VerbaLink Europe Open Platform Service Agreement

PLEASE READ THIS POLICY CAREFULLY

iFlytek Open Platform (hereinafter collectively referred to as "this product") is owned and operated by VerbaLink Europe Kft. (Registered Office: 1112 Budapest, Gulyás utca 24/1., E-mail address: info@verbalinkeu.com, Tax Number: 32337932-2-43, Company Registration Number: 01-09-418897, Registered by the Company Registry Court of Budapest-Metropolitan Court) (hereinafter referred to as "the Company" or "us"). This agreement sets out the terms of using this product which is entered into between us and the registered Consumers of this product (hereinafter referred to as "user" or "you").

Please make sure to read the contents of this agreement carefully before registering as a Consumer of this product. If you do not agree with any content of this agreement or cannot accurately understand the Company's explanation of the terms, please do not proceed further with the registration. If you register as a user of this product, it means that you have fully read, acknowledged and agreed to comply with the entire content of this agreement. At the same time, by registering, you undertake to comply with all applicable laws, regulations, rules and other government normative documents in the course of using this product. If there are any legal consequences caused by your violation of the applicable laws in connection with the use of this product, you will independently bear all corresponding legal responsibilities in your own name.

If you are under 18 years old, please be accompanied by a guardian to carefully read and fully understand this agreement and obtain the consent of your guardian before using this product and related services.

Our Company has the right to formulate and modify this agreement or the various rules from time to time as needed. Once the revised agreement and rules are announced, they will automatically take effect. Consumers who register after the modified rules have taken effect will be subject to the modified terms. Regarding the Consumers who registered before the modified rules has taken effect, if such a Consumer continues to use the services provided by this product after the new rules have taken effect, it means that the Consumer has fully read, recognized and agreed to abide by the new agreement or rules. If the Consumer refuses to accept the new agreement and rules, the Consumer has the right to terminate the continued use of the services provided by this product, but, in this case, the Consumer shall still bear any legal liability under the transactions that have been carried out by this product prior to such termination, and the content of the agreement or rules in effect when the Consumer conducted the transaction shall be followed.

Publication date: 2023.12.01
Effective date: 2023.12.01

1. Definitions and explanations

1.1 iFlytek open platform: the platform of voice technology, image technology, text recognition, face and human body recognition, natural language processing and other services provided by iFlytek (and/or its affiliates and subsidiaries) through the Internet.

1.2 Consumer: the "Consumer" in this agreement refers to the Consumer who chooses to accept all the terms of this agreement after reading it. The Consumer can choose between guest or registered modes. Guest mode allows the Consumer to access and browse some services of this product, while. registered mode allows the Customer to use the full services of this product.

1.3 Associated companies: any party that directly or indirectly controls, is controlled by, or is under common control with the Company. “Control” and “controlled” here respectively refer to the right to supervise the management policies of a party through voting rights or other means.

1.4 Platform rules: the various rules, specifications, announcements, instructions, interpretations, statements, guidelines, or other similar content that have been or will be published on the iFlytek open platform in the future. The details are subject to the actual display on the iFlytek open platform.

1.5 Account: the virtual symbol used to identify the user which is obtained by the user through the registration process of this product. The Consumer can set the corresponding password in the registered account. The Consumer is responsible for safekeeping and using the account and the password and is legally responsible for all actions taken under the user’s account.

1.6 Account information: all information in the Consumer's registration to this product, including, but not limited to, the name, avatar, cover, introduction, signature, authentication information and any other information used to identify the user account.

2. About the “Account”

2.1 Account registration

2.1.1 You may register an account with your email and log in through your email and verification code received. The account you created is the credential you use to log in and use this product as a registered user.

2.1.2 You understand and affirm that the account you set up must not violate national laws and regulations and the Company's applicable platform rules. Your account name, avatar, profile, other Account information and other personal information, if they contain professional information, must be consistent with your real personal professional information. Your registration information must not contain illegal or false information, and you are not allowed to open an account in another person's name (including, but not limited to, using another person's last name, first name, nickname, avatar, etc. in a manner that is confusing) without their permission. You are not allowed to register accounts maliciously (including, but not limited to, frequency registration, batch registration of accounts, etc.). You must comply with the relevant laws and regulations during account registration and use and you must not perform any actions that infringe on national interests or harm the legitimate rights and interests of other citizens. The Company has the right to review the registration information submitted by you for any behavior that is harmful to social morals.

