payment services through Third-Party Providers. EXCEED shall not store any data related to credit cards. EXCEED shall have no responsibility to any error, damage or any matter similar that may arise to the User as a result of using the online payment, such shall be the responsibility of Third-Party Provider.

The User shall ensure sufficient coverage of the respective account that cover the orders and shall abide by the credit card transaction limits.

EXCEED may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that the user provide it with further information or documentation, including without limitation to verify user’s identity and/or ownership of the financial instruments. Users agree to provide any information and/or documentation to EXCEED upon such requests. Users acknowledge and agree that if they do not, EXCEED without liability may cancel the transaction, limit, suspend or withdraw user’s access to the Platform and/or membership of the Platform.

Third Party Services

The Services may be made available or accessed through Third-Party Service Providers and content (including advertising) that EXCEED does not control. User acknowledges that different terms of use and privacy policies may be applied for use of such third-party services and content. EXCEED does not endorse such third-party services and content and in no event shall EXCEED be responsible or liable for any of the services of these Third-Party Service Providers.

Refund policy

Either of Us may terminate the terms of the service at any time in the event of a material breach by the other that is not cured within thirty (30) days after receiving written notice of such breach. If these terms of the service are terminated due to the organization's breach, You will receive no refund. If the cause of termination is Our breach, You will receive a pro-rata refund of the fees paid calculated from the first day of the month after the termination takes effect.

Privacy and Confidentiality

User(s) shall not disclose any information received under the contract of service with EXCEED to any third party. Access to any information which pertains to business of EXCEED shall be kept confidential to the extent it might adversely impact EXCEED’s business. User(s) shall be liable to indemnify EXCEED against any loss of business or reputation due to the act of the User(s).

Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF CLIENTS AND/OR SERVICE PROVIDER ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN ADDITION, EXCEED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEED DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THE CLIENTS AND/OR SERVICE PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING FROM THE USE OF SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

THE INFORMATION CONTAINED IN THE PLATFORM IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION PROVIDED BY EXCEED WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE PLATFORM OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

ALL ACCOUNTS REGISTERED WITH EXCEED ARE CONTINUOUSLY TRACKED FOR SECURITY PURPOSES AND PERFORMANCE REASONS. IT IS EXPRESSLY MADE CLEAR TO YOU HEREBY THAT EXCEED DOES NOT OWN ANY ACCOUNT OF ANY KIND.

Limitations of Liability

EXCEED is only a technology platform and shall not be held liable for any failure related to the user and/or Service Provider Services.

EXCEED shall not be held liable in any case or for any matter related to the Organization’s services. However, EXCEED will use it best endeavors to ensure the quality of such services.

The Third-Party Service Providers are independent Services providers under contract with EXCEED and are not employees, representatives, and/or agents of EXCEED. EXCEED does not perform the task itself, but rather manages the execution of said task through its platform by providing a connection for the User and/or Service Providers. Users and/or Service Providers shall be responsible for service quality, efficiency, originality, availability, and legality. Any breach of said shall result in the termination of the user and/or Service Provider from EXCEED.

Users agree that EXCEED shall not participate in disputes between any parties in any case. Whereas, by using the said Services the User acknowledges the potential risks or mistakes of the Third-Party Service Providers. Accordingly, the use of the Services is at the User’s risk and judgment, and EXCEED shall have no liability arising from or in any way related to the User’s transactions or relationship with the Third-Party Service Providers.

EXCEED shall be entitled to disclose any User information it may possess to affiliated corporate entities within its group of companies, or if required by law, or if requested or directed to do so by any official government body. EXCEED will do so at its sole discretion or as We may determine to be suitable or in Our best interest to do so.

EXCEED shall be entitled to add to, vary or amend any or all of these Terms and Conditions at any time without notice. The User shall be bound by any additions, variations, or amendments once incorporated into these Terms and Conditions on EDWAVSES ’s Platform.

EXCEED shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, lost data, or damages that may arise, even if EXCEED has been advised of the possibility of such damages. EXCEED shall not be liable for any damages, liability or losses incurred by you arising out of your use of or reliance on the Services or your inability to access or use the Services or any transaction or relationship between you and any the Client and/or Service Provider or the Third-Party Service Providers, even if EXCEED has been advised of the possibility of such damages. EXCEED shall not be liable for delay or failure in performance resulting from causes beyond EXCEED`s reasonable control, and We shall not be liable in the event that the Client and/or Service Provider or Third-Party Service Providers may not be professionally licensed or permitted.

These limitations do not purport to limit liability that cannot be excluded under the applicable laws.

Indemnification

You agree to indemnify and hold EXCEED, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse EXCEED with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of these Terms and Conditions, along with our Privacy Policy or use by you or any third party of the Services.

Force Majeure

EXCEED shall not be liable for any delay, interruption or failure in the provisioning of Services if caused by any act of Force Majeure, or other similar events beyond our control that may prevent or delay service provisioning.

Governing Laws

The rights and obligations of the parties pursuant to these Terms and Conditions are governed by and shall be construed in accordance with the laws of the Arab Republic of Egypt.

You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms and Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms and Conditions in any jurisdiction where you reside, do business, or have assets.

Where there is any dispute or inconsistency arising from the text of these Terms and Conditions, the Arabic version shall prevail.

Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms and Conditions in any way.

Entire Agreement

This Agreement along with EXCEED’s Privacy Policy, may be updated from time to time and posted at [www.EXCEED.space], constitutes the complete agreement and understanding between us with respect to the Service and supersedes any other form of Agreement.