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Terms of Usage

Last Updated: April 14, 2026

Welcome to www.mahatisystems.com(the “Website”). These Terms of Use (this “Agreement”) are entered into by and between you and Mahati Systems, Inc. (the “Company,” “Mahati,” “us,” “we,” or “our”). This Agreement governs your access to and use of the Website and any products, features, materials, forms, communication channels, scheduling interfaces, authentication environments, and other functionality or services made available by or through the Website (collectively, the “Services”).

Please review the following terms carefully. By accessing or using the Services, or by clicking “accept” or “agree” to this Agreement when prompted, you agree to be bound by this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to all terms and conditions of this Agreement, you may not use or access the Services and must leave the Website immediately.

We also encourage you to review Mahati’s Privacy Policy, which explains how we collect, use, process, and disclose information in connection with the Services. By accessing or using the Services, you acknowledge and agree to the practices described in that policy.

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.2, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. PLEASE REVIEW SECTION 13 CAREFULLY.

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services, you agree to be bound by this Agreement and all applicable laws and regulations. If you are accessing or using the Services on behalf of a company or other legal entity, you further represent and warrant that you have the full right, authority, and capacity to enter into this Agreement on behalf of that entity and to bind it to these terms.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be at least 18 years old, legally capable of entering into a binding agreement, and not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements and that your use of the Services complies with all applicable laws.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will use reasonable efforts to provide notice of material changes before such changes become effective. All changes will apply to your use of and access to the Services from the date they become effective and onward. Your continued use of or access to the Services following any changes constitutes your acknowledgment of such changes and agreement to be bound by the revised terms. You should check this page periodically so that you are aware of any changes, as they are binding on you.

2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features or functionality. The Company reserves the right to modify, withdraw, restrict, suspend, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Nature of the Services

The Services are primarily informational, communicative, and intake-driven. The Website may allow users to review information about the Company and its offerings, submit inquiries, provide business contact information, request consultations or discovery calls, provide feedback, and, where applicable, access secure authentication environments or related access points associated with the Company’s systems. The Website itself is not, by itself, a standalone software-as-a-service product and does not independently provide substantive consulting, implementation, automation, analytics, data processing, or other commercial services.

2.3 Separate Agreements for Substantive Services

Any substantive services, including access to proprietary systems, implementation work, analytics, automation, consulting, technical services, or any services associated with the Company’s products or offerings, are governed exclusively by separately executed written agreements between you and the Company, including, where applicable, a master services agreement, order form, statement of work, or similar contract (each, an “MSA”). Nothing in this Agreement obligates the Company to provide any such services, and submission of information through the Services, participation in a discovery call, or access to a secure environment does not, by itself, create a contractual services relationship unless and until a separate written agreement is executed by the parties.

2.4 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may maintain different account types for different users or functionalities. If you connect to any Services with a third-party service, you grant us permission to access and use your information from that service as permitted by its terms and to store your login credentials for that service where applicable. All information that you provide will be governed by our Privacy Policy, and you consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.5 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password, access credentials, and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you or, where applicable, to the entity on whose behalf you are authorized to act, and you agree not to provide any other person with access to the Services or any portion thereof using your username, password, or other security information. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the foregoing requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password as a result of your failure to maintain appropriate security.

2.6 Termination or Deletion of an Account

The Company shall have the right to suspend, restrict, or terminate your account at any time in its sole discretion for any or no reason, including if we determine that you have violated any term or condition of this Agreement.

