1

Effective Date: 6th March 2025

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About our terms

2.1

This document represents the Terms and Conditions (the "Terms") governing your use of our website https://zhylar.com and our sub domains https://app.zhylar.com/login (collectively the "Site") and any related products or services (the "Products"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please exit the Site immediately and refrain from using it further.

2.2

These Terms apply between the Site (we, us or our) and you, the person accessing or using the Site (you or your).

2.3

You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

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About us

3.1

We are Zhylar Technologies FZCO, a company registered in United Arab Emirates under trade license number 36110, our registered office is at Suite # 507, 5th Floor, Al Zahra Techno Centre Khalid bin Waleed Road, - Dubai, the owner of this Site.

3.2

If you have any questions about the Site or these Terms, please contact us by sending an email to enquiry@zhylar.com.

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Using the Site

4.1

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and/or Products.

4.2

We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details specified in clause 3.2.

4.3

As a condition of your use of the Site, you agree not to:

  1.  4.3.1   Misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful; or
  2.  4.3.2   Attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site; or
  3.  4.3.3   Engage in any illegal activities through our Site. You acknowledge and agree that you are solely responsible for any unlawful actions conducted through our Site.

4.4

We reserve the right to suspend or terminate your access to the Site if you do not comply with these Terms or any applicable law.

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Registration and Password Security

5.1

To use our Site and/or Products, you must register as a member. Your membership is not transferable or assignable and is void where prohibited. By using our Site and Products, you represent and warrant that you are 18 years old or older and agree to obey all the Terms. We have the sole right and discretion to decide whether to accept your membership or reject your membership with or without explanation.

5.2

You are responsible for making sure that your password and any other account details are kept secure and confidential. You shall be fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.

5.3

If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

5.4

You agree that we shall not be liable for any loss or damage arising from your failure to comply with password security as discussed in clause 5.2 and clause 5.3.

5.5

Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at privacy-policy.

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Sign up through our Channel Partner

6.1

If you sign up for an account through one of our Channel Partners (partners who have signed an agreement with us for the sales and distribution of our Products), the Channel Partner may assist in the creation and configuration of your account. However, Channel Partners are generally not permitted to act as administrators for your account unless explicitly authorized by you. You are responsible for ensuring that any agreement with the Channel Partner clearly defines their role, responsibilities, and restrictions regarding account setup and management. If the Channel Partner creates an administrator account for your use, it is your responsibility to review and modify any settings or permissions as needed to ensure the security and proper management of your account.

6.2

You are responsible for (i) maintaining the confidentiality of your account password, (ii) appointing competent individuals as administrators to manage your account, and (iii) ensuring that all activities conducted under your account comply with these Terms.

6.3

If you believe that administrative access has been incorrectly assigned to a Channel Partner, you must notify us in writing within three (3) days from the onboarding date at support@zhylar.com.

6.4

Failure to notify us within the specified three (3)-day period will result in you assuming full responsibility for any confidentiality, security, or access-related issues arising from the incorrect administrative assignment.

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Infringing Content

7.1

We will use reasonable efforts to delete accounts which are being used in an inappropriate manner or in breach of these Terms when we are notified of the same.

7.2

If you believe that any content which is distributed or published by the Site is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

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Your Privacy and Personal Information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at privacy-policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

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Ownership, Use and Intellectual Property Rights

9.1

The intellectual property rights in the Site and/or Products and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.

9.2

We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

9.3

Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

9.4

Trade Marks: Our name, logo, and all related names, logos, Product, designs, and slogans are trademarks belonging to us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

9.5

You shall be granted a limited, non-exclusive, non-transferable, revocable license to access and use our Products for your personal or internal business purposes. You shall not:

  1.  9.5.1   Modify, reverse engineer, decompile, or disassemble our Product;
  2.  9.5.2   Rent, lease, sublicense, distribute, or transfer our Product to any third party; or
  3.  9.5.3   Use our Product for any illegal or unauthorized purposes.

9.6

Using our Products in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.

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Beta Service

10.1

From time to time, we may, at our sole discretion, offer certain services as closed or open beta services (“Beta Service” or “Beta Services”) for testing purposes. These Beta Services are provided on a trial basis and are made available "as is" without any warranties, express or implied.

10.2

Participation in any Beta Service does not guarantee inclusion in any final or commercial release. We reserve the right to modify, suspend, or terminate Beta Services at any time without prior notice.

10.3

If we decide to transition a Beta Service into a paid feature, we will provide at least 30 days' prior notice. Continued use of the service after such notice will require payment.

