Welcome to Tsekmo.com (our “website”) operated by “Energizm inc” (“we” or “us”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and us governing the use of our website and our Services. We license use of our website to you on the basis of these Terms. We do not sell our website to you, and we remain the owner of our website at all times.
1.1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
1.3.1.you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.3.2.you shall ensure that all Users of your Account abide by these Terms.
1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
1.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
1.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, and any other applicable laws.
2.2. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
2.2.1.the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
2.2.2.the loss of any content or data provided to us by you. You should keep a record of all such content and data.
2.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
2.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the website.
2.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
2.6. We have the right to delete any content uploaded to our website if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
3.1. You agree not to use the website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website or Services in any way that could damage the website, Services, or general business of Tsekmo.com
3.2. You further agree not to use the website or Services:
3.2.1.to harass, abuse, or threaten others or otherwise violate any person's legal rights.
3.2.2.to violate any of our intellectual property rights or any third party.
3.2.3.to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
3.2.4.to perpetrate any fraud.
3.2.5.to publish or distribute any obscene or defamatory material.
3.2.6.to publish or distribute any material that incites violence, hate, or discrimination towards any group.
3.2.7.to unlawfully gather information about others.
4.1. You may use our website only for lawful purposes. You may not use our website:
4.1.1.in any way that breaches any applicable local or international laws or regulations;
4.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
4.1.4.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2. You also agree:
4.2.1.not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
4.2.2.not to access without authority, interfere with, damage or disrupt:
4.2.3.any part of our website;
4.2.4.any equipment or network on which our website is stored;
4.2.5.any software used in the provision of our website; or
4.2.6.any equipment or network or software owned or used by any third party.
5.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
5.1.1.save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the website, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
5.1.2.not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
5.1.3.not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
5.1.4.to include our copyright notice on all entire and partial copies you make of our website on any medium;
5.1.5.to comply with all applicable technology control or export laws and regulations; and
5.1.6.not to disrupt, disable, or otherwise impair the proper working of the Services, our website or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
6.1. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
6.2. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
6.3. You acknowledge that you have no right to have access to our website in source code form.
6.4. Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the website, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
6.6. You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a license to do so from us or our licensors.
7.1. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
7.2. As part of the Services, you may communicate with Third Parties and have access to Third Party’s Advice. Any information about Third Parties is provided on an “as is” basis, based on information provided to us by the Third Parties. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Third Party or Third Party’s Advice.
7.3. You acknowledge that Third Parties are not our agents or employees, and all Third Parties are solely responsible for any Third Party’s Advice. No Third Party is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on Third Parties, we do not make any representations or warranties as to the qualifications or experience of any Third Party and you are encouraged to conduct your own due diligence on each Third Party, including whether such Third Party and Third Party’s Advice is relevant or suitable for your needs.
7.4. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
8.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website, including reliance on any Third Party’s Advice, is at your sole risk.
8.2. We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our website or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
8.3. You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
8.3.1.loss of profits, sales, business, or revenue;
8.3.2.business interruption;
8.3.3.loss of anticipated savings;
8.3.4.loss or corruption of data or information;
8.3.5.loss of business opportunity, goodwill or reputation; or
8.3.6.any other indirect or consequential loss or damage.
8.4. Nothing in these Terms shall limit or exclude our liability for:
8.4.1.death or personal injury resulting from our negligence;
8.4.2.fraud; and/or
8.4.3.any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
8.5. Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
Energizm Inc., DBA Tsekmo, provides the Services and the Website on an "as is" and "as available" basis. To the maximum extent permitted by law, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Energizm Inc. shall not be liable for:
Indirect, incidental, special, exemplary, or consequential damages, including, but not limited to, loss of profits, revenue, goodwill, business opportunities, or anticipated savings, even if we have been advised of the possibility of such damages.
Any loss or damage to data, including but not limited to the loss or corruption of user content or any other data stored on our platform.
Any claims, demands, or actions against you by any third party, arising out of or in connection with your use of our Services or Website.
Nothing in this Limitation of Liability shall:
Exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Limit your statutory rights as a consumer that cannot be waived under applicable law.
In no event shall Energizm Inc.'s total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms, whether in contract, tort (including negligence), or otherwise, exceed the amount you have paid to us for use of the Services or $100, whichever is greater.
This Limitation of Liability clause is highlighted to ensure that you are fully aware of its provisions. By continuing to use our Services or Website, you acknowledge that you have read, understood, and agree to this clause.
8.7. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law
You agree to indemnify and hold us, our related corporations and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
Indemnity Clause for Energizm Inc., DBA Tsekmo
Indemnity
9.1 Scope of Indemnity:
Users agree to indemnify, defend, and hold harmless Energizm Inc. (doing business as Tsekmo), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Users' use or misuse of the Tsekmo platform and services.
(b) Any content that users submit, post, or otherwise transmit through the platform.
(c) Users' violation of any applicable law, regulation, or the terms and conditions of this Agreement.
(d) Users' violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights.
9.2 Limitation of Indemnity:
This indemnity obligation does not apply in cases where Energizm Inc. is found to be partly or wholly at fault. Specifically:
(a) Users are not required to indemnify Energizm Inc. for claims arising from the company's own gross negligence, willful misconduct, or violation of applicable laws.