3. Policy for Using the Services.

3.1 Permitted Use

You may use the Services for lawful business purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services, impair their operation, interfere with any other user’s use of the Services, or otherwise harm the business, operations, or interests of the Company.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with using the Services:

  • Violating any applicable laws, rules, regulations, or contractual obligations, including intellectual property laws and rights of privacy or publicity
  • Sending unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or other forms of solicitation through or in connection with the Services
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity in a way that misleads, confuses, or deceives others
  • Exploiting or harming minors in any way, including by exposing them to inappropriate content or obtaining personally identifiable information from them
  • Uploading, displaying, distributing, transmitting, or otherwise making available any material that infringes or misappropriates the intellectual property rights or other rights of any third party
  • Harassing, abusing, threatening, or interfering with anyone’s use or enjoyment of the Services, or exposing the Company or other users to liability or harm
  • Using any device, software, or routine that interferes with the proper functioning of the Services, or taking any action that disrupts, disables, impairs, or creates an undue burden on the infrastructure of the Services, including servers or networks connected to the Website
  • Copying, monitoring, distributing, or disclosing any part of the Services through automated or manual means, including using robots, spiders, crawlers, scrapers, or similar tools to extract data; provided that public search engines are granted a limited, revocable right to index materials solely for publicly available search results and not for caching or archiving
  • Uploading, transmitting, or distributing viruses, malware, or other harmful components, or attempting to attack the Services, including through denial-of-service or distributed denial-of-service attacks
  • Attempting to gain unauthorized access to the Services or related systems or networks, or otherwise compromising the security of the Services, including through circumvention of security measures or unauthorized data mining
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, object code, architecture, prompts, workflows, logic, models, or other underlying proprietary elements of the Services
  • Collecting, harvesting, or assembling data about other users or individuals without a lawful basis or appropriate consent, including emails, usernames, passwords, or other identifying information
  • Using the Services to develop, market, support, or benchmark any competing service, product, model, offering, or system
  • Otherwise interfering with the proper operation of the Services
  • Attempting, assisting, permitting, or encouraging any of the foregoing

3.3 Geographic Restrictions

The Company is based in the United States and operates the Services from the United States. Although persons from any geographic location may be able to access the Website and submit inquiries through the Services, the Company makes no representation that the Services or any content thereof are appropriate or available for use in any jurisdiction outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with all local laws.

4. User Content

4.1 User Content

The Services may allow you to submit, transmit, upload, provide, or otherwise make available information, data, text, documents, communications, calendar requests, feedback, or other materials through the Services, including through forms, discovery calls, scheduling workflows, or feedback channels (collectively, “User Content”).

4.2 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that you have all rights, power, and authority necessary to submit such User Content and to grant the rights set forth in this Agreement, and that your User Content does not and will not violate any applicable law or infringe, misappropriate, or otherwise violate any rights of any third party.

4.3 License to the Company

By submitting User Content, you grant to the Company a non-exclusive, worldwide, royalty-free right to host, store, process, use, and analyze such User Content for purposes including responding to inquiries, evaluating potential engagements, communicating with you, conducting internal business analysis, improving the Website, internal operations, and the Company’s services, including through analytics and internal system improvement. The Company does not claim ownership of your User Content.

4.4 Aggregated and De-Identified Data

To the extent permitted by applicable law, the Company may use aggregated, anonymized, de-identified, or otherwise transformed information derived from User Content or your use of the Website for analytics, benchmarking, internal reporting, product development, system improvement, and related business purposes.

5. Intellectual Property Rights

5.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, patents, and other proprietary rights, in the Services and their contents, features, functionality, software, designs, interfaces, systems, workflows, graphics, text, branding, logos, and other materials (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by United States and international intellectual property and proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

5.2 License to Use the Website

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Website solely for informational and business inquiry purposes.

5.3 Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: you shall not copy, reproduce, publish, display, perform, post, transmit, distribute, modify, create derivative works from, translate, adapt, reverse engineer, decompile, disassemble, sell, license, sublicense, rent, lease, loan, host, transfer, assign, or otherwise exploit the Content or the Services except as expressly permitted by this Agreement. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from any Content. You shall not access or use the Content or the Website to build, develop, train, or improve any competing website, service, product, system, or model, including any artificial intelligence or machine learning system.

6. Third-Party Services and Technology

6.1 Third-Party Services

The Website may rely on or incorporate third-party services, including cloud hosting providers, analytics tools, authentication services, communications tools, and artificial intelligence or machine learning providers.

