Last Updated: November 29, 2025
Company Name: NY SOFTWARE & IT
Date of Incorporation: November 29, 2025
Primary Jurisdiction: United States of America – State of Florida – Miami

Section 1 – Introduction and Scope

1.1 Purpose of This Cookies Policy

This Cookies Policy is issued by NY Software & IT to formally describe, define, regulate, and govern the use of cookies and similar tracking technologies deployed across our websites, platforms, applications, portals, and digital services. The purpose of this Policy is to ensure full transparency regarding how cookies operate, the role they play in service delivery, and the rights and responsibilities of users interacting with our digital environments.

This Policy is designed to operate as a legally binding document that complements and forms an integral part of our Privacy Policy, Terms & Conditions, and Disclaimer. It establishes a standalone contractual framework governing cookies while remaining fully aligned with applicable data protection and privacy laws in the United States and internationally.

NY Software & IT adopts this Cookies Policy to protect its legal interests, intellectual property, operational integrity, and technological infrastructure, while simultaneously providing users with detailed disclosures regarding data collection mechanisms that may not be immediately visible during standard website interactions.

This Policy is drafted using defensive and protective legal language intended to limit liability, allocate risk appropriately, and clarify that certain technologies are essential to the functioning, security, and performance of our services. Users acknowledge that cookies are a standard, unavoidable component of modern web technologies.

By accessing, browsing, or using any NY Software & IT digital property, users expressly acknowledge that they have read, understood, and accepted this Cookies Policy in its entirety, regardless of whether explicit consent mechanisms are triggered or required under applicable law.

1.2 Relationship With Other Legal Documents

This Cookies Policy must be read in conjunction with, and is expressly incorporated by reference into, NY Software & IT’s Privacy Policy, Terms & Conditions, Disclaimer, and any additional legal agreements executed between the user and the Company. In the event of any inconsistency, the interpretation that affords the maximum legal protection to NY Software & IT shall prevail.

The existence of this Cookies Policy does not limit, waive, or replace any obligations, disclaimers, or limitations of liability contained in other governing documents. Instead, it operates cumulatively to reinforce the Company’s legal framework governing digital interactions and data usage.

Users expressly agree that consent or acceptance of one legal document constitutes acceptance of all related legal documents, including this Cookies Policy, even if accessed at different times or through different interfaces.

This Policy is not intended to create any rights or remedies beyond those expressly stated and shall not be interpreted as granting users any ownership or control over NY Software & IT’s technological processes, algorithms, or data-handling methodologies.

The Company reserves the unilateral right to enforce this Policy independently or in conjunction with other legal instruments, at its sole discretion, without notice to the user.

1.3 Applicability and Binding Effect

This Cookies Policy applies globally to all users, visitors, clients, partners, contractors, and any other individuals or entities that access NY Software & IT digital assets, regardless of geographic location, device type, browser configuration, or access method.

The Policy is binding upon all users, including those accessing the website casually, anonymously, or without creating an account. Lack of registration, identification, or direct contractual relationship does not exempt any user from compliance.

Users accessing the services on behalf of an organization represent and warrant that they have the authority to bind that organization to this Policy. Any violation by an authorized user shall be deemed a violation by the represented entity.

NY Software & IT expressly rejects any attempt to limit the applicability of this Policy through browser settings, technical workarounds, or private agreements not formally executed by the Company.

Continued use of the website after publication of updates constitutes automatic acceptance of the revised Policy without the need for additional affirmative consent, to the maximum extent permitted by law.

1.4 Definitions and Interpretation

For purposes of this Cookies Policy, “cookies” shall mean small data files stored on a user’s device that enable technical functionality, performance optimization, analytics, personalization, security enforcement, and compliance monitoring.

Terms such as “we,” “us,” and “our” refer exclusively to NY Software & IT, while “user,” “you,” or “your” refer to any individual or entity accessing our digital services. Capitalized terms not defined herein shall have the meanings assigned in our Privacy Policy or Terms & Conditions.

Interpretation of this Policy shall not be construed against NY Software & IT as the drafting party. Headings are for convenience only and shall not affect legal meaning or enforceability.