(b) If a claim arises from a situation where both the user and Energizm Inc. are at fault, the indemnity obligation will be limited to the extent of the user's proportional responsibility for the claim.
9.3 Notice and Defense of Claims:
Energizm Inc. agrees to promptly notify the user of any claim for which it seeks indemnification and will allow the user to control the defense and settlement of such claim. However, Energizm Inc. reserves the right to participate in the defense of any such claim with its own counsel at its own expense.
9.4 Exclusions:
This indemnity does not cover any claims, damages, or liabilities arising from the following:
(a) Acts or omissions by third parties unrelated to the user's use of the Tsekmo platform.
(b) Any indirect, incidental, special, consequential, or punitive damages, unless such damages are directly related to the user's actions or omissions.
10.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
10.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
10.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
10.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the United States of the State of Delaware. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of Delaware Court of Chancery.
Effective Date: August 22, 2024
Last Updated: August 24, 2024
Energizm Inc ("we," "our," or "us") is committed to protecting the privacy and security of our users' personal data. This Data Protection Agreement ("Agreement") outlines the terms and conditions under which we collect, process, store, and transfer personal data, ensuring compliance with global data protection laws and regulations
Personal Data: Any information relating to an identified or identifiable natural person.
Processing: Any operation or set of operations performed on personal data, including collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, or otherwise making available.
Data Subject: Any individual whose personal data is being collected, held, or processed.
Data Controller: The entity that determines the purposes and means of the processing of personal data.
Data Processor: The entity that processes personal data on behalf of the Data Controller.
3.1 Explicit Consent Requirement:
By using Energizm Inc’s services, users provide explicit consent to the collection, processing, and sharing of their personal data as described in this Agreement.
Users will be informed clearly and transparently about what personal data is collected and how it will be used before they provide consent.
3.2 Right to Withdraw Consent:
Users have the right to withdraw their consent at any time by contacting Energizm Inc at Support@Energizm.com. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
4.1 Anonymization Practices:
Where possible, Energizm Inc will anonymize personal data to protect user identities. Anonymized data will not be considered personal data under this Agreement.
4.2 Use of Anonymized Data:
Anonymized data may be used for research, statistical analysis, and improving our services, provided that such use cannot reasonably be used to identify an individual.
1. Introduction
Energizm Inc DBA Tsekmo is committed to protecting the privacy of our users. As part of this commitment, we employ robust anonymization techniques to safeguard personal data. This section outlines our anonymization policy, including how data is anonymized, the reasons for doing so, and the benefits for user privacy.
2. Definition of Anonymized Data
Anonymized data refers to information that has been processed to remove or alter personal identifiers, rendering it impossible to trace back to an individual. Once anonymized, data is no longer considered personal data under applicable data protection laws, such as the General Data Protection Regulation (GDPR).
3. Anonymization Techniques
To ensure that personal data cannot be re-identified, we employ the following anonymization techniques:
Data Minimization: We limit the collection and retention of data to only what is necessary for specific, stated purposes.
Pseudonymization: Personal identifiers such as names and email addresses are replaced with unique codes or pseudonyms.
Aggregation: Data is combined into larger groups or categories to prevent individual identification.
Masking: Certain elements of data, such as partial IP addresses or email addresses, are obscured or removed.
Encryption: Data is encrypted to add an additional layer of security, ensuring that even if intercepted, the data remains inaccessible and unusable.
4. Reasons for Anonymization
Energizm Inc DBA Tsekmo anonymizes user data for the following reasons:
Enhanced Privacy: By anonymizing data, we further protect user identities, reducing the risk of unauthorized access or misuse of personal information.
Compliance: Anonymization ensures compliance with global data protection regulations, including GDPR, by minimizing the potential for personal data breaches.
Data Utility: Anonymized data can be safely used for research, statistical analysis, and service improvement without compromising user privacy.
Security: Anonymization adds an additional layer of protection against data breaches, as anonymized data is less valuable to malicious actors.
5. Benefits of Anonymization
The anonymization of data offers several benefits for our users:
Increased Security: Anonymized data is less likely to be targeted or exploited by malicious actors, providing an extra safeguard for personal information.
Data Protection Compliance: Users can be assured that their data is handled in accordance with stringent global data protection laws, reducing the risk of privacy violations.
Safe Data Usage: Anonymized data allows us to continue improving our services and conducting meaningful research without risking user privacy.
6. User Rights and Transparency
We are committed to transparency in how we handle user data. Users have the right to know how their data is anonymized and can request further information by contacting us at Support@tsekmo.com. Additionally, users may opt-out of having their data anonymized for specific purposes where required by applicable law.
7. Regular Audits and Updates
Energizm Inc DBA Tsekmo conducts regular audits of our anonymization processes to ensure compliance with the latest data protection standards. We will update this anonymization policy as needed to reflect changes in technology, regulations, and best practices.
5.1 Retention Period:
Personal data will be retained only as long as necessary for the purposes outlined in this Agreement or as required by law. The retention period will be determined based on the nature of the data and the purposes for which it is processed.
5.2 Data Deletion Requests:
Users have the right to request the deletion of their personal data at any time by contacting Energizm Inc at Support@Energizm.com. Energizm Inc will respond to such requests in accordance with applicable laws and regulations.