2.1.3 You should ensure that you provide a valid email account when registering/logging into your account and use the verification code to complete account registration. If the email account you provide is incomplete or inaccurate, you may not be able to use this product or may be restricted during use.

2.1.4 You should ensure the authenticity of the information you provide when registering. Please use true, accurate, legal and up-to-date relevant information when registering and managing your account. If the materials you submit or the information you provide are inaccurate, untrue or illegal, or the Company has reason to suspect that they are inaccurate, untrue or illegal, the Company has the right to refuse to provide you with relevant services, you may not be able to use them or some functions of this product may be limited during use.

2.2 Account use

2.2.1 The ownership and related rights and interests of your registered account in this product belong to the Company. After completing the registration procedure, you only have the right to use the account. You should use, operate and manage the account of this product appropriately in accordance with its intended purpose. Your account is for your own use only. Without the written consent of the Company, it is prohibited to donate, borrow, lease, transfer, sell or otherwise allow others to use the account in any form. If the Company finds out or has reasonable grounds to believe that the account user is not you, the Company has the right to suspend or terminate the provision of services to the registered account after notifying you and further has the right to cancel the account without any legal liability.

2.2.2 You are responsible for maintaining the security and confidentiality of your personal account and bear full legal responsibility for the activities in which you engage in the name of your registered account, including, but not limited to, any data modification, speech publication, etc. you perform through this product. You should attach great importance to the privacy of your account; do not disclose your account details to others under any circumstances. If you find that someone else is using your account without permission or any other security breach occurs, you should notify the Company immediately.

2.2.3 If your account is cancelled, you can follow the Company's complaint channel to make a timely appeal and request its retrieval. You understand and acknowledge that the Company's account retrieval mechanism only requires that the information provided in the complaint form is consistent with the system record information. If the information you provide is untrue or incomplete, resulting in the inability to verify your identity or judge your needs and results in an untimely processing period, you will be solely responsible for any losses. At the same time, you understand that we need a reasonable period of time to respond and take measures. We are not responsible for any losses not caused by our team.

2.2.4 The Company emphasizes and reminds you to operate your account properly. When you are done using it, you should exit safely. If, due to improper storage, your account is stolen, the responsibility lies solely with you. If your account is used by a third party or any other problems occur, you are obliged to notify the Company in a timely manner (including, but not limited to, providing your identification information and relevant identification materials, relevant facts and your requirements, etc.).

2.2.5 In order to protect the interests of you and the Company, the Company has the right to review the relevant materials submitted by you (such as photo of ID card held by natural person, a copy of business license of the business entity), to decide whether to approve your application, to require you to provide statements/explanations, service qualifications, service scopes and other materials as appropriate. If you refuse to provide materials or submit materials or information that is false, inaccurate, incomplete or illegal, you may not be able to use this product or may be restricted during use. The Company's review does not represent that it is responsible for the authenticity, accuracy and legality of the materials and information you submit. You are solely responsible for the material and information that you provide.

2.2.6 In order to provide you better services, the Company has the right to grade and classify the users who use this product and has the right to set corresponding permissions and provide corresponding services according to the level.

2.3 Unless otherwise agreed in this agreement, you must not engage in the following by the information you use to register and by the use your account:

2.3.1Providing information or using the account in a manner that involves counterfeiting, copying or fabricating the names and logos of the governing party, government and military agencies, enterprises, institutions, and/or social organizations;

2.3.2Providing information or using the account in a manner that involves counterfeiting, copying or fabricating the names, logos, etc. of countries (regions) and international organizations;

2.3.3 Providing information or using the account in a manner that involves counterfeiting, copying or fabricating the names, logos, etc. of news websites, newspapers, radio and television organizations, news agencies and other news media, or use names, logos, etc. with news attributions such as "news" and "reports" without authorization;

2.3.4 Providing information or using the account in a manner that involves counterfeiting, copying or malicious association with geographical names, logos, etc. of important spaces, such as national administrative regions, institutional locations, landmark buildings, etc.;

2.3.5 Intentionally carrying QR codes, URLs, emails, contact information, etc., or using homonyms, homophones, or similar words, numbers, symbols, and letters, etc., for the purpose of harming public interests or seeking illegitimate interests;

2.3.6 Providing information or using the account in a manner that contains misrepresentations, exaggerated statements, etc. that may deceive or mislead the public;

2.3.7 Providing information or using the account in a manner that contains other content prohibited by laws, administrative regulations.