Any ambiguities shall be resolved in favor of interpretations that maximize the enforceability and legal protection of this Policy.

Singular terms include the plural and vice versa, and references to laws include amendments, replacements, and successor regulations.

1.5 Regulatory Framework Overview

This Cookies Policy is designed to comply with applicable privacy and data protection regulations, including but not limited to the GDPR, UK GDPR, CCPA, CPRA, and other U.S. state privacy laws, to the extent such laws apply.

NY Software & IT acknowledges evolving regulatory standards and adopts a compliance-first approach, while expressly disclaiming any obligation to comply with laws that do not legally apply to its operations.

Where laws impose consent requirements, the Company implements reasonable technical and organizational measures to facilitate compliance without guaranteeing absolute regulatory conformity under all circumstances.

Nothing in this Policy shall be interpreted as an admission that NY Software & IT is subject to any specific jurisdiction or regulatory authority beyond those expressly required by law.

Users are solely responsible for understanding their local legal requirements and how they apply to cookie usage.

1.6 Updates and Amendments

NY Software & IT reserves the unrestricted right to modify, amend, replace, or discontinue this Cookies Policy at any time, for any reason, without prior notice.

Changes take effect immediately upon publication unless otherwise stated. Users are responsible for reviewing this Policy periodically.

The Company disclaims any obligation to notify users individually of updates, except where explicitly required by law.

Historical versions of this Policy may not be retained or made available.

Continued use of the website after changes constitutes acceptance of the revised Policy.

1.7 Contact and Legal Notices

Questions regarding this Cookies Policy may be directed to NY Software & IT using the contact information published on the website.

Submission of inquiries does not create any legal obligation, duty, or liability on the part of the Company.

NY Software & IT reserves the right to refuse, delay, or limit responses at its sole discretion.

This section does not constitute consent to jurisdiction, service of process, or waiver of any legal rights.

All legal notices must be submitted in writing through officially designated channels.

Section 2 – What Cookies Are

2.1 Technical Definition of Cookies

Cookies are small data files, scripts, identifiers, or tokens stored on a user’s device by a web server or authorized technology provider when a website is accessed. These files enable technical communication between the user’s device and the Company’s systems and are an essential component of modern internet architecture.

Cookies may contain unique identifiers, session tokens, preference indicators, security markers, or configuration data necessary to ensure proper rendering, authentication, continuity, and integrity of digital services.

NY Software & IT deploys cookies as part of industry-standard technological practices and expressly disclaims that cookies constitute malicious software, spyware, or intrusive surveillance mechanisms when used lawfully.

Cookies do not independently access personal files, execute arbitrary code, or bypass device-level security controls without user interaction or browser authorization.

Users acknowledge that disabling cookies may impair functionality, performance, security, and user experience.

2.2 Cookies vs Similar Technologies

In addition to cookies, the Company may utilize similar technologies such as pixels, tags, beacons, SDKs, local storage, or server-side tracking mechanisms.

These technologies may operate independently or in conjunction with cookies to enable analytics, security, fraud prevention, load balancing, and service optimization.

For legal purposes, references to “cookies” in this Policy include all such technologies unless otherwise stated.

Users acknowledge that technical distinctions do not alter the legal effect or applicability of this Policy.

NY Software & IT reserves the right to adopt new technologies without prior notice.

2.3 First-Party Cookies

First-party cookies are set directly by NY Software & IT domains and are used to support core functionality, security enforcement, user authentication, and system stability.

These cookies are controlled exclusively by the Company and are not shared with unrelated third parties for independent use.

Disabling first-party cookies may result in loss of access to essential features.

First-party cookies may persist across sessions depending on configuration.

Their use is justified under legitimate interest and contractual necessity.

2.4 Third-Party Cookies

Third-party cookies are placed by service providers, partners, or platforms integrated into the Company’s digital services.

These may include analytics, infrastructure, security, performance, or marketing partners.

NY Software & IT does not control third-party cookie policies but conducts due diligence where required.