1. Retention Periods for Personal Data
Energizm Inc., DBA Tsekmo, is committed to complying with global data protection regulations, including the General Data Protection Regulation (GDPR). To ensure compliance and protect the privacy of our users, we have established specific retention periods for different types of personal data:
User Account Information: Retained for the duration of the user's account activity and for a period of [X] years after account closure to comply with legal obligations and for the resolution of disputes.
Transaction Data: Retained for [Y] years to meet legal, accounting, or reporting requirements.
Communication Logs: Retained for [Z] months to facilitate customer support, and then deleted unless required for legal reasons.
Anonymized Data: Retained indefinitely, as it no longer qualifies as personal data and cannot be used to identify individuals.
2. Automated Deletion Processes
To ensure compliance with data minimization principles and to protect user privacy, Energizm Inc. has implemented automated deletion processes. These processes ensure that:
Personal data is automatically deleted or anonymized once the retention period has expired.
Users are informed of the data retention timelines at the point of data collection and can request the deletion of their data at any time by contacting us at Support@Tsekmo.com.
3. User Rights and Transparency
Energizm Inc. respects the rights of users under applicable data protection laws. Users have the right to:
Request access to their personal data and understand how it is being processed.
Request the correction or deletion of their data within the retention period, subject to legal constraints.
Withdraw consent for data processing, where applicable, without affecting the lawfulness of processing based on consent before its withdrawal.
4. Compliance and Auditing
To maintain compliance, Energizm Inc. will conduct regular audits of its data retention practices and update this policy as necessary. Any changes will be communicated to users promptly.
By adhering to these guidelines, Energizm Inc. aims to protect user privacy, ensure transparency, and maintain compliance with global data protection regulations.
6.1 Cross-Border Data Transfers:
Any transfer of personal data across national borders will comply with local data protection laws. Energizm Inc will use mechanisms such as Standard Contractual Clauses (SCCs) or other lawful means to ensure adequate protection for personal data transferred to countries without adequate privacy laws.
6.2 International Data Transfers:
Energizm Inc may transfer personal data to third-party service providers located in other countries for processing purposes. These transfers will only occur under agreements that ensure the protection of personal data in line with this Agreement.
7.1 European Union (GDPR) Compliance:
Energizm Inc will ensure full compliance with the General Data Protection Regulation (GDPR). This includes:
Data Subject Rights: Users in the EU have the right to access, rectify, erase, restrict, or object to the processing of their personal data. They also have the right to data portability.
Data Protection Impact Assessments (DPIAs): Energizm Inc will conduct DPIAs for any processing activities that may result in a high risk to the rights and freedoms of individuals.
Data Protection Officer (DPO): Energizm Inc has appointed a Data Protection Officer who can be contacted at DPO@energizm.com.
7.2 United States (CCPA) Compliance:
In California, Energizm Inc will comply with the California Consumer Privacy Act (CCPA) by providing users with the following rights:
Right to Access: Users can request information about the categories and specific pieces of personal data Energizm Inc has collected about them.
Right to Delete: Users can request the deletion of personal data collected by Energizm Inc.
Right to Opt-Out: Users have the right to opt-out of the sale of their personal data. Energizm Inc will provide a "Do Not Sell My Personal Information" link on its website for this purpose.
7.3 Brazil (LGPD) Compliance:
Energizm Inc will comply with Brazil’s General Data Protection Law (LGPD) by ensuring that:
Data Subject Rights: Users in Brazil have the right to confirm the existence of processing, access their data, correct incomplete or outdated data, and request anonymization, blocking, or deletion of unnecessary or excessive data.
Legal Basis for Processing: Energizm Inc will process personal data only under the legal bases provided by the LGPD, including consent, legitimate interest, or legal obligation.
8.1 Data Security:
Energizm Inc implements appropriate technical and organizational measures to protect personal data against unauthorized access, accidental loss, disclosure, or destruction. These measures include encryption, access controls, and regular security audits.
8.2 Breach Notification:
In the event of a data breach, Energizm Inc will notify affected users and relevant authorities as required by law. Notification will occur without undue delay and within the timeframes specified by applicable regulations.
Energizm Inc reserves the right to modify this Agreement at any time. Users will be notified of any significant changes through our website or other communication channels. Continued use of Energizm Inc’s services after changes have been made will constitute acceptance of the revised Agreement.
10.1 This Agreement shall be governed by and construed in accordance with the laws of State Delaware. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of Delaware Court of Chancery.
10.2 Jurisdiction-Specific Provisions:
Recognizing the diverse jurisdictions in which our users reside, Energizm Inc. (DBA Tsekmo) acknowledges that certain jurisdictions have specific consumer protection laws that may provide additional rights or remedies. Accordingly:
European Union (EU): For users residing in the European Union, this Agreement shall comply with the General Data Protection Regulation (GDPR) and other applicable EU laws. Any disputes arising under this Agreement may also be brought in the courts of the user’s country of residence within the EU.
California, USA: For users residing in California, this Agreement shall comply with the California Consumer Privacy Act (CCPA) and other applicable California laws. Any disputes arising under this Agreement may be brought in the courts of the State of California.
