Service Terms & Conditions

Antelope is a file hosting, document management and workflow process service provided in “software as a service” mode by Antelope International Limited (“Antelope”), a Hong Kong company, with registered office at Flat F, 16/F, Seabright Plaza, 9-25 Shell Street, North Point, Hong Kong, registered in Company Register with Company Number 1751364.

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A. OBJECT AND ACCEPTANCE OF THE CONDITIONS

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These terms and conditions (the “Conditions”) govern the purchase and management by the user (hereinafter the “User” or “you”) of the licenses to use the Antelope service (the “Service”) through the website (the “Web Portal”), as well as the use of the Service.

 

Access to and usage of the Service may be performed through any of the following means (the “Means of Access”): (1) the desktop application for Microsoft Windows® operating systems (the “Desktop Application”), (2) the website  (the “Web Portal”), (3) the mobile Apps for iOS and Android operating systems (the “Mobile Apps”), (4) the Antelope API (the “API”), (5) the Microsoft Office plug-in applications; or (5) any other means established at any time by Antelope.

 

By accessing the Antelope Web Portal, by using the Service or, as applicable, by clicking on “Accept”, you declare that you have read and accepted these Conditions in full. If you do not agree with these Conditions or with any part or clause hereof, you must immediately refrain from accessing and using the Antelope Web Portal or the Service. Access to and usage of the Antelope Web Portal and the Service by the User is subject to the acceptance thereby, without any reservation, of these Conditions.

 

Unless otherwise provided in these Conditions, Antelope may amend them at any time, with a prior notice to the User at the registered email account, one (1) month in advance to the entry into force of the amendment. The date indicated at the beginning of the Conditions corresponds to the latest update of these Conditions. If you do not agree with the new Conditions, or any part or clause thereof, you may refrain from accessing and using the Antelope Web Portal and the Service. If you continue using the Antelope Web Portal and the Service once the new version of the Conditions has entered into force, it will be deemed that you have read and accepted them without any reservation.

 

These Conditions do not modify any specific agreement between the User and Antelope with regard to any other products or services that Antelope might offer. Said specific agreement will continue to apply to the supply of the corresponding products or services, and none of these Conditions will imply any modification thereto.

Regarding the collection and use of personal data, the Antelope Privacy Policy will apply.

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B. CAPACITY TO ACCEPT THE CONDITIONS

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The Service is intended for legal entities or natural persons aged over 18 years, acting in their capacity as companies or professionals. This Service is not intended for consumers, so the regulations in this area do not apply.

 

If you are a natural person, by accepting these Conditions, you declare that you are more than 18 years of age and that you are fully capable to assume and fulfil the terms of these Conditions. If you are under 18 years of age, please do not access or use the Service.

 

If you have registered and are using the Service on behalf of a company or entity, you declare that you are duly authorized and legitimated to (i) represent and act on behalf of the company or entity, (ii) accept these Conditions and manage the Account (as this term is defined below) on behalf of that company or entity, and (iii) abide the company or entity by these Conditions. In this case, for the purposes of these Conditions “you” or “the User” will be deemed to be the company or entity in question.

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C. USE OF THE SERVICE

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The User is authorized only to access and use the Service in accordance with these Conditions. You undertake to use the Service in good faith and not to use it negligently, for fraudulent purposes or in an unlawful manner. Likewise, you undertake not to perform any conduct or action that would or could harm the image, the interests and/or the rights of Antelope, other users or third parties.

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The User shall be responsible of ensuring prior to using the Service that its features fulfil the User’s needs and that has all settings, equipment and software required for such purpose, bearing the necessary costs for usage of the Service.

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The rights granted to the User under these Conditions are personal and shall not be assigned to third parties (including subsidiaries, affiliates, entities of the same group of companies or entities associated in any other way), totally or partially, by any mean, without the prior, express and written authorization from Antelope.