2.4 Cancellation

You may cancel a previously registered account at any time by sending an email to openplatform@danutecheu.com. After you cancel your account, you will be unable to access all the functions and contents of this product that require an account. You can unsubscribe from our newsletter any time. To unsubscribe, follow the instructions in the newsletter received. We will unsubscribe you from the newsletter in accordance with any such requests and the terms of this agreement.

3. Product service content

3.1 You can use this product through computers, mobile phones and other terminals in the form of webpages, clients, etc. The specifics shall be subject to those provided by the Company. At the same time, the Company will continue to enrich the terminals and forms for you to use the software. When using this product, you should choose the version of this product that matches your terminal, system, etc.; otherwise, you may not be able to use this product normally.

3.2 This product provides you with the following services which can be called free of charge via the API interface according to our platform regulations or you can pay for the use of the following services by concluding a separate cooperation agreement:

3.2.1 AI capabilities: speech recognition, speech synthesis, natural language processing, text recognition and other AI product services;

3.2.2 Solutions: smart customer service, smart media, smart business, smart city, etc.;

3.2.3 Consumers agree that the Company reserves the right to add new services, change, suspend or terminate the provision of the above services.

4. Terms of use

4.1 The Company authorizes you to use this product non-commercially, but if you want to use it commercially (including, but not limited to, selling, copying, distributing, pre-installing, bundling or using this product in other commercial activities), the Company's written authorization and permission must be obtained in advance.

4.2 You may consult the Company regarding the downloading, installation, use or uninstallation of this product and the Company will do its best to answer your question as soon as possible and always within any applicable statutory deadlines. If you have any comments about this product or suggestions on how to improve it, please use the "Feedback" function to post your comments or suggestions.

4.3 Consumers fully understand and agree that the information uploaded, shared, and disseminated by Consumers of this product does not represent the views of the Company and the Company does not assume any responsibility for this information. At the same time, Consumers should make their own judgments on the content provided by other Consumers of this product and bear all risks arising from the use of such content, including risks arising from reliance on the correctness, completeness or legality of such content. The Company, to the extent permitted by law, does not assume any legal responsibility for this.

4.4 You are not allowed to modify, copy and/or propagate materials related to this product. If you copy, modify and/or disseminate these materials, thereby causing damage to others or to the image of the Company, you will bear the corresponding legal liability. You are not allowed to delete, obscure or change the Company's copyright notice, trademark or other rights’ notice.

4.5 By publicly publishing, disseminating and sharing pictures, text, audio and other information during the use of this product, you grant the Company the right to permanently, irrevocably and free of charge, without geographical limitations:
(i) use, publish, copy, modify, adapt, publish, translate, create derivative works based on, disseminate, perform and display such information;
(ii) incorporate all or part of such information into other works in any form, media or technology;
(iii) commercially exploit the information uploaded and published by the Consumer;
(iv) make available such information for downloading, on-demand, data transmission and related publicity and promotion services to users' computer terminals and mobile communication terminals (including, but not limited to, portable communication devices such as mobile phones and smart tablets) through wired or wireless networks.

4.6 Consumers who upload, publish or disseminate symbols, texts, pictures, etc. on this product must ensure that their content does not violate applicable laws and regulations nor infringe upon the legitimate rights and interests of any third party. Consumers are prohibited from providing relevant products and services to minor Consumers in any form that induce their addiction, and it is prohibited to produce, copy, publish or disseminate information that contains content that is harmful to the physical and mental health of minors. All adverse consequences for any breach of the above obligations shall be borne by the Consumer. If the Company suffers losses as a result of any breach of the above obligations, the Consumer shall also be liable for compensation to the Company. If the relevant right holders assert claims against the Company due to a Consumers' violation of this clause, the Company has the right to directly delete, take offline and/or block the relevant disputed content while simultaneously notifying the Consumer, and disposal measures, such as warning reminders, deadline corrections, limiting account functions, suspending platform use, closing accounts and/or prohibiting re-registration may also be taken against such Consumers.