Brazil: For users residing in Brazil, this Agreement shall comply with the General Data Protection Law (LGPD) and other applicable Brazilian laws. Any disputes arising under this Agreement may be brought in the courts of the user’s country of residence within Brazil.
10.3 Enforcement:
Energizm Inc. reserves the right to enforce this Agreement in any jurisdiction where legal actions are brought, and users agree to submit to the jurisdiction of such courts. The company may, at its discretion, take legal action in the user’s country of residence or any other jurisdiction where it deems appropriate.
10.4 Amendments to Jurisdictional Terms:
Energizm Inc. reserves the right to amend these jurisdictional provisions as required to ensure compliance with local laws and to protect the company’s interests. Users will be notified of any significant changes to these terms and may be required to accept the revised terms to continue using the services.
For any questions or concerns about this Agreement or Energizm Inc’s data protection practices, please contact us at:
Email: Legal@energizm.com
Phone: 408-740-0759
Address: 30N Gould St. Ste R, Sheridan, WY 82801
This Consumer Protection Agreement ("Agreement") is entered into by and between Energizm Inc ("Company") and the User or Participant ("Participant") of Energizm Inc’s services, promotions, competitions, and reward systems. This Agreement outlines the transparency, fairness, and consumer protection policies of Energizm Inc applicable globally, with specific adjustments for key jurisdictions.
1.1 Clear Rules
1.1.1. Promotional Campaigns, Competitions, and Reward Systems
Energizm Inc ensures that all promotional campaigns, competitions, and reward systems will have clear, transparent rules. These rules will be:
Accessible: Easily accessible to all participants through the Energizm Inc website and app.
Comprehensive: Detailed to include all terms and conditions, eligibility requirements, criteria for winning or earning rewards, and the method of distribution of rewards.
Non-Ambiguous: Written in clear, concise language to avoid any potential ambiguity or misunderstanding.
1.1.2. User Acknowledgment
By participating in any promotional campaign, competition, or reward system, the Participant acknowledges that they have read, understood, and agreed to the rules and terms provided by Energizm Inc.
1.2.1. Fair and Transparent Dispute Resolution
Energizm Inc is committed to resolving any disputes arising from its promotional campaigns, competitions, or reward systems in a fair and transparent manner. Energizm Inc provides the following dispute resolution mechanisms:
Internal Resolution: Participants can submit complaints or disputes directly to Energizm Inc’s customer service team through the designated channels. Energizm Inc commits to responding to all complaints within 10 business days.
Independent Arbitration: If a dispute cannot be resolved internally, Energizm Inc offers an independent arbitration process as a neutral and binding means of resolution. The arbitration process will be conducted in accordance with the rules of a recognized arbitration body, such as the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC), depending on the jurisdiction.
1.2.2. No Waiver of Legal Rights
Participation in the dispute resolution process does not waive any legal rights the Participant may have under applicable law.
1.3 No Misrepresentation
1.3.1. Truthful Advertising and Promotional Materials
Energizm Inc will ensure that all advertising and promotional materials are truthful, not misleading, and provide accurate representations of the products, services, promotions, and rewards offered. Energizm Inc commits to:
Accuracy: Presenting all details, benefits, and limitations of offers clearly.
Transparency: Disclosing any material terms or conditions that may affect a Participant’s decision to participate in a promotion, competition, or reward system.
1.3.2. Corrections and Clarifications
In the event that any advertising or promotional material is found to be misleading or inaccurate, Energizm Inc will promptly correct the material and issue a public clarification.
2.1 United States (Federal Trade Commission - FTC)
2.1.1. Compliance with FTC Guidelines
Energizm Inc ensures that all promotional campaigns, competitions, and reward systems comply with the guidelines set forth by the Federal Trade Commission (FTC). This includes:
Advertising: Ensuring that all advertising is truthful, substantiated, and not misleading in any way.
Disclosures: Providing clear and conspicuous disclosures where required by FTC guidelines, especially in digital advertising, influencer marketing, and endorsements.
2.1.2. Enforcement and Penalties
Energizm Inc acknowledges the authority of the FTC to enforce consumer protection laws and agrees to cooperate fully with any investigations or enforcement actions initiated by the FTC.
2.2 European Union (Unfair Commercial Practices Directive - UCPD)
2.2.1. Alignment with UCPD Standards
Energizm Inc aligns all consumer interactions, promotional activities, and advertising with the Unfair Commercial Practices Directive (UCPD). This includes:
Prohibition of Misleading Practices: Avoiding any commercial practice that deceives or is likely to deceive the average consumer.
Prohibition of Aggressive Practices: Ensuring that no undue influence, coercion, or harassment is used in marketing or promotions.
Clear Information: Providing all necessary information that consumers need to make informed decisions.
2.2.2. Consumer Rights Enforcement
Energizm Inc recognizes and upholds the rights of EU consumers as protected under the UCPD and commits to addressing any violations promptly and effectively.
2.3 Australia (Australian Consumer Law - ACL)
2.3.1. Adherence to ACL Guidelines
Energizm Inc adheres to the Australian Consumer Law (ACL) guidelines, ensuring that all advertising, promotions, and consumer interactions are fair, transparent, and not misleading. Energizm Inc will:
Fair Dealing: Engage in fair trading practices, ensuring that all offers and promotions are genuine and not deceptive.