10.4

You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

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Subscription Plans

11.1

Subscription Tiers: We offer multiple subscription tiers, add-ons, and toppings, each with different features and limits. We reserve the right to modify subscription tiers at any time for business optimization. As a result, certain features may be added, removed, or modified within a subscription tier.

11.2

Add-Ons & Toppings: Add-Ons and Toppings are available as described below:

  1. 11.2.1   Add-Ons: You may purchase additional features beyond your current subscription limits. For example, a Basic Tier permits storage of 10,000 records, while a Pro Tier permits 25,000 records. Instead of upgrading to a higher tier, users may add extra 10,000 records to their existing package at an additional cost, based on their selected billing cycle (monthly or yearly).
  2. 11.2.2  Toppings: You may purchase individual features not included in your current tier. For example, the Multicurrency Feature is available in the Pro Tier but not in the Basic Tier. Instead of upgrading, a Basic Tier user may activate the Multicurrency Feature as a topping for an additional fee.

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Billing Cycle

12.1

Subscription fees, Add-Ons, and Toppings may be charged on either a monthly or yearly basis, as per the selected plan. You are responsible for ensuring that payment details are up to date to avoid service interruptions.

12.2

All subscription payments (monthly or yearly) are non-refundable for the duration of the subscription term. You will not be entitled to a refund if you cancel your subscription before the end of the billing cycle.

12.3

If we terminate your subscription due to reasons such as business closure, withdrawal from a specific country/region, or internal errors, you will receive a pro-rata refund based on the unused portion of your subscription (remaining months/days).

12.4

You may upgrade to a higher subscription tier at any time, with prorated charges for the remainder of the billing cycle.

12.5

You may choose to downgrade at the end of your current billing cycle. No partial refunds will be provided for downgrades before the billing cycle ends.

12.6

If you have subscribed to the Products through an authorised Channel Partner, the billing cycle, fees, and any applicable refund or upgrade/downgrade policies shall be governed by the agreement between you and the Channel Partner. We will not be responsible for billing disputes, refund processing, or subscription modifications for subscriptions purchased via a Channel Partner.

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Payment Terms

13.1

We accept credit/debit cards, online payment gateways.

13.2

If any payment fails or is not completed within the due period, we reserve the right to suspend or restrict your access to the platform until payment is received.

13.3

You agree to pay all charges incurred by you for the selected Subscription Plan, including any applicable taxes. If your initial payment method is dishonoured, you remain responsible for the incurred charges, including any surcharges that we may incur due to the dishonoured payment.

13.4

Prior to the expiration of your Subscription Plan, we shall provide a renewal notice at least thirty (30) days in advance. Renewal of your Subscription Plan must be completed through the same channel from which the original subscription was purchased. If your subscription was purchased through a Channel Partner, renewal must be processed through that Channel Partner. If the subscription was purchased directly from us, you may renew the subscription by contacting our designated support or through any of our routed Channel Partners designated in that region.

13.5

If you fail to renew the Subscription Plan before its expiration, or if you default on payment, the Subscription Plan shall automatically be downgraded to the Free Plan. Under the Free Plan, you shall retain access to benefits available under such plan; however, any additional services, data, or features beyond the scope of the Free Plan shall be restricted or made inaccessible.

13.6

Where you have subscribed to our Products or services through our Channel Partner, all payment obligations shall be governed by the agreement between you and the Channel Partner. We will not be responsible for payment collection, invoicing, or billing disputes in such cases. Your access to the Products may be subject to our receipt of confirmation of payment from the Channel Partner.

13.7

If you have made payment through a Channel Partner and seek a refund, you must request such refund directly from the Channel Partner. We will not be responsible for processing or issuing refunds for payments made through Channel Partners.

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Service Availability

14.1

We strive to maintain a high level of service availability (“Uptime”) for our Products. Notwithstanding the foregoing, Uptime shall not include periods of unavailability due to:

  1.   14.1.1   Scheduled Maintenance – Pre-announced maintenance windows required for updates, upgrades, or enhancements.
  2.   14.1.2   Emergency Maintenance – Unscheduled maintenance required to address critical vulnerabilities or stability issues.
  3.   14.1.3   Force Majeure Events – Events beyond our reasonable control as further defined in clause 26.
  4.   14.1.4   Third-Party Service Failures – Failures of providers like cloud or internet services.
  5.   14.1.5   User-Caused Issues – Disruptions due to user error or misuse.

