Terms of Service
These Terms of Service, together with any applicable order form, subscription terms, pricing terms, policies incorporated by reference, and the Governyxia™ Privacy Policy, constitute a legally binding agreement between Carnegie Creations LLC, a Florida limited liability company, and (a) the entity that purchases, registers for, or uses the Services as the customer, association, management company, rental manager, corporation, limited liability company, or other organization on whose behalf the Services are used ("Customer"), and (b) each individual Authorized User who accesses or uses the Services.
1. Acceptance of Terms
These Terms govern access to and use of the Governyxia™ software platform and related services operated by Carnegie Creations LLC, doing business as Governyxia™. By accessing, registering for, purchasing, or using the Services, the applicable Customer and each Authorized User agree to be bound by these Terms and our Privacy Policy.
If you access, register for, purchase, or use the Services on behalf of a homeowners association, condominium association, property management company, rental manager, corporation, limited liability company, or other entity, you represent and warrant that you are at least eighteen (18) years old and have full authority to bind that entity to these Terms. If you do not have such authority, you may access or use the Services only as an authorized individual user of that entity and not to register the entity, accept these Terms on its behalf, administer the Customer account except as authorized by the Customer, or otherwise purport to bind the entity. If you do not agree to these Terms, you must not access or use the Services.
We may update these Terms from time to time. If we make material changes, we will provide notice and require affirmative acceptance of the updated Terms from the Customer and, where applicable, affected Authorized Users, such as through an acceptance screen presented within the Services. We may suspend continued access to the Services, or to affected features, until such updated Terms are accepted.
For non-material changes, we may provide notice through a splash screen or similar notice presented within the Services at login, or by posting the updated Terms within the platform or on our website. Continued access to or use of the Services by the Customer or any Authorized User after such notice has been provided constitutes acceptance of those non-material updates by the party continuing to use the Services.
2. Description of Services
Governyxia™ provides software tools for homeowners associations, condominiums, property management companies, rental managers, and related users. The platform facilitates document storage, invoicing, payments, voting, applications processing, communications, and related administrative functions. The Services may also include account administration tools, reporting features, workflow tools, file storage, portals for owners, residents, board members, managers, vendors, or applicants, and related features that we may make available from time to time, including artificial intelligence assisted search, summarization, drafting, categorization, translation, workflow support, risk scoring, and similar assistive features.
The Services are offered as a hosted software platform. Access may be provided on a subscription basis, usage basis, module basis, community basis, unit basis, or under another commercial arrangement we make available.
We may add, remove, revise, replace, suspend, or discontinue features, functions, integrations, tools, or portions of the Services at any time. We may also impose limits on certain features or restrict access to parts or all of the Services without liability, provided that such changes do not override any express written commitments contained in an applicable paid order form.
The Services are intended as administrative and operational tools. They are not tailored to the legal requirements of any one customer, association, or management company absent a separate written agreement signed by Carnegie Creations LLC.
For purposes of these Terms, "Authorized User" means any individual whom the Customer permits to access or use the Services through the Customer's account or subscription, including employees, board members, managers, staff, volunteers, contractors, residents, owners, tenants, vendors, applicants, or other individual users. Unless these Terms expressly state otherwise, obligations relating to subscription procurement, payment, account administration, legal compliance for communities or properties, records retention, backups, and other organization-level administration apply to the Customer, while each Authorized User remains responsible for that individual's own account use, credentials, submitted content, and compliance with applicable acceptable-use restrictions.
3. Accounts and Security
The Customer is responsible for providing and maintaining accurate, current, and complete account, billing, administrator, and organizational information for the Customer account, and each Authorized User is responsible for providing and maintaining accurate, current, and complete information for that user's own account profile and access credentials. The Customer and each Authorized User, as applicable, agree to promptly update their information so that it remains accurate and complete.
Each Authorized User is responsible for safeguarding that user's own login credentials and for activity occurring through that user's account or credentials, whether authorized by that user or not, unless prohibited by applicable law. Each Authorized User must maintain the confidentiality of that user's usernames, passwords, and authentication methods and must promptly notify the Company and the Customer of any known or suspected unauthorized access to that user's account, misuse of credentials, or other security incident affecting that user's use of the Services. The Customer is responsible for account administration at the organization level, including administrator permissions, internal approval controls, user roles, and human review procedures for actions initiated, approved, or released through the Customer account.