Notwithstanding the foregoing, the User will be authorized to provide access to the Service to other individuals as employees, clients, collaborators or third parties, as a value-added service in its commercial relationship with such clients, collaborators or third parties, free of charge or remunerated. In such cases the User is the sole responsible for the contractual relationship with such clients, collaborators or third parties, and the compliance by them of these Conditions. Antelope shall not have any kind of obligation or responsibility towards such clients, collaborators or third parties.

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By using the Service the User will store, edit, sign with advanced electronic signature (user stroke, password known only to him, validation code, or any combination of the three above; eSignature) and share files and metadata in the Repositories (as this term is defined below). The User is the sole and exclusive responsible of the aforementioned files and of its conduct, the content of the files or the communications using the Service. Under no circumstances will Antelope control, review, edit, guarantee or be responsible for the content that the User publishes, stores or shares through the Service.

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D. REGISTRATION

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In order to use the Service, the User must purchase a subscription service from Antelope or its authorized distributors (the “Subscription”). A license certificate will be distributed to the User with the login address (the “Login URL”) and a temporary access code. To such extent, the User shall provide the registration information required on the Antelope Web Portal at any moment. The User shall provide a valid email address at which the User will receive any notification related to the Service. Once provided the registration information by the User, Antelope will send the email automatically to the email account indicated by the User upon registration an email for the validation of the Account. The Account will be created following validation by the User.

 

The User acknowledges that the information provided upon registration is true, complete and up to date. The User shall be the sole responsibility for maintaining such information updated. The User shall not impersonate any other person upon registration.

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If the information provided by the User upon registration is, or Antelope has reasons to suspect that the information is, false, incomplete or not updated, Antelope may suspend or cancel the Account, the use of the Service and/or the Repositories (as this term is defined below) of the User.

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The User must safeguard its password, treat it as confidential and not disclose it to other persons. In addition, the User shall not publish, distribute or disclose the password. The User shall never allow other users or third parties to use its Account, nor use the account of other users. The User shall immediately inform Antelope of any violation or suspected violation of security, or unauthorized use of its Account.

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If Antelope has reasons to believe that the Account is being used by any unauthorized third party, Antelope may suspend the Account, the use of the Service and/or the Repositories of the User.

 

The User is the sole responsible of the use, configuration, management and administration of the Account and any other use of the Service through the Account or by Licensed Users (as these terms are defined below) attached to the Account or by other third parties who authorize the use of functionalities of the Service, as well as in their Repository (s), through any device or location, undertaking to indemnify and hold harmless Antelope of any damages, costs, losses, claims, lawsuits or actions that would or could be incurred by Antelope as a consequence of or in connection with usage of the Service by the User, Licensed Users, Collaborators, or by other third parties authorized by the User. In the same way, Antelope is not part of any of the documents managed through the Service, nor does it make any kind of declaration or guarantee regarding the transactions carried out through the Service. In this sense, the User is solely responsible for the transactions carried out with third parties through the Service and for ensuring that they comply with the formalities and conditions that the applicable regulations may establish at all times.

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E. FILE HOSTING, DOCUMENT MANAGEMENT AND WORKFLOW MANAGEMENT IN ANTELOPE

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Antelope includes a file hosting service, document management and workflow management provided in a “software as a service” mode.

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All files and data stored, edited and managed in a Repository will be hosted on servers controlled by Antelope.

Access to a Repository will require a broadband internet connection or higher.

 

To enjoy all the functionalities offered by the Service, such as by way of example and not limitation, perform advanced and configuration tasks, establish permissions or define workflows, the user must access the Repository through the Antelope Web Portal, Antelope mobile apps, Antelope Office Plug-in and Antelope Desktop Application.

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The User will identify each Repository with a name and will be able to customize the Access Means with the image and the colors that they deem appropriate through the Account. The different Means of Access will be personalized in a different way according to the technical limitations applicable in each case and established by Antelope. The User will be solely responsible for the brands, images, logos, etc. (the “User Content”) used to identify the Repository and personalize the Antelope Web Portal and, by uploading said User Content, you authorize Antelope to use it for the management of the Repository and for such personalization. The User will make sure to have the authorizations that, where appropriate, are pertinent to use brands or names of third parties. The User guarantees that he is the owner of the necessary rights to use the User Content in the terms established in this paragraph and will indemnify and hold Antelope harmless against any third party claim for the use of that User Content, assuming any damage (including legal costs) that may arise from that claim.