14.2

In the event of a service disruption, we will respond as follows:

Severity LevelIssue DescriptionResponse Time
Sev-1Critical: Complete site outageWithin 1 hour
Sev-2Highest: Login or critical functionality issuesWithin 2 hours

14.3

The response times above do not apply when downtime is due to:

  1.   14.3.1   Scheduled maintenance with prior notice.
  2.   14.3.2   External events such as network or provider failures.
  3.   14.3.3   User-side issues like misconfiguration or unauthorized changes.

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Hosting Location

15.1

The cloud facility serving your account is determined based on your region or country at the time of sign-up. This mapping depends on the available cloud facilities and your geographic location.

15.2

We reserve the right to migrate your account or request that you migrate your account to a different cloud facility if updates to the region/country mapping occur.

15.3

At the time of sign-up, you must not conceal or alter your internet protocol (IP) address, as this is used to identify your region or country.

15.4

If it is discovered that your actual region or country differs from the one recorded in our system, we may take appropriate measures, including but not limited to:

  1.   15.4.1   Migrating your account or requiring you to migrate to the cloud facility corresponding to your actual region or country; or
  2.   15.4.2   Terminating your account and discontinuing access to our Products.

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Data Retention

Upon deletion of your account, the retention, storage, and archival of your data shall be governed by our Privacy Policy privacy-policy.

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Inactive Accounts

17.1

Free plan accounts that remain inactive for a continuous period of 90 calendar days shall be deemed dormant.

17.2

You shall have an additional 90 calendar days from the date their account is marked as dormant to either download their data or reactivate their account by subscribing to a paid plan.

17.3

If an account remains inactive for a total of 180 calendar days, the associated data shall be deleted and, where applicable, archived in accordance with our Privacy Policy.

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User-Generated Content

18.1

You acknowledge and agree that you are solely responsible for any content you submit, publish, or make publicly available through the Site, including but not limited to content shared via web forms.

18.2

You agree not to use the Site to submit, upload, transmit, or distribute any content that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, pornographic, offensive to religious sentiments, promotes racism or discrimination, contains viruses or malicious code, or infringes upon the intellectual property or other rights of any third party.

18.3

You further agree not to use the Site for the transmission of unsolicited communications, including but not limited to "junk mail," "spam," "chain letters," "phishing," or mass email distributions.

18.4

We shall not be liable for any content that becomes accessible through search engines, third-party platforms, or any other external sources beyond its reasonable control. Additionally, we shall not be liable for any of your malicious acts, including but not limited to the distribution of harmful or malicious content or any actions that may cause damage or disruption to the Site, its users, or third parties.

18.5

We reserve the right to remove any content and terminate or restrict your access to the Site if there are reasonable grounds to believe that you have violated these provisions or engaged in any illegal or unauthorized activity.

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Submitting Information to the Site

19.1

While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

19.2

Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

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Accuracy of Information and Availability of the Site

20.1

We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

20.2

We may suspend or terminate access or operation of the Site at any time as we see fit.

20.3

Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

20.4

While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

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Hyperlinks and Third-Party Sites

The Site may contain hyperlinks or references to third-party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party advertising or websites and accept no legal responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.

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Third-Party Software

22.1

In order for certain features of the Products to function properly, we use various third-party software (“Third-Party Software”). By accepting these Terms, you are also accepting the applicable Third-Party Terms and services associated with these Third-Party Software.

22.2

You acknowledge and agree that you are responsible for reviewing and understanding the Third-Party Terms before accessing or using any Third-Party Software. Acceptance of these Terms automatically means you accept the relevant Third-Party Terms, including their privacy policies and conditions of use.

22.3

A list of Third-Party Software used by us, along with their respective privacy policies and terms of service, can be found in our Privacy Policy (privacy-policy).

22.4

You further acknowledge that we are not liable for any Third-Party Software or their functionality, including any errors, disruptions, or issues arising from such third-party services.

22.5

We reserve the right, at our sole discretion and without notice to you, to suspend, restrict, or disable access to or remove any Third-Party Software from our Site or Products at any time. You acknowledge that such actions may result in the loss of access to or functionality of these Third-Party Software, and we shall not be liable for any loss of profits, revenue, data, goodwill, or other intangible losses resulting from any such actions.

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Data Ownership

23.1

You retain all rights, title, and interest in and to any data that you upload, create, or submit on the Site ("User Data").

23.2

By using the Site, you grant us permission to use, reproduce, modify, adapt, publish, distribute, and display your User Data solely for the purpose of providing, improving, and facilitating our Products. This permission is limited to the scope required to deliver and maintain the Products.