4.7 Consumers should ensure that they will not use this product to infringe upon the legitimate rights and interests of the Company and others, and are prohibited from disrupting the normal operation of the product platform through network vulnerabilities, malware or other illegal means. In case of a violation by a Consumer of this clause, the Company has the right to take warning and reminder measures, require corrections within a time limit, limit account functions, suspend use, close accounts, prohibit re-registration, etc. If the behavior of the Consumer constitutes a crime, the Company has the right to initiate proceedings in the competent bodies for handling.

4.8 Consumers are prohibited from engaging in the following behaviors:

4.8.1 Using any plug-ins, inserts, systems or third-party tools which are not authorized or permitted by the Company and can interfere, destroy, modify or otherwise affect the normal operation of this product;

4.8.2 Using or targeting this product to conduct any behavior that endangers computer network security, including, but not limited to:

1)Illegal intrusions into other people's networks, interfering with the normal functions of other people's networks, stealing network data and other activities that endanger network security;

2)Providing programs and tools specifically used to intrude into the network, interfere with the normal functions and protective measures of the network, steal network data and other activities that endanger network security;

3)Having knowledge that others are engaged in activities that endanger network security and providing them with technical support, advertising promotion, payments and settlements and/or other assistance;

4)Using unauthorized data or accessing unauthorized servers/accounts;

5)Entering public computer networks or other people's computer systems without permission and deleting, modifying, or adding stored information;

6)Attempting to probe, scan and/or test the weaknesses of the service system or network without permission or conducting other actions that undermine network security;

7)Attempting to interfere with or disrupt the normal operation of this service system or website, intentionally spreading malicious programs or viruses and/or other behaviors that disrupt and interfere with normal network information services;

8)Forging TCP/IP packet names or parts of such names.

4.8.3 Reverse engineering, reverse assembling, compiling or otherwise attempting to discover the source code of this Product.

4.8.4 Malicious registration of accounts for this product, including, but not limited to, frequent and/or batch registration of accounts.

4.8.5 It is prohibited to produce, copy, upload, publish and/or distribute information content that:

1) Violates the applicable laws;

2)Endangers national security and/or leaks state secrets;

3)Damages national interests;

4)Promotes terrorism and extremism;

5)Promotes or incites discrimination and hatred;

6)Fabricates and spreads rumors and false information to disrupt economic and social order;

7)Spreads or disseminates violence, obscenity, pornography, gambling, murder, terror or instigates crimes;

8)Violates the legitimate rights and interests of minors or harms the physical and mental health of minors;

9)Secretly photographs or records others without their permission, infringing upon others' legitimate rights;

10)Endangers network security or uses the network to endanger national securityand interests;

11)Insults or defames others and infringes upon others' legitimate rights and interests;

12)Intimidates or threatens others with violence, or conducts human flesh searches;

13)Involves other people's privacy, personal information or data;

14)Content that violates the privacy, reputation, portrait rights, intellectual property rights, trade secrets, and other legal rights and interests of others;

15)Uses this product to promote or publish advertisements for yourself or a third party without the permission of the Company (including, but not limited to, adding third-party links, advertisements, etc.);

16)Provides excessive marketing information, harassing and/or spam information, vulgar information and spam advertisements;

17)Produces, copies, uploads, publishes, and/or disseminates content, messages, and comments in languages other than those commonly used in this product;

18)Content that has nothing to do with the content, messages, and comments produced, copied, uploaded, published, or disseminated

19)Content posted or distributed that is nonsensical, or the character combination is intentionally used to bypass technical reviews;

20)Produces, copies, publishes, and disseminates false news information;

21)Provides other information that violates laws, regulations, policies, public order and good customs, interferes with the normal operation of this product cooperation platform or infringes upon the legitimate rights and interests of other users or third parties.

4.9 Users must take secure and verifiable technical protection measures, such as data security, personal data protection, telecommunications network fraud protection and/or emergency responses when using this product to fulfill their information security obligations.

5. Statement of rights and confidentiality

5.1 The Company owns the intellectual property rights and other related rights of this product, which are protected by international copyright conventions and national intellectual property laws.