 

The User may delete a Repository through his Account, in which case it will go to the status of “Mark-Deleted”. The Mark-Deleted Repository can be either restored or purged in the system Recycle Bin. If the User does not make any actions in the Recycle Bin, the Mark-Deleted Repository will be kept for thirty (30) days. Once these thirty (30) days have passed, the Mark-Deleted Repository will be purged by system automatically.

 

Once the contents are purged, the Repository (including the files and metadata stored in it) will be permanently deleted, with no possibility of recovery. The deleted Repository, as well as the files and metadata stored in it, may be recovered by the User as long as the status of the Repository is modified before the expiration of the aforementioned thirty (30) day period.

 

In the event of having a License with a Trial Plan or “Free Trial”, once the trial period (30 days) has elapsed, the Repository will go to the “End of Trial” status for thirty (30) days, without the User being able to access the files stored therein. Once these thirty (30) days have passed in the “End of Trial” status, the Repository (including the files and metadata stored therein) will be permanently deleted without the possibility of recovery. The User may recover the Repository during the “End of Trial” period, if he acquires a License with a “Enterprise Edition” Plan.

 

F. SERVICE CONTRACTING

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In order to access and use the Service, the User must contract a license (the “License”). Each License gives the right to create a Repository. The User shall contract as many Licenses as Repositories it wishes to create. There are four types of License depending on the plan chosen by the User (the “Plan”), according to those indicated below:

 

– Free Trial Plan: This is a free or evaluation plan that allows the access and use of the Service by the User with limited functionalities as set by Antelope for a thirty (30) days period, or any other period set by Antelope at any time, from the date of registration of the Account. Only one Free Trial Plan License is provided per Account. After the end of such trial period, the User must change the Plan of his Licence to Business Plan or Enterprise Plan to continue enjoying the Service.

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– Business Edition Plan: This is a License under which the User will enjoy all the available features of the Service, including the Business Edition. 

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– Enterprise Edition Plan: It is a Plan in which the will enjoy all the available functionalities of the Service, including the Enterprise Edition.  

Antelope may create new functionalities and include them in the Business or the Enterprise Edition Features, as described at any time on the Antelope Website.

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When contracting a Plan, the User shall create a repository to store, edit and manage its files and data (the “Repository”) and shall establish the following parameters (the “Parameters”), which will in turn determine the price of the License:

 

1. Purchased space: This is the quantity of storage space measured in Gigabytes that a Repository will have, with its files, metadata and temporary files. The minimum available space is 5 GB per Licensed User. When the storage capacity of the Repository reaches eighty percent (80%) of the purchased space, an email notification will be sent to the User. When the storage space reaches one hundred percent (100%) of the purchased space, an email notification will be sent to the User and the uploading of new files into the Repository will be blocked until (i) the purchased space is increased, or (ii) space is freed up in the Repository by deleting stored files.

 

2. Licensed Users: This is the quantity of user accounts with access to a Repository and all functionalities in it, as for example but not limited to: sharing files, performing file document management, and “workflow” processes. The User may limit the functionalities to which the Licensed Users have access at any time through its Account without additional cost. Each Licensed User shall be identified to access to the Repository with an email account and a unique password. For these purposes, all active, blocked and deactivated user accounts shall count as Licensed Users, until such accounts have been deleted by the User.

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Antelope may suspend or eliminate the Account and its Repository/Repositories if it believes that you, or the Licensed Users attached to the Account, do not comply with the terms set forth in these Conditions.

 

The User may agree with Antelope the provision of the Service with additional benefits or conditions or in terms different from those provided in these Conditions by signing particular conditions (“Particular Conditions”). In this case the Particular Conditions will prevail over these Conditions in everything that contradicts these Conditions which will be of subsidiary application.

