Terms of Use (TOU) for Saneyou
Welcome to Saneyou
By accessing or interacting with our servers, services, websites, or any associated content/postings, you are engaging with a service provided by Enovitec Inc., a division of Eden Novitas Holdings LLC, and you hereby agree to these Terms of Use (TOU), last updated on July 27, 2024. Saneyou is a private site, and by using it, you are entering into a binding contract with us under these terms.
Authority and Acceptance
If you are using Saneyou on behalf of a business, you confirm that you have the authority to bind that business to these TOU, and you acknowledge that both you and the business are bound by these TOU. If you do not agree with any part of these TOU, please discontinue use of Saneyou immediately.
Modifications to TOU
We reserve the right to modify these TOU at any time. It is your responsibility to review these TOU periodically. Your continued use of Saneyou after changes have been made constitutes acceptance of those changes.
Incorporated Policies
Our Privacy Policy, Prohibited List, and all other policies, site rules, and agreements mentioned on Saneyou or linked herein, are fully incorporated into these TOU, and you affirm your agreement to them.
License to Use Saneyou
Upon agreeing to these TOU and confirming that you are of legal age and capacity to enter into this agreement, or if you are using Saneyou on behalf of a business, we grant you a limited, revocable, non-exclusive, non-assignable license to use Saneyou in compliance with these TOU. Unauthorized use outside of these terms is strictly prohibited.
Content Rights
You agree not to display, “frame,” distribute, license, or sell content from Saneyou, except for content you have created yourself. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid, and sublicensable license to use, copy, perform, display, distribute, and create derivative works from content you post.
Usage Restrictions
You agree not to engage in the following activities:
- Using or providing software or services that interact with Saneyou without our written consent.
- Copying or collecting Saneyou content via automated methods or manual processes without authorization.
- Engaging in misleading, unsolicited, or unlawful postings/communications/accounts.
- Posting content that violates any of Saneyou’s policies or rules.
- Abusing Saneyou’s flagging or reporting processes.
- Collecting user information or interfering with the operation of Saneyou.
We reserve the right to moderate access to and use of Saneyou at our sole discretion, including but not limited to blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
Liquidated Damages
If you violate these TOU, or encourage, support, benefit from, or induce others to do so, you agree to pay us liquidated damages as outlined in the detailed schedule provided within these TOU. These damages are not a penalty, but rather a reasonable estimate of the harm caused by such violations.
Fees and Payments
For paid postings on Saneyou.com, you authorize us to charge your account through our payment processing partners. All fees are subject to the terms and conditions of the payment processor and are non-refundable. We reserve the right to refuse any posting at our discretion.
Disclaimer & Liability
Limitation of Liability: To the fullest extent permitted by applicable law, Enovitec, including its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Enovitec Entities”), provides the Saneyou platform on an “AS IS” and “AS AVAILABLE” basis. Enovitec Entities make no promises, warranties, or representations regarding the service, including but not limited to its completeness, accuracy, availability, timeliness, propriety, security, or reliability.
No Warranty: You expressly agree that the use of Saneyou is at your sole risk. Enovitec Entities disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Enovitec Entities do not warrant that Saneyou will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free.
Assumption of Risk: Any material downloaded or otherwise obtained through the use of Saneyou is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation on Damages: Enovitec Entities shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Enovitec Entities have been advised of the possibility of such damages), resulting from the use or the inability to use Saneyou.
Maximum Liability: In no event will Enovitec Entities’ total liability to you for all damages, losses, and causes of action exceed the amount of $100 or the amount you have paid Enovitec in the twelve (12) months prior to the claim, whichever is greater.
Jurisdictional Variations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Claims & Indemnity
Governing Law: Any claim, cause of action, demand, or dispute arising from or related to Saneyou (“Claims”) will be governed by the internal laws of the State of New York, USA, without regard to its conflict of law provisions, and by applicable federal laws of the United States of America.
Exclusive Jurisdiction: Any Claims will be exclusively resolved by courts located in Buffalo, New York, except that Enovitec may seek preliminary or injunctive relief in any jurisdiction as necessary.
Indemnification: You agree to indemnify and hold harmless Enovitec Entities from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Saneyou, your violation of the TOU, or your violation of any rights of another.
Personal Jurisdiction: You agree to submit to the personal jurisdiction of the courts located within Buffalo, New York for the purpose of litigating all such claims or disputes.
Miscellaneous
Entire Agreement: This TOU constitutes the entire agreement between you and Enovitec and governs your use of Saneyou, superseding any prior agreements between you and Enovitec.
Survival: The sections on Use, Liquidated Damages, and Claims & Indemnity, as well as any other limitations on liability explicitly set forth herein, shall survive any termination or expiration of this TOU.
Severability: If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Non-Waiver: The failure of Enovitec to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
Translation: The English version of this TOU shall prevail over any translations which may be provided for your convenience.
‘As Is’ Statement: Saneyou is provided “as is” and without any warranty or condition, express, implied, or statutory. Enovitec specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.