5.2 The Company grants you a revocable, limited, non-exclusive, non-transferable right to use the product for its intended purpose in accordance with the terms of this agreement.

5.3 Confidentiality

5.3.1 The Company will take special confidentiality measures and strive to protect your information from unauthorized access, use or disclosure through strict measures. Maintaining the security and normal use of this service is the joint responsibility of the Company and you. The Company will take appropriate security measures and technical means for this purpose.

5.3.2 You understand and agree that the Company will not be held legally responsible for any information leakage that is not caused by the Company and that could not have been reasonably foreseen and prevented by the Company, such as natural disasters, theft, robbery, hacker attacks, etc.

5.3.3 The company will no longer be bound by the confidentiality obligations under the following circumstances:

1)The information, audio, video and text manuscript you provided becomes public but not caused by the Company;

2)Disclosure is required by laws and regulations, administrative and judicial organs or other competent authorities;

3)You provided your authorization to use and disclose your confidential information in advance;

4)To detect, prevent or address fraud, security or technical issues, to the extent reasonably required in this scope;

5)To enforce applicable service agreements between you and the Company or to protect social and public interests, to the extent reasonably required in this scope;

6)For reasonable and necessary purposes, such as protecting the personal and property safety or other legal rights and interests of our customers, us or our affiliates, and/or other users or employees, to the extent reasonably required in this scope.

6. Advertising

6.1 You acknowledge and agree that while using this product, you might encounter promotional messages about other products, including, but not limited to, product promotions and other promotional messages.

6.2 The Company fulfills the relevant obligations towards the advertisers in accordance with the legal provisions and the relevant cooperation agreements. You must judge the veracity of the advertising information and are responsible for your own decisions. Except as expressly provided by law, you shall be solely responsible for any loss or damage you suffer due to transactions based on this advertising information or the content provided by the aforementioned advertisers.

7. Warranty disclaimer

7.1 Although this product (including the upgraded version) has undergone detailed testing by the Company, the Company cannot guarantee that it is fully compatible with all software and hardware. If there is any incompatibility, you can notify us of the situation so that we can provide technical support. If the problem cannot be solved, you can decide to stop using this product.

7.2 The Company makes no express or implied guarantees to the effect that:

7.2.1 the relevant network services provided by this product meet the user’s requirements;

7.2.2 the related services provided by this product under this agreement will not be affected by force majeure events, computer viruses, hacker attacks, system instability, user location, user shutdown, telecommunications department reasons and any other network, technology, communication lines and other external or human factors.

7.3 Third-party products and services

7.3.1 You acknowledge and agree that if you use products or services provided by third parties referenced by links and labels of this product, you must comply with this agreement in addition to the relevant third party's user agreement. Disputes arising from the use of products or services provided by third parties must be resolved with such third parties at your own risk.

8. Privacy protection

The relevant terms of privacy protection are subject to the contents of the "Privacy Policy" available here:(https://global.xfyun.com/doc/policy/privacy.html)

9. Breach handling

9.1 In response to your violation of this agreement, the Company has the right to make independent judgments and, depending on the circumstances, take warning and reminder measures, require corrections within a time limit, limit account functions, suspend use, close accounts, prohibit re-registration, etc. The Company has the right to announce the results of its judgement and decide whether to allow resumed use based on the actual situation. Relevant records will be kept for suspected violations of laws and regulations and/or suspected illegal crimes and will be reported to the relevant competent authorities in accordance with the law, and the Company will cooperate with the investigations of the relevant competent authorities.

9.2 If any third party complains or makes a claim due to your violation of this agreement or other terms of using this product, you shall bear all legal responsibilities. If your illegal acts or breach of contract results in the Company or its affiliates or controlling companies having to compensate any third party or being punished by state agencies, you shall also fully compensate the Company, its affiliates and controlling companies for all losses suffered thereby.

9.3 The company respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests of legal and natural persons. You guarantee that the text, pictures, links, etc. uploaded by you during the use of this product will not infringe on any third party's intellectual property rights, reputation rights, name rights, privacy rights and other rights and legitimate rights and interests. In case of violation of this clause, the Company has the right to remove the allegedly infringing content upon receipt of notification from the right holder or relevant third party. You shall bear all legal responsibilities for all claims made by third parties; if your infringement causes the Company, its affiliates, or its controlling companies to suffer losses (including economic, goodwill, etc. losses), in addition, you must fully indemnify the Company and its affiliates and controlling companies for any such losses suffered.