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User Feedback

If you provide any feedback, suggestions, or ideas regarding the Product, or leave any reviews on any social media platform, you grant us a worldwide, royalty-free, irrevocable, and perpetual license to use, reproduce, and incorporate such feedback or reviews into the Product or our marketing materials without the need for further authorization or compensation.

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Our Responsibility to You

25.1

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

25.2

Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

25.3

In the event we are found liable for any claim or damages, our total liability shall not exceed the amount paid, if any, by the user for the Products in the one (1) month preceding the event giving rise to liability.

26

Force Majeure Event

We shall not be held liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, epidemics, labor strikes, power outages, internet or telecommunications failures, or other events of a similar nature ("Force Majeure Events"). In the event of a Force Majeure Event, we shall promptly notify you and make reasonable efforts to mitigate the impact of such circumstances.

27

Indemnification

You agree to indemnify, defend, and hold harmless, us, our officers, our directors, our employees, our suppliers, and our affiliates, from and against any and all losses, damages, fines, penalties, liabilities, claims, and expenses (including, but not limited to, attorney's fees and costs) arising out of or in connection with any claims that: (a) You have used the Products in violation of another party’s rights, (b) You have used the Products in violation of any applicable law, (c) You have used the Products in breach of any provisions of these Terms, or (d) Any other claim related to your use of the Products, except where such use is expressly authorized by us.

 28

Disclaimer of Warranties

28.1

You expressly understand and agree that your use of our Site and/or Product is at your sole risk. The Site and Products are provided on an "AS-IS" and "AS-AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

28.2

We make no warranty that the Site and/or Product will be uninterrupted, timely, secure, or error-free. You acknowledge that use of any material downloaded or obtained through the use of our Site and/or Product is at your own discretion and risk. You will be solely responsible for any damage to your computer system, mobile device, wireless device, or data that results from the use of our Site and/or Products or the download of any such material.

28.3

No advice or information, whether written or oral, obtained by you from us, our employees, or our representatives shall create any warranty not expressly stated in these Terms.

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Limitation of Liability

29.1

In no event will we, or our directors, employees, or agents, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to any lost profits or lost data arising from your use of our Site, Products, content, or any related software accessed through or downloaded from our Site.

29.2

Notwithstanding anything to the contrary in these Terms, our liability to you for any cause whatsoever, and regardless of the form of the action, will always be limited to the amount paid, if any, by you for the Products during the one (1) month prior to the event giving rise to such liability.

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No Third Party Rights

  No one other than us or you has any right to enforce any of these Terms.

  31

Relationship

These Terms in no way create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us.

  32

Severance

If any of the clauses in these Terms are found to be unlawful, this will not affect the validity and effectiveness of the remaining Terms. This means that if one clause or sub-clause is found to be unlawful, it will not apply, but the rest of the Terms will continue to be in full force and effect.

  33

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Site, Content, Products, and any software provided within.

  34

Changes to These Terms

34.1

We may at our absolute discretion make, and notify you of, updated versions of these Terms (New Versions) from time to time by notifying you of such update by e-mail (together with a copy of the update or a link to a copy of the update).

34.2

New Versions will replace the preceding version of these Terms 30 days after they are published.

34.3

Your continued use of our Site and Products following the notice of changes will be deemed as your acceptance of the New Version.

34.4

In the event that you reasonably believe that any New Version materially impacts you negatively in any manner you may by notice elect to terminate your Subscription Plan provided you exercise such right prior to such New Version taking effect pursuant to clause 35.2 on not less than 10 days prior written notice and notify us at the time of exercising such right of the negative impact which has caused you to exercise this right. In the event of such termination, you shall not be entitled for any refund.

  35

Changes to Our Products

We reserve the right to modify, update, replace or discontinue any aspect of our Products at any time and at our sole discretion. We will provide you with reasonable notice, where practicable, prior to such changes taking effect.

  36

Dispute Resolution & Governing Law

36.1

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

36.2

If a dispute cannot be resolved using our complaint handling procedure then such dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of Dubai International Arbitration Centre (DIAC) which Rules are deemed to be incorporated by reference into this clause. The language to be used in the arbitration shall be English; the number of arbitrators shall be one; and the seat, or legal place, of arbitration, shall be DIAC. The decision of the arbitral tribunal shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

36.3

The governing law of these Terms shall be the substantive law of the United Arab Emirates.

  37

Contact Us

  If you have any questions about these Terms, please contact us by using the contact details specified in clause 3.2.

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