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G. PRICE OF THE SERVICE

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In order to use the Service subject of any “Business Edition” or “Enterprise Edition” License Plan, the User shall pay a monthly or yearly fee (as chosen by the User) calculated according to the Plan and the Parameters of the Repository purchased by the User (the “Fee”). The User may check the Fee applicable to different Parameters through our resellers.

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The Fee covers the use of the software subject of the Service, the hosting and the maintenance service, as well as additional functionalities, in accordance with the Plan and Parameters contracted in the terms provided in these Conditions.

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The Monthly Fees shall be paid in advance each month, except for the first Monthly Fee of any License, which shall be paid when the agreement is concluded and shall be proportional to the remaining days up until the end of the month in progress.The Annual Fees shall be paid in advance when the agreement is concluded and each year at annual expiry date.

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The User may modify the annual or monthly payment of the Fee, provided that it is made before the next renewal of the License, applying the new Fee, monthly or annual, as applicable, for the next period of the License.

If the User does not renew the License, he or she will enter into the Termination process as described in Section I.

 

H. RESTRICTIONS

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In connection with the use of the Service, the Antelope Web Portal or the Means of Access, you may not:

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• perform reverse engineering procedures, decompile, decode or hack the technology used by Antelope to provide the Service;

• impersonate any person or entity, or falsely state or misrepresent its affiliation or association with a person or entity;

• interfere, interrupt or violate the security of the Service, the Antelope Web Portal or the Means of Access, or the servers or networks used by Antelope to provide the Service or to operate the Antelope Website or the Means of Access;

• take any action that damages, make unavailable, overload (as determined by Antelope at its sole discretion) or deteriorate or hamper the normal usage of the Service, the Antelope Web Portal or the Means of Access, affect their security or impede or interfere with them;

• interfere or attempt to interfere in the proper operating of the Service, the Antelope Web Portal or the Means of Access;

• bypass any measure used by Antelope to prevent or restrict access to the Service (or to other accounts, computer systems or networks associated with the Service), the Antelope Web Portal or the Means of Access;

• access the Service through any program, application or tool other than those provided by Antelope (excluding those created in accordance with the conditions of the API), or intended for any purpose other than the normal use of the Service, such as malicious attempts to gain control of the Service or to deny the Service, performance tests or comparisons. This restriction applies to the Antelope Web Portal and the Means of Access, and also to any electronic activity whose destination is the Antelope infrastructures (its servers and public IP addresses), that would be contrary to normal operations in accordance with the terms set forth in these Conditions or would or could unjustifiably damage the interests of Antelope, without prior, express and written authorization of Antelope;

• decipher, decompile, disassemble, perform reverse engineering or attempt to decipher the source code or the ideas or algorithms of any part of the Service, except to the limited extent in which applicable laws specifically prohibit such restriction;

• copy, lease, rent, distribute, download, reproduce, transmit, broadcast, display, sell, license, exploit or otherwise transfer any content of the Service, the Antelope Web Portal or the Means of Access in any manner not intended by the normal operating of the Service, the Antelope Web Portal or the Means of Access, unless expressly authorized by these Conditions; or

• employ the Service to send unauthorized emails that could be classified as spam, virus, malware; or for any other action that violates the applicable regulations or that infringe third-party rights.

 

I. TERMINATION

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The User acknowledges that Antelope shall be entitled to terminate the Service, and therefore, to cancel the access and use thereof by the User (including access to the Antelope Web Portal or to the Means of Access and to the data stored in their Repositories, including by any Licensed User attached to the Account) if there is a breach, or Antelope suspects there is a breach of these Conditions, at any time, with or without prior notice, effective immediately.

 

The User may terminate the Service at any time by following the instructions provided to such extent on the Antelope Web Portal. For such purpose, the User shall cancel its Account, removing firstly all its Repositories. Thirty (30) days after the date of cancellation of the Account, all the User data associated therewith shall be removed from the servers of Antelope, except for that information that Antelope may be legally obliged to retain.