6.2 No Control Over Third Parties

The Company does not control, and is not responsible for, the acts, omissions, availability, performance, security, or policies of any third-party provider. Any failure, interruption, delay, inaccuracy, or limitation arising from third-party systems may affect the Services, and the Company shall have no liability arising from or related to such third-party systems or services.

6.3 Artificial Intelligence and Automated Functionality

The Website may, now or in the future, include or integrate automated tools, chatbot functionality, or artificial intelligence systems, including systems that rely on third-party large language models. Any outputs generated by such systems may be probabilistic, incomplete, inaccurate, or outdated and are provided solely for general informational purposes. Such outputs are not intended to be relied upon as professional advice or as a substitute for independent judgment, legal analysis, regulatory compliance review, or business decision-making. You acknowledge that any use of such functionality is at your own risk, and the Company shall have no liability arising from or related to any reliance on such outputs.

6.4 Social Network Features

The Website may include links to or integrations with third-party social networking platforms, such as LinkedIn, X, Facebook, or other similar services (“Social Network Features”). Your interactions with any Social Network Features are governed by the terms, conditions, and policies of the applicable third-party platform. The Company does not control and is not responsible for the operation, availability, content, data practices, or policies of any such third-party platforms.

7. No Reliance; Informational Nature of Services

7.1 Informational Nature

The Services are provided for general informational, communication, and preliminary engagement purposes only. The Services do not constitute legal, financial, regulatory, insurance, compliance, technical, or other professional advice, and nothing made available through the Services shall be construed as creating any duty on the part of the Company to monitor, review, validate, or ensure your compliance with any law, regulation, industry requirement, or business process.

7.2 No Guarantees

The Company does not guarantee any business result, financial result, collection outcome, operational improvement, customer response, decision quality, or other outcome arising from or relating to your access to or use of the Services. Any actual services, deliverables, implementation, automation, or commercial obligations will be set forth, if at all, only in a separate written agreement executed by the Company.

8. Privacy

For information about how the Company collects, uses, processes, and discloses information in connection with the Services, please review our Privacy Policy. By using the Services, you consent to the collection, use, processing, and disclosure of your information as set forth in the Privacy Policy.

9. Termination

9.1 Termination

The Company may suspend or terminate your access to or right to use the Services at any time, for any reason or no reason, in its sole discretion and without prior notice, including if the Company determines that you have violated any term or condition of this Agreement. Upon termination of your access to or right to use the Services, your right to access and use the Services will immediately cease. The Company shall have no liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for suspension or termination of any account, restriction of access to any portion of the Services, or deletion of any User Content or other information associated with your use of the Services. If you have registered for an account or otherwise provided information to the Company through the Services, you may terminate this Agreement at any time by ceasing use of the Services and, where applicable, contacting the Company and requesting termination of your account.

9.2 Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, provisions relating to ownership and intellectual property, licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and all obligations that accrued prior to termination. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content or other information associated with your use of the Services from the Company’s active systems, subject to the Company’s internal retention practices, backups, legal obligations, and rights set forth in this Agreement and the Privacy Policy.

10. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE, THE SERVICES, OR ANY CONTENT, MATERIALS, COMMUNICATIONS, OUTPUTS, RESPONSES, OR FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, COMPLETE, CORRECT, CURRENT, OR SUITABLE FOR YOUR PARTICULAR NEEDS; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ANY ITEMS OR INFORMATION OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, MOBILE DEVICE, DATA, OR OTHER PROPERTY THAT MAY RESULT FROM YOUR USE OF THE SERVICES, YOUR SUBMISSION OF INFORMATION THROUGH THE WEBSITE, YOUR ACCESS TO ANY AUTHENTICATION ENVIRONMENT OR RELATED SYSTEM, OR YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE THROUGH THE SERVICES.

THE SERVICES MAY RELY ON OR INCORPORATE THIRD-PARTY TOOLS, ANALYTICS SERVICES, AUTHENTICATION SERVICES, CLOUD INFRASTRUCTURE, COMMUNICATION TOOLS, CHATBOT TECHNOLOGIES, AND ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR LARGE LANGUAGE MODEL TECHNOLOGIES, INCLUDING THIRD-PARTY MODEL PROVIDERS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.