Consumer Guarantees: Respect the consumer guarantees under ACL, including the right to refunds, replacements, and repairs where applicable.
2.3.2. Consumer Remedies
Energizm Inc agrees to provide remedies in accordance with ACL, including rectifying any misleading representations or unfair practices.
3.1. Severability
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.
3.2. Amendments
Energizm Inc reserves the right to amend this Agreement at any time, with changes effective upon posting on the Energizm Inc website. Participants will be notified of any significant changes.
3.3. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction most relevant to the Participant’s country of residence, or as agreed upon in a separate agreement.
3.4. Acceptance
By participating in any Energizm Inc promotional campaign, competition, or reward system, the Participant agrees to be bound by the terms and conditions of this Agreement.
Energizm Inc is committed to respecting the intellectual property rights of all third parties. This commitment is integral to our operations and aligns with our values of fairness, integrity, and respect for creators and rights holders.
1.1. Third-Party Intellectual Property Rights:
Energizm Inc acknowledges and respects the intellectual property rights of all third parties, including but not limited to patents, copyrights, trademarks, and trade secrets.
Energizm Inc will not knowingly engage in activities that infringe on the intellectual property rights of others.
1.2. User Acknowledgment:
Users of the Energizm Inc platform acknowledge that they will not upload, share, or distribute content that infringes on the intellectual property rights of any third party.
Users agree to take full responsibility for the content they upload and warrant that they have the necessary rights or permissions to share such content on the Energizm Inc platform.
2.1. User Content Ownership:
Users retain full ownership of any content they create and upload to the Energizm Inc platform. This includes but is not limited to text, images, videos, and other digital content.
Users grant Energizm Inc a non-exclusive, worldwide, royalty-free, irrevocable license to use, display, distribute, reproduce, and modify their content within the Energizm Inc platform and related services.
2.2. License Scope:
This license allows Energizm Inc to use user-generated content for the purpose of operating, promoting, and improving the platform. This may include displaying content within the platform, using content in marketing materials, and distributing content through third-party partners.
Users can revoke this license by deleting their content from the platform. However, this revocation does not affect the rights of Energizm Inc to continue using content that was already distributed or used prior to deletion.
Energizm Inc is committed to maintaining a platform that respects intellectual property rights and provides a mechanism for rights holders to protect their content.
3.1. Notice of Alleged Infringement:
If a rights holder believes that their intellectual property has been infringed upon through the Energizm Inc platform, they may submit a written notice of alleged infringement to Energizm Inc’s designated copyright agent.
The notice must include the following information:
A description of the copyrighted work or other intellectual property that is claimed to be infringed.
A description of the material that is claimed to be infringing and sufficient information to locate the material on the platform.
The rights holder's contact information, including name, address, telephone number, and email address.
A statement by the rights holder that they have a good faith belief that the use of the material is not authorized by the intellectual property owner, their agent, or the law.
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the rights holder is authorized to act on behalf of the owner of the intellectual property.
A physical or electronic signature of the rights holder or their authorized representative.
3.2. Takedown Procedure:
Upon receipt of a valid notice of alleged infringement, Energizm Inc will promptly remove or disable access to the allegedly infringing material.
Energizm Inc will notify the user who uploaded the material of the takedown and provide them with a copy of the notice.
3.3. Counter-Notice by User:
If a user believes that the material removed is not infringing or that they have the right to use the material, they may submit a counter-notice to Energizm Inc’s designated copyright agent.
The counter-notice must include the following information:
A description of the material that was removed and where it appeared before it was removed.
A statement under penalty of perjury that the user has a good faith belief that the material was removed as a result of a mistake or misidentification.
The user's contact information, including name, address, telephone number, and email address.
A statement that the user consents to the jurisdiction of the federal court in their district or the district where Energizm Inc is located, and that they will accept service of process from the rights holder or their representative.
A physical or electronic signature of the user.
3.4. Restoration of Content:
If Energizm Inc receives a valid counter-notice, it will promptly notify the rights holder who submitted the original notice. If the rights holder does not file a legal action against the user within 10 business days, Energizm Inc will restore the removed material.
4.1. United States (DMCA Compliance):
Energizm Inc will implement a Digital Millennium Copyright Act (DMCA) notice-and-takedown procedure for handling copyright claims in the United States. This includes designating a copyright agent to receive notices and ensuring that all takedown procedures comply with the DMCA.
4.2. European Union (Copyright Directive and E-Commerce Directive Compliance):
Energizm Inc will ensure compliance with the European Union's Copyright Directive and E-Commerce Directive. This includes providing a safe harbor for hosting third-party content and ensuring that all notice-and-takedown procedures align with EU regulations.
4.3. China (Local IP Registration and Enforcement):
In China, Energizm Inc will register its intellectual property rights locally, as required by Chinese law. Energizm Inc will adhere to local enforcement procedures and ensure compliance with China’s specific IP regulations.
5.1. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of state of Delaware without regard to its conflict of law provisions.
5.2. Jurisdiction:
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Court of Chancery.
Our company is incorporated in Delaware, and all corporate governance and business disputes fall under the jurisdiction of the Delaware Court of Chancery, ensuring expert legal oversight and resolution.
6.1. Right to Amend:
Energizm Inc reserves the right to amend this Agreement at any time. Users will be notified of any material changes to the terms of this Agreement through the platform or via email.