The Company may suspend, restrict, or terminate any Authorized User account or any Customer account that violates these Terms, creates a security risk, presents legal exposure, involves fraud or suspected fraud, involves nonpayment, includes false or misleading registration information, or otherwise threatens the integrity, availability, or lawful operation of the Services.
The Customer is solely responsible for assigning, controlling, monitoring, and revoking access rights for its Authorized Users, including its users, staff, volunteers, board members, contractors, managers, and other permitted individual users. We are not responsible for actions taken by persons who access the Services using valid credentials assigned through the Customer account or an Authorized User account.
4. License and Restrictions
Subject to these Terms and your payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business, property management, community management, administrative, and association-related purposes.
You may not, and may not permit any third party to, reverse engineer, decompile, disassemble, copy, scrape, frame, mirror, distribute, publish, sell, lease, sublicense, timeshare, create derivative works from, or otherwise misuse the platform or any portion of it. You may not attempt to bypass security controls, probe or scan the Services for vulnerabilities, introduce malicious code, interfere with system integrity or performance, or access the Services in order to build a competing product or service.
Except for the limited rights expressly granted in these Terms, no license or other right is granted to you by implication, estoppel, or otherwise. The Services are licensed, not sold.
All rights, title, and interest in and to the Services, including all software, source code, object code, designs, user interfaces, workflows, know-how, inventions, documentation, trademarks, service marks, trade names, logos, reports templates, and all modifications, enhancements, updates, derivative works, and improvements thereto, remain exclusively owned by Carnegie Creations LLC and its licensors. Any suggestions, enhancement requests, recommendations, or other feedback you provide may be used by us without restriction or obligation to you.
5. User Content
As between the parties, the Customer retains ownership of content, data, records, documents, messages, uploads, submissions, and other materials submitted to the platform by or on behalf of the Customer or its Authorized Users, subject to any rights such Authorized Users may have in their own individual submissions under applicable law. By submitting content to the Services, the Customer and the submitting Authorized User each grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, format, back up, and display that content solely as necessary to provide, maintain, secure, support, and improve the Services and to enforce these Terms. For clarity, unless the Customer separately and expressly agrees in writing, the Company will not use Customer data to train generalized machine learning or artificial intelligence models.
The Customer represents and warrants that it has, and that it will ensure its Authorized Users have, all rights, permissions, and authority necessary to submit content to the platform and to grant the foregoing license. The Customer is solely responsible for the legality, accuracy, quality, integrity, and appropriateness of Customer data submitted through the Customer account, and each Authorized User is responsible for the legality, accuracy, and appropriateness of content that such Authorized User submits, inputs, posts, uploads, approves, or transmits through that user's use of the Services.
Neither the Customer nor any Authorized User may submit content that is unlawful, fraudulent, defamatory, obscene, harassing, infringing, misleading, malicious, or otherwise violative of applicable law or third-party rights. We reserve the right, but not the obligation, to remove, disable access to, or preserve content if we believe in good faith that doing so is appropriate to enforce these Terms, protect the Services, comply with law, respond to legal process, or prevent harm.
6. Payments and Fees
Certain features require payment under applicable subscription agreements. The Customer, and not individual Authorized Users unless expressly stated otherwise in a separate written agreement, is responsible for all fees and charges under applicable subscription terms, order forms, or checkout flows. Fees may be based on usage, units, community size, enabled modules, number of users, transaction volume, or other pricing variables identified in the applicable subscription terms, order form, or checkout flow. Payment-related features may involve third-party payment processors, banks, card networks, ACH operators, or other financial service providers, and use of those features may be subject to additional third-party terms and onboarding requirements. The Customer acknowledges that payment instructions, settlement timing, reversals, returns, rejects, holds, reserves, chargebacks, processing limits, fraud controls, and related funds-flow events may be determined by the Customer, the Customer's financial institutions, and applicable third-party service providers, not by the Company.
