General Terms of Use

Last Updated: April 27, 2019

These general terms of use for Veea’s products and services (“General Terms of Use”) form a binding agreement between a user (“you”) and Veea Inc. and our affiliates and subsidiaries (collectively “Veea”), and govern your use of our products and services, websites, software, hardware (including our), and all related software, blogs, forums, channels and sharing services (collectively such products and services, “Products”) and our website found at www.veea.com and related or associated subdomains (collectively, the “Site”).

By visiting our Site and/or purchasing a Product from us, agree to be bound by these Terms of Use. If you are using the Products on behalf of a business, that business is deemed to accept these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use any Products. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. We reserve the right, but are not obligated, to limit the sales of our products or Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

You also agree to any additional terms specific to Products you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.

End User License Agreement: These terms apply to use and download of our certain of our Products.

4G Wireless Wan Service: These terms apply to use of our Wireless Wan solutions using 4G Data Service.

vTPN Terms of Use : These terms apply to use of our vTPN Service.

1. Acceptance of Veea‘s Privacy Policy

By using the Products, you acknowledge that you have reviewed and consented to the use of the information you provide us in accordance with the terms of our Privacy Policy.

2. Registration

To use certain of our Products, a user may be required to create an account or register a Product. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on our Sites. You may be required to provide us with an acceptable username, password email address and a telephone number that is capable of sending and receiving SMS, MMS, text message messages (collectively, “User Information”). Message, roaming and data rates and limits may apply to text and/or multimedia messages through your wireless service provider. Any fees and charges will be charged or applied separately by your wireless service provider. Text messaging may not be available in all areas and not all mobile devices may be supported. Veea is not responsible for the successful delivery or any delays of text and/or multimedia messages. Please see “Communications from Veea” below, for information regarding receipt of text and multimedia messages.

You are responsible for maintaining the accuracy and completeness of your User Information. You will be responsible for all activities that occur under your account. You should keep your User Information confidential and notify us immediately regarding any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your User Information secure. It is a condition of your use of the Service that all the information you provide is correct, current and complete and that you will keep your User Information up-to-date including your residential address if requested. In the future, you may be asked to provide certain registration details or additional information. We reserve the right to terminate or disable any account, at any time in our sole discretion for any (or no reason), including if, in our opinion, you have failed to comply with any provision of these Terms of Use.

3. Veea Control Center

The Veea Control Center (or equivalent) is provided by Veea, through which you may, among other things, download and purchase Products. Products available through the Veea Control Center are only licensed, not sold, to you, when you download any of them by clicking “Install” or equivalent command. You may not install or use a copy any Veea services to a device you do not own or control. We may charge fees for the use of certain Products as described in the terms or use, separate agreements applicable to those Products or the Veea Control Center. Download of any software from the Veea Control Center is subject to our End User License Agreement.

4. Modification of These Terms of Use

Veea reserves the right at any time to change the terms, conditions, and notices under which the Products are offered, including but not limited to the charges associated with the use of the Products if any. We will notify you of the change and may require your acceptance of the new terms prior to being permitted to continue to use the Products.

5. Trademarks

Veeaand other Veea marks, logos and any other product or service name or slogan contained in the Site are trademarks of Veea and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Veea or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Veea Inc.,” or any other name, trademark or product or service name of Veea without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Veea and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6. Links to Third Party Services and Sites

The Site may contain links to other third-party services and websites (“Linked Sites”). The Linked Sites are not under the control of Veea and Veea is not responsible for the contents or operation (including privacy practices) of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Veea is not responsible for webcasting or any other form of transmission received from any Linked Site. Veea is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Veeaof the site, service, or any association with the operators of a Linked Site.

7. No Unlawful or Prohibited Use

As a condition of your use of the Products, you warrant to Veea that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Products in any manner that could damage, disable, overburden, or impair the Products or interfere with any other party’s use and enjoyment of the Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the Products. Any software and all underlying information and technology downloaded or viewed from a Site (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774) and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

8. Use of Communication Services

The Products may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto and have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Veea has no obligation to monitor the Communication Services. However, Veea reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Veea reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Veea reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Veea’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or others (particularly your children) in any Communication Service. Veea does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Veea specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Veea spokespersons, and their views do not necessarily reflect those of Veea.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

9. Materials Provided to Veea or Posted on any Service

Veea does not claim ownership of the materials you provide to Veea (including feedback and suggestions) or post, upload, input, or submit to any Service (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Veea, its affiliated companies and its sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. Veea shall have the right to use and exploit such submissions including, without limitation, the incorporation of such submissions into Veea’s Products and Services, without any obligation.

No compensation will be paid with respect to the use of your Submission. Veea is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Veea’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions and grant us all rights stated in these Terms of Use.

10. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SITE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN. VEEA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE PRODUCTS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VEEA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY PROMOTION AND DOES NOT ENDORSE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY PROMOTION.

VEEA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR AS PART OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VEEA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VEEA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES OR PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VEEA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR PRODUCTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS. THIS LIABILITY DISCLAIMER WILL SURVE THE TERMINATION OF THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS.

11. Indemnity; Reservation of Rights; Release

You agree to indemnify and hold the harmless Veea, its subsidiaries, affiliates, directors, officers, shareholders, employees, consultants, agents and suppliers from and against any and all claims, liabilities, demands, suits, actions, proceedings, expenses, damages (actual and consequential), costs, settlement amounts, losses and expenses (including legal and other professional fees) arising from or in any way related to: (i) any third party claims relating to your use of the Site or Products, (ii) any violation of these Terms of Use by you; or (iii) any other actions or omissions connected with your use or misuse of the Site or Products (including all actions or omissions taken under your account). Veea will not be liable even if we are unable to provide the Site or Service or part of the Site Products due directly or indirectly to failure of any equipment, software, mobile device or internet service or access. In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site or Products.

Veea reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers, affiliates, resellers, partners, or suppliers to Veea (collectively, “Member Business”). We would like to hear from you if you are ever dissatisfied with the actions of a Member Business.

To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Website and from any claims related to the conduct of any other users or any Member Business. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12. Use Restrictions

You agree that you will not directly or indirectly sell, modify, distribute, reverse engineer, reverse assemble, disassemble, or otherwise attempt to derive source code, the underlying ideas, algorithms, structure or organization of the Veea Products, or sublicense any content or software made available to you on the Site or Products or any portion thereof, or use such material other than through the Products as permitted under these Terms of Use.

13. Termination / Access Restriction

Veea reserves the right, at its convenience and in its sole discretion, to terminate the Products and related services at any time, your access to the Products or any portion thereof at any time, for whatever reason without notice. If we terminate your account, you may not re-enroll or join under a new account unless we expressly invite you. In the event your account is closed, we retain the right to continue to use your User Content as described in these Terms of Use. You understand that Veea retains the right, at all times, to install or modify software on the Products and to track the location of the Products.

If your account is closed, terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Products, or for deletion of your information or account data. In addition to any payment obligations under a separate agreement entered into by you with Veea or one or more of its affiliates, the following Sections of these Terms of Use will survive and remain in effect in accordance with their terms upon a termination of your account: Section 2 (Fees and Charges), Section 7 (Materials Provided toVeeaor Posted on anyService), Section 10 (Liability Disclaimer), Section 11 (Indemnity; Reservation of Rights;Release), Section 13 (Termination/Access Restriction), Section 17 (Notices and Procedure for Making Claims of Copyright Infringement), Section 18 (General).

14. Local Laws

We control and operate the Products from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Products are solely directed to individuals, companies or other entities located in the United States. If you use the Products from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.

15. Minors

Any use of or access to the Products by anyone under 18 is not permitted and violates our Terms of Use. By using or accessing our Site or using our Products, you represent and warrant that you are 18 years of age or older and fully able to enter into and abide by all of our Terms. We may terminate your access to the Products and delete any profiles, content or dates you may have created or posted if we believe, in our sole discretion, that you are less than 18 years old.

16. Government Use

If you are accessing the Products on behalf of the United States Government (“USG”), then the following provision applies:

All software associated with the Products constitute commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All such software and Products were developed exclusively at private expense. All other use is prohibited.

17. Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Veea’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

To be effective, the notification must be in writing and include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Veea to locate the material;

4. Your address, telephone number, and, if available, your e-mail address;

5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the written communication to our Designated Agent as set forth below:

Veea Inc.

164 E. 83^rd Street

New York, NY 10028

Attention: Office of General Counsel

E-Mail Address of Designated Agent: copyright@veea.com

18. General

To the maximum extent permitted by law, these Terms of Use and your use of the Products is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Products. Use of the Products are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Veea as a result of this agreement or use of the Products. Veea’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Veea’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by Veea with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

These Terms of Use, and any applicable additional Terms or Policies or other agreements covering your use of the Products, are a complete statement of the agreement covering the subject matter hereof between you and Veea regarding your use of the Site and the Products. In the event of a conflict between these Terms of Use and any terms of use, agreement or Policy specific to any Service, such specific terms of use, agreement or Policy shall govern.

If any provision of these Terms of Use or any additional Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Use do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

These Terms of Use shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The headings in these Terms of Use are for reference only and do not affect the interpretation of this Agreement.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreements provided for herein or therein to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be prepared in English.

19. Contacting Us:

If you have any questions or concerns about these Terms, you may contact us at:

Veea Inc.
164 East 83^rd Street
New York, New York 10028
Attention: Office of General Counsel

or by email at legal@veea.com