 

The termination of the Service shall imply the termination of the contractual relationship between Antelope and the User, and shall imply that you will not have access to your Repositories, the files stored therein, nor the Service. Consequently, any obligation of Antelope to safeguard and preserve for the User the data related to the electronic signature processes associated with the Repository shall cease.

 

In the event that you have more than one Repository, the removal of one of them shall imply that you will not have access to the removed Repository, nor the files stored therein, but the Service will not terminate, and you will be able to continue accessing the remaining Repositories that remain active. Notwithstanding the foregoing, Antelope will comply with those preservation obligations which may be legally applicable.

 

All provisions set out in these Conditions which by their nature should survive the termination of the contractual relationship between the User and Antelope will remain in force after termination of the contractual relationship, including, without limitation, intellectual property provisions, warranty disclaimers, indemnification and limitations of liability.

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J. INTELLECUTUAL PROPERTY RIGHTS

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All intellectual property rights over the Service, the Antelope Web Portal or the Means of Access, the design thereof and the source code, including, without limitation, logos, trademarks, distinctive signs, graphic design or software, belong to and are owned completely and exclusively by Antelope or its licensors, and are protected by international intellectual property regulations and treaties.

 

The User is authorized only to access and use the Service, the Antelope Web Portal or the Means of Access as provided by Antelope and permitted by these Conditions. Except when specifically authorized for this purpose, the User may not reproduce, transform, distribute, make any derivative work, make available, communicate to third parties, extract, reutilize and/or use the Service, tAntelope Web Portal or the Means of Access.

 

When the Service is contracted, Antelope grants the User a personal, limited, revocable, non-exclusive and non- transferable license to use the Service (including the software subject thereof), in accordance with the terms provided in these Conditions.

 

The User will be the owner of the files stored, edited or managed in its Repositories through the Service. Antelope shall not have any rights over such files, except the rights required to provide the Service. Consequently, the User grants Antelope, who accepts, a non-exclusive, free and worldwide license to access the files stored, edited or managed by the User for the provision of the Service, including, where necessary, the compliance with the applicable regulations, the application of these Conditions, the detection and prevention of fraud and technical or security problems, or the protection of Antelope, other users or third-party rights. The User guarantees that it holds all rights required over the files for its storage, editing and management through the Service and for the granting of the above license to Antelope, and shall indemnify and hold harmless Antelope against any third-party claim based on the use of such files, bearing any damages or losses (including legal costs) that might arise out of such claims.

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Antelope does not allow performing activities through the Service that would infringe intellectual property rights. Antelope will eliminate any files stored, edited or managed in a Repository if it is served due notice that such file infringes the intellectual property rights of third parties. In this case Antelope reserves the right to remove any file without prior notification.

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K. CONFIDENTIALITY

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The files stored in a Repository shall be strictly confidential and may therefore be used only to provide the Service, and will not be disclosed to third parties other than employees or subcontractors of Antelope or third parties indicated by the User.

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In general, the employees or subcontractors of Antelope will not have access to such files. The employees of Antelope may access the metadata of the files whenever there is a sufficiently justified need, but not the content of the files.

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Notwithstanding the foregoing, in those exceptional cases in which the applicable regulations would so require, a given number of Antelope employees may access the files stored in a Repository.

 

For provision of the Service there are certain automatic processes, including, but not limited to the replacement of labels and data fields, which access temporarily to the content of the files. These are automatic processes not supervised by human beings.

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L. MAINTENANCE

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Antelope may temporarily suspend access to and use of the Service to carry out maintenance tasks, such as, by way of example and not limitation, updating of infrastructures or software versions. In the performance of maintenance tasks that foresee a stoppage or suspension of the Service for a period exceeding one (1) hour, Antelope undertakes to pre-notify the User of the performance of said maintenance tasks with at least three (3) days in advance. In the event that the maintenance tasks foresee a stoppage or temporary suspension of the Service for a period equal to or less than one (1) hour, Antelope will notify the User as far in advance as possible, whenever possible.