Unless otherwise stated in writing, fees are due in advance, non-refundable, and exclusive of taxes, assessments, duties, and similar governmental charges. The Customer is responsible for all applicable sales, use, excise, communications, transaction, or similar taxes, excluding taxes based on our net income. Unless expressly stated in a separate signed writing, the Company is not acting as a bank, money transmitter, payment processor, escrow agent, trustee, fiduciary, or custodian of funds, and the availability of payment workflows through the Services does not mean that the Company receives, holds, safeguards, segregates, controls, or disburses funds on the Customer's behalf. The Company does not independently verify account ownership, payee identity, payment instructions, availability of funds, or the legal sufficiency of any payment, transfer, reserve, refund, or disbursement decision made by the Customer, an Authorized User, or any third party.
If payment is not received when due, we may suspend or terminate access to some or all of the Services without liability. We may charge interest on overdue amounts at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate, and the Customer agrees to reimburse reasonable costs of collection, including attorneys' fees and costs where permitted by law.
We reserve the right to change pricing, billing methods, packaging, or service plans upon reasonable advance notice. Continued use of the Services by or on behalf of the Customer after the effective date of a price change constitutes acceptance of the revised pricing by the Customer.
7. Third-Party Services
The Services may integrate with third-party providers such as payment processors, banking tools, email and messaging vendors, telephony providers, identity verification vendors, background screening providers, digital signature services, cloud hosting providers, storage services, artificial intelligence providers, and similar third-party services or subprocessors. Use of such services is subject to their respective terms, conditions, privacy policies, and operational practices.
Without limiting the foregoing, the Governyxia™ platform may rely on third-party hosting, infrastructure, database, communication, and processing providers to make the Services available. You acknowledge that interruptions, delays, defects, outages, data loss, or security incidents affecting such third-party systems may affect the Services.
The Company does not control and is not responsible for third-party services, third-party websites, third-party terms, or the acts or omissions of third-party providers. We make no warranty regarding, and disclaim liability for, the availability, compatibility, performance, accuracy, legality, security, or continued availability of third-party services or integrations.
7A. AI-Assisted Features
Certain features of the Services may use artificial intelligence, machine learning, natural language processing, OCR, automation support, predictive models, risk scoring, or similar technologies to help organize information, detect patterns, generate drafts, summarize content, classify records, suggest actions, route workflows, or provide other administrative assistance. Any such features are assistive only. Unless expressly stated by the Company in a separate signed writing, artificial intelligence features do not act as your agent, do not make final decisions on your behalf, do not create binding instructions, and do not replace required human judgment, review, approval, or authorization.
You are solely responsible for reviewing, validating, approving, rejecting, modifying, and deciding whether to use any AI-generated or AI-assisted output before relying on it or causing any action to be taken. AI-assisted outputs may be presented through review queues, suggested actions, drafts, recommendations, flags, or similar workflow states, and you remain solely responsible for all final decisions, submissions, filings, notices, communications, transactions, and actions taken through the Services. No AI-assisted output will be deemed approved, authorized, sent, filed, posted, paid, released, or otherwise executed unless and until an appropriately authorized human user affirmatively confirms and causes that action through the applicable workflow.
Without limiting the foregoing, AI-assisted features may not be relied upon as autonomous authority to post or alter ledger entries, move or disburse funds, initiate, approve, or release payments, change bank instructions, certify elections, cast votes, determine official election results, establish quorum, validate proxies or ballots, create or maintain official records, publish meetings or meeting notices, send statutory or mass communications without explicit human confirmation, approve or deny applications, create binding legal notices without review, or execute other actions that could create legal, financial, governance, regulatory, or operational consequences without explicit human authorization. For the avoidance of doubt, any automation support made available through the Services is subject to customer-controlled configuration and required human confirmation and does not authorize autonomous execution by the Company or any AI-assisted feature.
AI-assisted outputs may be incomplete, inaccurate, outdated, biased, misclassified, misleading, non-compliant, or unsuitable for your particular circumstances, and may generate content that appears plausible but is incorrect. The Company does not warrant that any AI-assisted output is accurate, complete, lawful, fit for a particular purpose, or sufficient to satisfy any legal, accounting, election, notice, records, financial, compliance, or governance requirement.