Continued use of the platform following any changes to this Agreement constitutes acceptance of those changes.
Energizm Inc. User Content and Intellectual Property Agreement
1. User Content Ownership
1.1 Users retain full ownership of all content they create and upload to the Energizm Inc. platform, including but not limited to text, images, videos, and other digital content.
2. License Grant to Energizm Inc.
2.1 By uploading content to the Energizm Inc. platform, users grant Energizm Inc. a non-exclusive, worldwide, royalty-free, irrevocable license to use, display, distribute, reproduce, and modify their content for the following purposes:
2.1.1 Operating and maintaining the platform.
2.1.2 Promoting and marketing Energizm Inc. services and the platform.
2.1.3 Improving the platform through analytics, research, and development.
2.1.4 Sharing content with third-party partners to expand platform visibility.
2.2 Examples of use may include but are not limited to:
2.2.1 Displaying user-generated content within the platform interface for other users to view.
2.2.2 Featuring user content in marketing materials, such as promotional videos, social media posts, and advertisements.
2.2.3 Utilizing user content in case studies, white papers, or reports that demonstrate the effectiveness and reach of the platform.
3. Content Modification and Removal
3.1 Users have the right to modify or remove their content from the platform at any time. However, this removal does not affect Energizm Inc.'s right to continue using any content that has already been distributed or used in promotional materials prior to removal.
3.2 If a user removes content from the platform, Energizm Inc. will cease using that content in new marketing materials or platform updates but is not required to retract or delete content from existing publications or materials where the content has been used.
4. Transparency and User Awareness
4.1 Energizm Inc. commits to ensuring that all users are fully informed about the scope of the license granted to Energizm Inc. upon uploading content. The licensing terms will be:
4.1.1 Prominently displayed during the content upload process.
4.1.2 Clearly explained with examples of potential uses.
4.2 Users will be required to explicitly acknowledge and accept these terms before completing the upload of their content.
5. Indemnity and Liability
5.1 Users agree to indemnify and hold Energizm Inc. harmless from any claims, damages, or legal fees arising from the use of their content in accordance with the granted license, provided such use complies with the terms outlined in this agreement.
6. Governing Law and Dispute Resolution
6.1 This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
6.2 Any disputes arising from this agreement shall be resolved through binding arbitration, as outlined in the Energizm Inc. terms and conditions, with decisions enforceable in any court of competent jurisdiction.
7. Amendments
7.1 Energizm Inc. reserves the right to amend this agreement at any time. Users will be notified of any significant changes and will be required to accept the updated terms to continue using the platform.
This tailored agreement aims to protect Energizm Inc. by providing clear, explicit terms regarding the use of user-generated content while ensuring users are fully aware of the extent of the license they grant. It helps to mitigate potential legal risks by clearly outlining the rights and responsibilities of both parties.
This Regulatory Compliance Agreement (“Agreement”) is entered into by and between Energizm Inc, a global provider of bathroom reporting and management solutions (“Company”), and its employees, contractors, agents, and legal representatives (“Parties”). This Agreement outlines Energizm Inc’s commitment to regulatory compliance across all jurisdictions in which it operates and establishes the framework for ongoing audits, legal oversight, and employee training to ensure adherence to all applicable laws and regulations.
Applicable Laws: Refers to all local, state, federal, and international laws, regulations, rules, directives, and ordinances applicable to Energizm Inc’s operations in each jurisdiction where it conducts business.
Ongoing Audits: Refers to regular, systematic reviews of Energizm Inc’s business operations, policies, and practices to ensure compliance with Applicable Laws.
Legal Counsel: Refers to licensed attorneys and legal advisors retained by Energizm Inc in each major jurisdiction to provide legal advice and ensure compliance with Applicable Laws.
Employee Training: Refers to mandatory training programs provided by Energizm Inc to its employees, contractors, and agents, covering key areas of regulatory compliance, including but not limited to anti-corruption, anti-money laundering, and data protection.
Energizm Inc is committed to maintaining the highest standards of legal and regulatory compliance across all jurisdictions in which it operates. The Company shall:
Conduct Ongoing Audits to ensure that all aspects of its business operations are in full compliance with Applicable Laws, including but not limited to consumer protection, data privacy, advertising standards, anti-corruption, and anti-money laundering regulations.
Retain Legal Counsel in each major jurisdiction where Energizm Inc operates to stay informed of changes in Applicable Laws that could impact the Company’s operations. Legal Counsel shall be responsible for advising the Company on necessary adjustments to its policies and practices to maintain compliance.
Provide Employee Training to ensure that all employees, contractors, and agents are fully informed of their obligations under Applicable Laws. Training programs shall be conducted regularly and shall cover, at a minimum, the following areas:
Anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and equivalent laws in other jurisdictions.
Anti-money laundering laws and regulations.
Data protection laws, including the General Data Protection Regulation (GDPR) in the European Union, the Personal Information Protection Act (PIPA) in Japan, and other relevant local laws.
Consumer protection and advertising standards applicable in each jurisdiction where Energizm Inc operates.