 

In the event of an incident or problem in accessing or using the Service, the User may request support from Antelope through the Antelope Web Portal by using the “Support Tickets” system, used to send a message to the online support service of Antelope. Once the Support Ticket is sent, Antelope will reply the User as soon as possible, without any committed response time being given.

 

The support service is available in English, and only through the aforementioned system. The support requests presented through any other channel will not be responded. Only the User may use this functionality.

 

Antelope may provide updates to the Service and to the software on which it is based at any time, with or without prior notification to the User.

 

M. API

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The Antelope API (the “API”) will allow the User to develop applications that will be able to use the Service.

 

The use of the API by the User will be subject to acceptance and signature by the User of the conditions of use of the API, set out in a specific document that may be requested through a Support Ticket.

 

N. LIABILITY

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The User acknowledges and accepts that it uses the Service at all times at its own risk and venture, and that Antelope is therefore not responsible for any misuse or use of the Service in breach of or for any breach of these Conditions.

 

If you access the Service, you do so at your own risk and are responsible for the compliance with the laws of your jurisdiction.

 

If for the use and / or contracting of any functionality of the Service, the User should proceed to register, the User will be responsible for providing truthful and lawful information. If as a result of registration or for the use of any purpose of the Service, the User is provided with a password, he / she agrees to use it diligently and keep the password secret. password to access the Service. Consequently, the User is responsible for the adequate custody and confidentiality of any identifiers and / or passwords that are provided by Antelope, and undertakes not to assign their use to unauthorized third parties, whether temporary or permanent. The User will be responsible for the illicit use of the Service by any illegitimate third party who uses a password for this purpose due to careless use or loss of it by the User.

 

By virtue of the foregoing, it is the User’s obligation to immediately notify Antelope of any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with its immediate cancellation. As long as such events are not communicated, Antelope will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

 

THE SERVICE IS PROVIDED “AS IS” OR “AS AVAILABLE”, AT YOUR OWN RISK, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND.

 

ANTELOPE MAKES NO, AND HEREBY DISCLAIMS, ALL WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY, SATISFACTION, NON- INFRINGEMENT, LAWFULNESS, ABSENCE OF VIRUSES OR MALICIOUS CODES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY OF PERFORMANCE OR USE OF TRADE.

 

To the fullest extent permitted by the applicable regulations, Antelope does not warrant and disclaims any liability from the availability and continuity of the Service, the Antelope Web Portal or the Means of Access, their reliability, quality, correctness, security, integrity, lawfulness, fitness for a specific purpose or activity, or the loss of the files stored in a Repository. No information, whether verbal or written, obtained from Antelope or through the Service, the Antelope Web Portal or the Means of Access will create any guarantee not expressly set out in these Conditions.

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As a way of example and without limitation, Antelope shall not be liable for any damages that might result from:

• Use of devices incompatible with the Service, the Antelope Web Portal or the Means of Access.

• Interruptions, bugs, viruses, faults, Trojans horses or the like, technical problems, interferences, omissions, unavailability, power cuts, failures of the telecommunications networks or equipment of the User, Licensed Users or Collaborators which are not Antelope responsibility.

• Delays or blockages in usage of the Service, the Antelope Web Portal or the Means of Access due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.

• Third parties actions.

• Impossibility of accessing the Service, Antelope Web Portal or the Means of Access.

• Access or use without authorization of the servers of Antelope and/or any and all personal information and/or financial information stored thereon.

• Any other event beyond Antelope direct control.

 

ANTELOPE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSABILITY FOR ANY SERVICE OFFERED BY THIRD PARTIES WITH REGARD TO THE SERVICE, AND R2 SISTEMAS WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY SERVICES PROVIDERS.

 

Regarding the User files, Antelope acts exclusively as a provider of the storage service consisting in allowing the Users to store their files in a Repository through the Service. Liability for the storing of the user files or any other information, data, text, software, sound files, photographs, graphics, videos, news or other materials is subject exclusively to the liability of the User storing the files, except in the specific circumstances provided by the applicable law. Antelope will NOT be responsible for the files stored in a Repository or the content thereof under any circumstance.