Certain AI-assisted features may process prompts, inputs, documents, metadata, and related context in real time through third-party AI API providers or other subprocessors in order to generate outputs or support workflows. The Company may also use application-level learning, personalization, tuning, analytics, and workflow optimization techniques within the Services, but, unless you separately and expressly agree in writing, the Company will not use your Customer data to train generalized machine learning or artificial intelligence models. The Company may log and retain records relating to AI-assisted feature use for security, support, product improvement, compliance, and audit purposes. Such records may include prompts, inputs, outputs, timestamps, user identifiers, account identifiers, approval or rejection status, model or feature version, confidence indicators where available, and related workflow history. Audit logs are designed to be tamper-resistant and access-controlled, but they are not represented or warranted to be immutable or incapable of alteration, corruption, deletion, or loss.
Any vendor, invoice, document, compliance, operational, communication, or other risk score, flag, ranking, prediction, or anomaly indicator made available through the Services is informational only and is intended to help prioritize human review. Risk scores and similar indicators are not guarantees of fraud, misconduct, noncompliance, collectability, eligibility, quality, or outcome, and they do not create any duty on the part of the Company to investigate, escalate, block, or prevent any transaction or event.
AI-assisted features are not legal, tax, accounting, audit, financial, compliance, engineering, insurance, reserve, election, property management, or other professional advice, and no AI-assisted output should be used as a substitute for review by qualified professionals where appropriate. You are solely responsible for obtaining any professional review you consider necessary before acting on AI-assisted outputs.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
The Company does not guarantee uninterrupted, error-free, secure, or virus-free operation of the Services, or that defects will be corrected. The Company does not guarantee that the Services will meet your requirements, that all features will remain available, that reports or outputs, including AI-assisted outputs, risk scores, audit logs, exports, backups, or payment-related workflows, will be accurate or sufficient for your specific purposes, or that user-generated content will comply with law, governing documents, or regulatory obligations. Without limiting the foregoing, the Company does not guarantee that any audit trail, backup, export, voting workflow, notice workflow, or records function will satisfy any statutory, evidentiary, election, bookkeeping, retention, inspection, or official-record requirement applicable to you.
You understand and agree that internet delays, outages, cyberattacks, third-party failures, user error, data corruption, and unauthorized access are risks inherent in software services, and that the Services may be unavailable from time to time for maintenance, upgrades, emergency repairs, or causes beyond our control.
9. Limitation of Liability
To the maximum extent permitted by law, Carnegie Creations LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, loss of use, business interruption, loss of or corruption to data, cost of substitute services, or other intangible losses arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the aggregate liability of Carnegie Creations LLC and its owners, members, managers, officers, employees, contractors, agents, licensors, and affiliates arising out of or related to these Terms or the Services shall not exceed the fees paid by the Customer to the Company for the Services in the twelve (12) months preceding the event giving rise to the claim, or One Hundred U.S. Dollars ($100.00), whichever is greater.
The limitations in this Section apply regardless of the form of action, whether in contract, tort, negligence, strict liability, statute, equity, or otherwise, and are a fundamental basis of the bargain between the parties.
10. Indemnification
The Customer and each Authorized User, jointly and severally to the extent arising from their respective acts, omissions, content, or use of the Services, agree to indemnify, defend, and hold harmless the Company and its owners, members, managers, officers, employees, contractors, licensors, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, judgments, settlements, liabilities, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) misuse of the Services by the Customer or any Authorized User, (b) content, data, or submissions provided by or on behalf of the Customer or any Authorized User, (c) violation of these Terms by the Customer or any Authorized User, (d) violation of applicable law, regulation, governing documents, contract, or third-party rights by the Customer or any Authorized User, (e) the Customer's management or administration of any association, property, owner, resident, applicant, account, vote, or funds, or (f) any dispute between the Customer or any Authorized User, on the one hand, and any owner, resident, tenant, applicant, vendor, board member, manager, association, governmental authority, or other third party, on the other hand.
11. Governing Law
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of laws principles.
Any legal proceeding related to these Terms or the Services shall be brought exclusively in the state or federal courts located in the county in Florida where Carnegie Creations LLC maintains its principal place of business, and each party consents to the personal jurisdiction and venue of those courts.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
12. Modifications
Updates to these Terms are governed by the "Acceptance of Terms" section above, including applicable notice and acceptance requirements for the Customer and, where applicable, Authorized Users. The "Last Updated" date at the top of these Terms reflects the effective date of the most recent revisions.