10. Service changes, interruptions and terminations

10.1 You acknowledge and accept that the products and related services provided by our Company are provided in the state available by current technology and conditions. The Company will do its best to provide you with services and ensure the continuity and security of the services. You acknowledge that the Company cannot at any time foresee or prevent technical and other risks, including, but not limited to, force majeure events, viruses, Trojans, hacker attacks, system instability, service interruptions, data loss and other losses, and you also acknowledge that risks may occur due to intrusions or errors in third-party services or various other security issues.

10.2 You acknowledge and accept that in order to meet the needs of the general operation of the service, the Company has the right to modify, interrupt, suspend or terminate the service of this product after notification without being responsible or liable to you for any compensation. In case of interruption, suspension or termination of this product for a period longer than [reasonable time frame to be inserted], any compensation you may have paid for the use of this product will be proportionately reimbursed.

10.3 The Company has the right to terminate this agreement and will notify you thirty (30) days in advance of such termination. In this case, if there are still paid and uncompleted orders in your account when the Company terminates this agreement, the Company will provide you with appropriate compensation up to the actual paid amount of the order.

11.Contact Us

11.1. This agreement is concluded in English and is not considered to be made in writing. Your individual agreement will not be filed or recorded on the open platform by Company and cannot be accessed by you. However, the then current version of the agreement is always accessible on the open platform.

11.2 The open platform does not support direct payment for orders; the platform and the paid services will be provided by signing an offline contract with you.

11.3. Should you have any comments or complaints regarding the operation of the Website, you can notify us at the following email address: service@danutecheu.com.

11.4. We will promptly examine the submitted complaint and we will provide a written answer no later than thirty (30) days after the receipt of the complaint. We will create a record of your complaints and our responses. We will store the record electronically for three (3) years.

11.5. If you qualify as a consumer under the applicable laws, you have the right to submit your complaint to the competent consumer protection authority according to your place of residence. The list of the competent consumer protection authorities in Hungary, as well as their contact details, can be found at http://www.kormanyhivatal.hu/hu/elerhetosegek.

11.6. If you qualify as a Consumer under the applicable laws, you may initiate a procedure in front of the competent arbitration board according to your place of residence or domicile or the competent arbitration board operated by the professional chamber according to the Website Provider's registered office. The contact details of the Pest County Arbitration Board are as follows:

registered office: 1055 Budapest, Balassi Bálint u. 25. IV/2.; telephone number: +36-1-792-7881; fax number: +36-1-792-7881; email address: pmbekelteto@pmkik.hu. Contact details of other Arbitration Boards: http://www.bekeltetes.hu/index.php?id=testuletek.

11.7. In the case of cross-border consumer disputes in connection with online sales contracts, consumers have the option to settle their disputes electronically through the online website available at the following link. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

12.Miscellaneous

12.1 Communications.
We are required to provide certain information to you in writing. Upon accepting this agreement, you consent to receiving electronic communications from us, which may include emails or notices posted on the Website, and you acknowledge such information as information received in writing.

12.2 Entire Agreement.
This agreement, along with any explicitly referenced documents, constitutes the complete understanding between us, superseding any prior discussions, correspondences, arrangements or understandings.

12.3 Law and Jurisdiction.
This agreement, including any disputes or claims arising from or related to it, its subject matter and/or its formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hungary. Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of Hungarian courts.

12.4 Survival, Waiver, and Severability.

(a) Those provisions of this agreement that should, by their nature, apply beyond termination, including, but not limited to, ownership, warranty disclaimers, limitations of liability and/or indemnification, shall survive termination.

(b) Our waiver of any term or condition outlined in this agreement shall not be construed as a further or ongoing waiver of said term or condition nor as a waiver of any other term or condition of this agreement. Failure by us to assert a right or provision under this agreement does not mean a waiver from such right or provision.

(c) If any provision of this agreement is deemed invalid, illegal, or unenforceable by a court or other competent tribunal, said provision shall be either eliminated or limited to the minimum extent necessary to preserve the validity and enforceability of the remaining provisions, allowing them to remain in full force and effect.