In addition to the global framework outlined above, Energizm Inc shall comply with the following country-specific legal and regulatory requirements:
United States:
Energizm Inc shall ensure compliance with federal regulations, including but not limited to the Foreign Corrupt Practices Act (FCPA), the Patriot Act, and relevant state regulations governing data privacy, consumer protection, and advertising.
European Union:
Energizm Inc shall adhere to the General Data Protection Regulation (GDPR) and the E-Commerce Directive. The Company shall implement all necessary measures to protect the personal data of EU citizens and comply with EU-wide regulations on advertising and consumer protection.
Japan:
Energizm Inc shall comply with Japan’s Personal Information Protection Act (PIPA) and other relevant local laws. The Company shall ensure that personal data collected from Japanese citizens is handled in accordance with PIPA and that all business practices meet local consumer protection standards.
Internal Monitoring: Energizm Inc shall establish an internal monitoring system to regularly assess compliance with this Agreement and Applicable Laws. Any potential or actual violations of this Agreement shall be promptly reported to the Company’s legal department.
External Audits: The Company shall engage independent third-party auditors to conduct external audits of its compliance with this Agreement and Applicable Laws. The results of these audits shall be reported to the Company’s executive management and used to improve compliance measures.
Reporting Violations: Employees, contractors, and agents are encouraged to report any suspected violations of this Agreement or Applicable Laws through Energizm Inc’s established whistleblower program. Reports may be made anonymously, and all reports will be investigated promptly and thoroughly.
Employee Discipline: Any employee, contractor, or agent found to be in violation of this Agreement or Applicable Laws may be subject to disciplinary action, up to and including termination of employment or contract, in accordance with Energizm Inc’s internal policies and procedures.
Legal Action: Energizm Inc reserves the right to pursue legal action against any individual or entity that violates this Agreement or Applicable Laws, including seeking damages and injunctive relief as necessary to protect the Company’s interests.
Non-Retaliation: Energizm Inc prohibits retaliation against any employee, contractor, or agent who reports a violation of this Agreement or Applicable Laws in good faith. Any individual found to have engaged in retaliation will be subject to disciplinary action, up to and including termination of employment or contract.
Accuracy Verification System: Energizm Inc implements a robust verification system designed to assess the accuracy of all user-submitted reports. This system may include user ratings, automated checks, and manual reviews.
Proactive Monitoring: Energizm Inc reserves the right to monitor and review reports continuously to prevent and identify any false or malicious claims.
Zero Tolerance Policy: Energizm Inc maintains a zero-tolerance policy for users who submit false or malicious reports. Any user found to be engaging in such behavior may face the following penalties:
Energizm Inc. has implemented a tiered penalty system for users who submit false or misleading reports on the Tsekmo platform. This system is designed to be fair, transparent, and proportionate to the severity of the offense.
First Offense: Warning
Users who submit a false report for the first time will receive a formal warning. This warning will include details of the false report and guidance on how to submit accurate reports in the future.
Second Offense: Temporary Suspension
If a user submits a false report a second time, their account will be temporarily suspended. The duration of the suspension will be determined based on the nature of the false report. During the suspension, the user will be provided with educational resources on the importance of accurate reporting.
Third Offense: Permanent Ban
Users who submit a false report for a third time will face a permanent ban from the Tsekmo platform. All associated data will be subject to deletion in accordance with Energizm Inc.’s data retention policies. Users will be notified of the permanent ban and provided with the reasons for this action.
User and Entity Reporting: Energizm Inc provides a clear and accessible reporting mechanism for users and entities who believe they have been falsely accused or unfairly treated. This mechanism includes:
Submission of Complaint: Users or entities can submit a complaint through the Energizm Inc app or website, providing details and evidence to support their claim.
Review Process: All complaints are reviewed by Energizm Inc’s content moderation team within a specified timeframe.
Resolution: Energizm Inc commits to resolving disputes in a fair and timely manner, with options for appeal if the initial decision is contested.
Section 230 of the Communications Decency Act Compliance:
Third-Party Content Liability: Energizm Inc is protected under Section 230 of the Communications Decency Act, which shields the platform from liability for content created by third-party users.
Notice and Takedown Procedure: Energizm Inc implements a notice and takedown procedure in compliance with U.S. law, allowing for the removal of defamatory, false, or illegal content upon notification.
Content Moderation Transparency: Energizm Inc will provide transparency reports detailing the content moderation actions taken, including the number of false claims identified and penalties enforced.
Digital Services Act (DSA) Compliance:
Content Moderation Standards: Energizm Inc will comply with the Digital Services Act (DSA) by establishing clear standards for content moderation that respect the rights of users to challenge and appeal content decisions.
User Rights Protection: Energizm Inc ensures that users have the right to access, correct, or delete their reports if they are found to be false or misleading, in line with the GDPR and DSA requirements.
Independent Oversight: Energizm Inc will work with independent oversight bodies in the EU to ensure compliance with the DSA and to provide users with an avenue to escalate complaints.
Canadian Charter of Rights and Freedoms Compliance:
Freedom of Expression: Energizm Inc respects the principles of the Canadian Charter of Rights and Freedoms, particularly the protection of freedom of expression, while balancing the need to prevent harm from false claims.
Fair and Just Content Moderation: Energizm Inc’s content moderation practices are designed to be fair and just, ensuring that users are not unfairly penalized for exercising their right to free speech, provided such speech does not violate the platform's terms of service.