13. Contact
For questions regarding these Terms, the Customer should contact Carnegie Creations LLC through the Customer's designated account administrator or other official channels listed on the Governyxia™ website. Authorized Users may contact the Company through such official channels regarding their own use of the Services, but the Company may require that account-level, billing, administrative, or legal requests be submitted or confirmed by the Customer or its designated administrator.
14. No Legal, Accounting, Regulatory, or Professional Advice
Governyxia™ is a software tool for administrative and operational use only. The Company is not a law firm, accounting firm, licensed community association manager, property manager, escrow agent, trustee, bank, money transmitter, payment processor, or financial advisor by virtue of providing the Services. Nothing in the Services, including templates, workflows, reminders, communications tools, reports, votes, ballots, proxies, applications, ledgers, notices, records functions, payment features, funds-flow workflows, audit logs, AI-assisted features, risk scores, recommendations, summaries, translations, drafts, classifications, or other outputs, constitutes legal, accounting, tax, election, financial, regulatory, or professional advice.
The Customer is solely responsible for determining whether the Customer's and its communities', properties', or associations' use of the Services complies with applicable governing documents and all applicable local, state, and federal laws and regulations, including, where applicable, Chapters 718 and 720 of the Florida Statutes and any rules, regulations, or agency guidance related to condominium associations, homeowners associations, board actions, elections, voting procedures, proxies, ballots, quorum, candidacy, tabulation, certification, notices, official records, records inspection, assessments, applications, and financial administration. Each Authorized User remains responsible for that user's own conduct in the Services and for complying with these Terms and applicable law in connection with that user's access to and use of the Services.
15. Customer Responsibilities and Compliance
The Customer is solely responsible for how the Services are configured and used for the Customer account, for the decisions made based on information in the Services, including any AI-assisted output, and for all actions taken through the Customer account by its Authorized Users. The Customer is also solely responsible for the administration of its communities, properties, associations, buildings, units, residents, owners, tenants, applicants, vendors, boards, committees, elections, voting processes, notices, approvals, denials, payments, funds-flow decisions, records, communications, and legal obligations. Each Authorized User is responsible for that user's own use of the Services, including actions taken through that user's credentials, and the Customer is responsible for ensuring that appropriately authorized human users review and affirmatively approve actions before those actions are taken where required by law, the Customer's governing documents, or the Customer's internal controls.
The Customer is responsible for ensuring that Customer data, records, notices, votes, communications, applications, data retention practices, backup practices, and use of payment and document features comply with the Customer's contracts, governing documents, association rules, board policies, privacy obligations, and all applicable laws. Unless expressly stated in a separate signed writing, the Customer remains solely responsible for determining its system of record for official books and records and for maintaining any records, archives, backup copies, disaster recovery copies, or other materials required for legal, accounting, operational, inspection, archival, or compliance purposes. Each Authorized User remains responsible for content submitted by that user and for that user's compliance with applicable use restrictions and procedures established by the Customer.
The Company does not review the Customer's operations for legal sufficiency and does not assume responsibility for missed deadlines, notice defects, improper elections, invalid approvals, vote tabulation issues, quorum determinations, candidate qualification decisions, accounting errors, delinquency procedures, records access issues, record retention failures, backup failures, statutory compliance failures, payment errors caused by third parties or Customer instructions, fraud losses, false positives or false negatives in risk scoring or fraud screening, misuse of the Services by the Customer's personnel or Authorized Users, or reliance by the Customer or any Authorized User on AI-assisted features, outputs, classifications, risk scores, recommendations, or drafts.
16. Data Ownership, Use, Export, and Deletion
As between the parties, the Customer retains ownership of Customer data submitted to the Services by or on behalf of the Customer or its Authorized Users. Subject to these Terms, we may use Customer data and system usage data to provide the Services, authenticate users, maintain security, perform support, create backups, troubleshoot issues, improve product functionality, operate, secure, monitor, and improve AI-assisted features, and disclose or make data available to hosting providers, infrastructure providers, AI providers, payment service providers, and other subprocessors as reasonably necessary to provide the Services, enforce these Terms, comply with law, and create aggregated and de-identified analytics that do not identify the Customer or individual persons.