TO THE EXTENT THE SERVICES NOW OR IN THE FUTURE INCLUDE ANY ARTIFICIAL INTELLIGENCE, AUTOMATED, MACHINE-LEARNING, OR MODEL-ASSISTED FUNCTIONALITY, YOU ACKNOWLEDGE THAT ANY SUCH FUNCTIONALITY MAY PRODUCE RESPONSES, SUMMARIES, SUGGESTIONS, CLASSIFICATIONS, OR OTHER OUTPUTS THAT ARE PROBABILISTIC, GENERATED, INCOMPLETE, INACCURATE, OUTDATED, BIASED, OR OTHERWISE UNSUITABLE FOR YOUR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY OR GUARANTEE WITH RESPECT TO ANY SUCH OUTPUTS, AND NOTHING MADE AVAILABLE THROUGH THE SERVICES CONSTITUTES LEGAL, FINANCIAL, REGULATORY, COMPLIANCE, OR PROFESSIONAL ADVICE OR A GUARANTEE OF ANY OUTCOME.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE, INFORMATION, DEMONSTRATION, COMMUNICATION, OR STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT EXECUTED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

11. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, ANY THIRD-PARTY TOOL OR PROVIDER, OR ANY CONTENT, COMMUNICATION, MATERIAL, OR FUNCTIONALITY MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, DIMINUTION IN VALUE, BUSINESS INTERRUPTION, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO YOUR RELIANCE ON ANY INFORMATION OR OUTPUT MADE AVAILABLE THROUGH THE SERVICES, ANY DECISION YOU MAKE BASED ON THE SERVICES, ANY THIRD-PARTY SERVICE FAILURE OR INTERRUPTION, ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION EXCEPT TO THE EXTENT CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT, OR ANY SERVICES, DELIVERABLES, IMPLEMENTATION, AUTOMATION, OR OTHER SUBSTANTIVE WORK THAT IS OR WOULD BE GOVERNED BY A SEPARATE WRITTEN AGREEMENT.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Parties”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement, your use or misuse of the Services, your User Content, any information or materials you submit through the Services, your violation of applicable law, or any actions taken by a third party using your account or credentials.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to assist and cooperate, at your expense, with the Company’s defense or settlement of such claims. You may not settle any matter subject to indemnification without the Company’s prior written consent if such settlement imposes any obligation, admission, or liability on any Indemnified Party.

13. Disputes

13.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement or the Services, whether sounding in contract, tort, statute, or otherwise, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any conflict of law principles.

13.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, available at https://www.adr.org/rules. This arbitration provision shall be governed by the Federal Arbitration Act. The arbitration shall be conducted before a single arbitrator in Middlesex County, New Jersey, and the decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceeding shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceeding, unless the arbitrator determines otherwise for good cause. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction, including in Middlesex County, New Jersey, without the requirement to post bond, for the purpose of protecting its intellectual property rights, confidential information, or other proprietary interests.

You and the Company agree that all arbitrations shall proceed on an individual basis only. You and the Company further agree that any claims subject to arbitration may be brought only in an individual capacity and not as a plaintiff or class member in any purported class action, class arbitration, joint, consolidated, or representative proceeding. Notwithstanding anything to the contrary in the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim, and only that claim, must be severed from arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

13.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

14. Miscellaneous

14.1 Entire Agreement

This Agreement, together with any documents expressly incorporated by reference, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof, except for any separate written agreement executed by the Company.

14.2 Waiver

No failure of the Company to exercise, and no delay by the Company in exercising, any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

14.3 Severability

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement, and the remaining provisions shall remain in full force and effect.

14.4 Headings

The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

14.5 Assignment

You may not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be null and void. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

14.6 Contact Information

If you have any questions regarding this Agreement or the Services, you may contact the Company at:

Mahati Systems, Inc.
10 Sayreville Blvd. South
Sayreville, New Jersey 08872
Email: info@mahatisystems.com
Phone: (732) 554-4645

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