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With regards to the advanced electronic signature of PDF files through user stroke (eSignature), Antelope acts exclusively as a service provider allowing said signature. Liability for the validity, effectiveness, correct use and efficacy of the digital certificate rests exclusively with the relevant certification service provider and the User and may depend, in each case, on applicable regulations. Antelope shall not be liable for the validity, effectiveness, correct use and efficacy of said signature and does not guarantee any digital certificate.

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O. LIMITATION OF LIABILITY

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USE OF THE SERVICE, THE ANTELOPE WEB PORTAL OR THE MEANS OF ACCESS IS PERFORMED SOLELY AND ENTIRELY AT THE RISK OF THE USER AND ANTELOPE, ITS EXECUTIVES, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER CONTRACTUAL OR NON-CONTRACTUAL, THROUGH TORT OR ON ANY OTHER LEGAL BASIS, SUFFERED BY THE USER BY USING THE SERVICE, THE ANTELOPE WEB PORTAL OR THE MEANS OF ACCESS, FOR ANY AMOUNT IN EXCESS OF TEN THOUSAND (10,000) HONG KONG DOLLARS OR THE AMOUNTS PAID BY YOU TO ANTELOPE FOR THE SERVICE DURING THE PREVIOUS TWELVE (12) MONTHS, WHICHEVER IS THE LOWER; WHETHER OR NOT ANTELOPE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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P. INDEMNITY

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You undertake to defend, indemnify and hold harmless Antelope, its executives, employees, agents, affiliates, parents and subsidiaries against any claim, damages, obligations, losses, liabilities, costs or debts and expenses (including attorneys fees) arising as a result of: (i) your access to and use of the Service, the Antelope Web Portal or the Means of Access; (ii) your violation of any term of these Conditions; (iii) your violation of any third-party right, including, without limitation, any copyright, intellectual property or privacy right; or (iv) any claim for damages caused to a third parties through the use of the Service, the Antelope Web Portal or of the Means of Access. This defense and indemnification obligation will survive these Conditions and your use of the Service, the Antelope Web Portal or the Means of Access. Antelope reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will be required to assist and cooperate with Antelope in asserting any available defense.

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Q. MISCELLANEOUS

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In the event that any provision of these Conditions is declared null and void by any competent court, all remaining provisions of these Conditions will remain fully valid. Any provision of these Conditions declared partially null and void will continue to have full effect in the part that has not been declared null and void.

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Antelope shall not be liable for any delay or breach of any obligation set forth in this contract provided that such delay or breach is the result of unforeseeable or foreseeable causes but inevitable, resulting from force majeure, including, without limitation, fire, accident, sequestration, governmental provision, blockade, etc.

These Conditions are available for the User prior to contracting any license or Service, and may be stored or reproduced on a lasting storage medium. You may print a copy of these Conditions for future consultation.

The Conditions are available in English. If the User wishes to acquire a License, he only needs to follow the indications posted at any time on the Antelope Web Portal.

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Antelope reserves the right to make modifications in the Service at any time, with or without prior notice, and without any obligation or indemnification against you for modification. Notwithstanding the foregoing, in case of a substantial modification of the Service, you will be notified in the manner set forth in Clause 1 for the modification of the Conditions, with the same terms applying for your acceptance.

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The User authorizes Antelope to utilize and reproduce its corporate logo on the Antelope Web Portal, throughout the term of this contractual relationship, for the sole purpose of promoting the Service and publicizing the use of the Service by the User. The User may revoke this authorization at any time during the term of these Conditions by sending a Support Ticket to Antelope.

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R. APPLICABLE LAW AND JURISDICTION

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These Conditions shall be governed and interpreted in accordance with the laws of Hong Kong, unless because of the status of the User and the regulations applicable on a mandatory basis, the application of any other regulations would be required.

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The User and Antelope agree to submit to the jurisdiction of Hong Kong, unless because of the status of the User and the regulations applicable on a mandatory basis, the application of any other jurisdiction would be required.

[1] Microsoft Windows is a registered trademark of Microsoft Corporation.