Users are subject to third-party terms in addition to this Policy.

The Company disclaims liability for third-party cookie practices.

2.5 Session Cookies

Session cookies are temporary and expire when the browser is closed.

They are used to maintain session integrity, navigation continuity, and security checks.

Session cookies are essential for preventing unauthorized access.

They do not persist beyond the browsing session.

Blocking session cookies may result in service disruption.

2.6 Persistent Cookies

Persistent cookies remain on the device until expiration or deletion.

They store preferences, settings, and analytics identifiers.

Expiration periods vary based on purpose.

Persistent cookies improve usability and efficiency.

Users may delete them manually.

2.7 Security and Integrity of Cookies

Cookies are protected using reasonable security measures.

NY Software & IT does not guarantee absolute security.

Users are responsible for device protection.

Cookies may be invalidated or revoked at any time.

Security cookies are critical to fraud prevention.

Section 3 – Categories of Cookies We Use

3.1 Strictly Necessary Cookies

These cookies are essential to operate the website and cannot be disabled without impairing functionality.

They support authentication, security, and infrastructure stability.

Use of these cookies does not require consent where legally exempt.

Disabling them may prevent access to services.

NY Software & IT disclaims liability for disruptions caused by blocking them.

3.2 Functional Cookies

Functional cookies enable enhanced features and personalization.

They store preferences such as language and region.

Disabling them may reduce convenience.

They do not independently track behavior for advertising.

Use is justified by legitimate interest.

3.3 Performance and Analytics Cookies

These cookies collect aggregated usage data.

They help identify performance issues.

Data may be anonymized or pseudonymized.

Analytics partners may process data.

Users may opt out where required.

3.4 Advertising and Marketing Cookies

Marketing cookies track engagement and campaign effectiveness.

They may be set by third parties.

Consent is obtained where required.

Disabling them limits personalization.

NY Software & IT does not guarantee relevance of ads.

3.5 Security and Fraud Prevention Cookies

Security cookies detect malicious activity.

They help prevent abuse and attacks.

They may override user preferences.

Use is justified by legitimate interest.

These cookies are mandatory.

3.6 Preference Management Cookies

These cookies remember consent choices.

They ensure compliance with privacy laws.

They prevent repeated prompts.

They are essential for consent management.

Disabling them may reset preferences.

3.7 Experimental and Future Cookies

NY Software & IT may deploy experimental cookies.

These support innovation and testing.

They may change or be removed.

No guarantees are provided.

Users accept associated risks.

Section 4 – Legal Basis for Cookie Processing

4.1 Consent Under GDPR

Where required, cookies are deployed only after obtaining consent.

Consent may be explicit or implied.

Users may withdraw consent.

Withdrawal does not affect prior processing.

Consent records may be maintained.

4.2 Legitimate Interests

Cookies may be processed based on legitimate interest.

This includes security and analytics.

Interests are balanced against user rights.

Users may object.

Objections may limit access.

4.3 Contractual Necessity

Some cookies are necessary to perform contracts.

Without them, services cannot be delivered.

Consent is not required for such cookies.

Disabling them voids functionality.

Users accept this condition.

4.4 Compliance With Legal Obligations

Cookies may be used to meet legal obligations.

This includes audit and security.

Processing is mandatory.

Users cannot opt out.

The Company complies as required.

4.5 CCPA/CPRA Lawful Purposes

Cookies are used for lawful business purposes.

No sale of personal data is conducted without notice.

Users may exercise rights.

Requests are verified.

Limitations apply.

4.6 HIPAA-Related Considerations

Cookies are not used to store PHI.

Where applicable, safeguards are applied.

HIPAA compliance is contextual.

Users acknowledge limitations.

No guarantee of coverage is made.

4.7 International Law Alignment

International transfers may occur.

Safeguards are implemented where required.

No universal compliance is guaranteed.

Users assume cross-border risks.

Protections vary by jurisdiction.

Section 5 – Cookie Consent Management

5.1 Cookie Banner Functionality

A cookie banner is used to present choices.

It may vary by jurisdiction.

Display does not guarantee consent is required.