The Customer is solely responsible for maintaining independent copies of any records, files, exports, reports, or documents that the Customer requires for legal, accounting, operational, archival, or compliance purposes. While the Services may provide storage, backup, and export functions, those functions are provided for convenience and operational support only and are not a substitute for the Customer's own record retention, archival, disaster recovery, or business continuity obligations and are not the Customer's sole or official system of record unless expressly stated in a separate signed writing.
Upon expiration or termination of the Customer's subscription, we may disable access to the Customer account and related data. Unless otherwise required by law or agreed in writing, the Customer may request export of its then-accessible Customer data for up to thirty (30) days after termination, provided all outstanding amounts have been paid. After that period, we may delete or anonymize Customer data in the ordinary course of business, including from active systems and, on a delayed basis, from backups and archival media, and we will have no liability for such deletion or for failure to maintain data beyond that period.
17. Confidentiality
Each party may receive non-public information from the other party that is identified as confidential or that reasonably should be understood to be confidential under the circumstances. The receiving party shall use the disclosing party's confidential information only as necessary to perform under these Terms and shall not disclose such information to any third party except to employees, contractors, professional advisors, or service providers who have a need to know and are bound by confidentiality obligations.
Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was already lawfully known by the receiving party without restriction, is independently developed without use of the disclosing party's confidential information, or is lawfully obtained from a third party without a duty of confidentiality.
Nothing in these Terms prohibits either party from disclosing information as required by law, subpoena, court order, or governmental request, provided that, where legally permitted, the receiving party gives reasonable notice to the disclosing party.
18. Suspension and Termination
These Terms remain in effect until the applicable Customer's or Authorized User's access to the Services expires or is terminated. We may suspend or terminate any Authorized User's access or any Customer account immediately, with or without notice, if: (a) the Customer or such Authorized User breaches these Terms, (b) the Customer fails to pay fees when due, (c) use of the Services creates a security risk or legal exposure, (d) the Customer or an Authorized User engages in fraud, abuse, or unlawful conduct, (e) we are required to do so by law or by a third-party provider on whom the Services depend, or (f) we discontinue the Services.
The Customer may stop using the Services, and any Authorized User may stop using that user's access to the Services, at any time, but termination does not relieve the Customer of any obligation to pay accrued fees or other amounts owed.
Sections that by their nature should survive termination shall survive, including Sections concerning intellectual property, payments owed, disclaimers, limitation of liability, indemnification, confidentiality, governing law, dispute limitations, and data deletion rights and obligations.
19. Force Majeure
The Company shall not be liable for any delay, interruption, defect, failure, or nonperformance caused in whole or in part by events beyond its reasonable control, including acts of God, hurricanes, floods, fires, power failures, labor disputes, internet or telecommunications failures, denial of service attacks, cyber incidents, failures of third-party infrastructure providers, governmental actions, war, terrorism, civil unrest, epidemic, pandemic, or other force majeure events.
20. Dispute Limitation Period and Class Action Waiver
To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms by the Customer, any Authorized User, or the Company must be filed within one (1) year after the claim first arose, or such claim is permanently barred.
To the maximum extent permitted by law, the Customer, each Authorized User, and the Company agree that each may bring claims against the others only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, representative, or collective proceeding.
21. Entire Agreement and Order of Precedence
These Terms, together with any applicable order form, subscription plan, pricing terms, policies incorporated by reference, and the Privacy Policy, constitute the entire agreement between you and Carnegie Creations LLC regarding the Services and supersede all prior or contemporaneous proposals, understandings, discussions, or communications on that subject matter.
If there is a conflict between these Terms and an executed order form or signed written subscription agreement, the signed order form or signed written subscription agreement will control solely to the extent of that conflict.
22. Miscellaneous
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The failure of the Company to enforce any provision of these Terms is not a waiver of that provision or any other provision. Neither the Customer nor any Authorized User may assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.
BY ACCESSING OR USING GOVERNYXIA™, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.
23. Contact
Questions about these Terms may be directed to Carnegie Creations LLC at:
Carnegie Creations LLC
15050 Elderberry Lane, Ste 6v-15, Fort Myer, FL 33907