Dispute Resolution Process: Energizm Inc provides a clear dispute resolution process that adheres to Canadian law, allowing users to challenge and appeal content moderation decisions.
This False Claims Protection Policy is designed to ensure that all user-submitted reports on the Tsekmo platform are accurate and truthful. The policy aims to protect the integrity of the platform, maintain trust among users, and provide a fair and transparent process for handling false claims.
Energizm Inc. has implemented a tiered penalty system for users who submit false or misleading reports on the Tsekmo platform. This system is designed to be fair, transparent, and proportionate to the severity of the offense.
First Offense: Warning
Users who submit a false report for the first time will receive a formal warning. This warning will include details of the false report and guidance on how to submit accurate reports in the future.
Second Offense: Temporary Suspension
If a user submits a false report a second time, their account will be temporarily suspended. The duration of the suspension will be determined based on the nature of the false report. During the suspension, the user will be provided with educational resources on the importance of accurate reporting.
Third Offense: Permanent Ban
Users who submit a false report for a third time will face a permanent ban from the Tsekmo platform. All associated data will be subject to deletion in accordance with Energizm Inc.’s data retention policies. Users will be notified of the permanent ban and provided with the reasons for this action.
Energizm Inc. is committed to providing a fair and transparent process for users to contest penalties imposed for false reporting.
Submission of Appeal
Users who believe they have been unfairly penalized can submit an appeal through the Tsekmo platform within 14 days of receiving the penalty notice. The appeal must include a detailed explanation of why the user believes the report was accurate or why the penalty should be reconsidered.
Review Process
All appeals will be reviewed by the Energizm Inc. content moderation team within 10 business days. The team will assess the validity of the appeal, considering the evidence provided and the context of the original report.
Resolution
If the appeal is successful, the penalty will be revoked, and any temporary suspensions will be lifted. If the appeal is denied, the user will be informed of the reasons for the decision, and the penalty will remain in place. Users have the option to submit a final appeal if new evidence becomes available.
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This policy is subject to periodic review and updates to ensure it remains effective and fair. Energizm Inc. reserves the right to amend this policy at any time. Users will be notified of any significant changes and will be required to accept the revised terms to continue using the Tsekmo platform.
By using the Tsekmo platform, users acknowledge that they have read, understood, and agree to abide by this False Claims Protection Policy
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement, or your use of our website and services, shall be resolved exclusively in the courts located within the State of Delaware.
Recognizing the diverse jurisdictions in which our users reside, Energizm Inc. (DBA Tsekmo) acknowledges that certain jurisdictions have specific consumer protection laws that may provide additional rights or remedies. Accordingly:
European Union (EU): For users residing in the European Union, this Agreement shall comply with the General Data Protection Regulation (GDPR) and other applicable EU laws. Any disputes arising under this Agreement may also be brought in the courts of the user’s country of residence within the EU.
California, USA: For users residing in California, this Agreement shall comply with the California Consumer Privacy Act (CCPA) and other applicable California laws. Any disputes arising under this Agreement may be brought in the courts of the State of California.
Brazil: For users residing in Brazil, this Agreement shall comply with the General Data Protection Law (LGPD) and other applicable Brazilian laws. Any disputes arising under this Agreement may be brought in the courts of the user’s country of residence within Brazil.
Energizm Inc. reserves the right to enforce this Agreement in any jurisdiction where legal actions are brought, and users agree to submit to the jurisdiction of such courts. The company may, at its discretion, take legal action in the user’s country of residence or any other jurisdiction where it deems appropriate.
Energizm Inc. reserves the right to amend these jurisdictional provisions as required to ensure compliance with local laws and to protect the company’s interests. Users will be notified of any significant changes to these terms and may be required to accept the revised terms to continue using the services.
This Agreement may be amended or updated by Energizm Inc at any time to reflect changes in Applicable Laws or the Company’s business operations. All amendments and updates shall be communicated to employees, contractors, and agents promptly, and updated versions of this Agreement shall be made available to all Parties.
1. Right to Amend: Energizm Inc., DBA Tsekmo, reserves the right to amend these Terms and Conditions at any time to reflect changes in our services, legal requirements, or business practices.
2. Notification of Changes: For any significant changes to these Terms that may affect your rights or obligations, we will provide clear notice to users at least 30 days prior to the changes taking effect. This notice will be communicated through our website, app, or via email to ensure that all users are informed.
3. User Consent: If the changes involve substantial modifications to how we collect, use, or share personal data, or materially alter the contractual relationship between Tsekmo and the user, we will seek explicit user consent before the new terms take effect. Users who do not agree to the changes will have the option to discontinue use of our services before the amended terms become binding.
4. Continued Use as Acceptance: For non-significant changes, continued use of the Tsekmo platform after the amended Terms have been posted will constitute acceptance of those changes. If you disagree with the new terms, you should discontinue use of the platform before the changes take effect.
5. Dispute Resolution: In the event of a dispute regarding the interpretation or application of the amended terms, the matter will be resolved in accordance with the dispute resolution procedures outlined in these Terms.
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the relevant business activity takes place. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the relevant jurisdiction.
By accessing or using this website/app, you confirm that you have read, understood, and agree to be bound by the terms of this Regulatory Compliance Agreement.