Technical cookies may load prior.

Users accept this design.

5.2 Granular Consent Options

Users may manage preferences.

Categories may be toggled.

Some cookies cannot be disabled.

Choices are respected where feasible.

System limitations apply.

5.3 Withdrawal of Consent

Consent may be withdrawn.

Withdrawal affects future processing.

Settings may reset.

No retroactive effect applies.

Service impact may occur.

5.4 Recordkeeping and Consent Logs

Consent decisions may be logged.

Logs may include identifiers.

Retention varies.

Logs support compliance.

Users waive access to logs.

5.5 Default Settings and User Choices

Defaults may favor functionality.

Users are responsible for changes.

Inaction may constitute consent.

Regional laws may override defaults.

The Company retains discretion.

5.6 Impact of Rejecting Cookies

Rejecting cookies may limit features.

Performance may degrade.

Security protections may be reduced.

No liability is assumed.

Users accept consequences.

5.7 Responsibility of the User

Users are responsible for understanding cookie settings.

Browser configurations are user-controlled.

The Company is not responsible for misconfiguration.

Users assume all risks.

This obligation survives termination.

Section 6 – Third-Party Service Providers and Partners

6.1 Overview of Third-Party Involvement

NY Software & IT integrates third-party technologies and services as part of its operational, security, analytics, infrastructure, and service-delivery ecosystem. These third parties may deploy cookies or similar technologies through our digital properties in order to enable functionality that cannot reasonably be achieved solely through first-party systems.

Such integrations are standard within the IT, SaaS, managed services, and cloud industries and are necessary to maintain enterprise-grade performance, reliability, monitoring, and compliance. The use of third-party cookies does not imply endorsement, control, or ownership of third-party systems by NY Software & IT.

Users expressly acknowledge that third-party service providers operate under their own privacy practices, contractual obligations, and regulatory interpretations, which may differ from those of NY Software & IT. The Company does not assume responsibility for independent actions taken by third parties outside the scope of contractual agreements.

The Company conducts reasonable diligence when selecting partners; however, no guarantee is made regarding the absolute compliance, availability, or security posture of any third-party provider.

6.2 Cloud, Infrastructure, and IT Partners

NY Software & IT may utilize cloud infrastructure providers, IT management platforms, cybersecurity vendors, and software partners to deliver services efficiently and securely. These providers may set cookies or identifiers required for authentication, load balancing, monitoring, and system health.

Such cookies are often strictly necessary to ensure uptime, prevent abuse, and maintain contractual service levels. Disabling or blocking these cookies may impair service delivery or prevent access to certain features.

The Company expressly disclaims liability for service interruptions, data loss, or reduced performance resulting from third-party infrastructure failures or user interference with required cookies.

6.3 Analytics and Monitoring Providers

Third-party analytics and monitoring providers may deploy cookies to collect aggregated or pseudonymized data regarding usage patterns, system performance, error rates, and operational metrics.

These cookies support business intelligence, troubleshooting, capacity planning, and continuous improvement initiatives. Data collected through such cookies is used in accordance with applicable laws and internal governance policies.

Users acknowledge that analytics data may be processed outside their jurisdiction and that absolute anonymization cannot be guaranteed in all cases.

6.4 Advertising, Marketing, and Communication Platforms

NY Software & IT may integrate marketing, communication, and campaign-management platforms that deploy cookies to measure engagement, effectiveness, and outreach performance.

Such cookies are deployed only where legally permitted and subject to consent requirements where applicable. Users may opt out of marketing cookies through available preference mechanisms.

The Company does not guarantee the relevance, accuracy, or personalization outcomes of marketing technologies.

6.5 Legal Responsibility and Risk Allocation

Users expressly agree that interactions with third-party cookies occur at their own risk. NY Software & IT disclaims all liability arising from third-party data practices, breaches, policy changes, or regulatory violations.

Any disputes related to third-party cookies must be addressed directly with the applicable provider, subject to their terms and policies.

Section 7 – Data Collected Through Cookies

7.1 Categories of Data Collected

Cookies may collect technical identifiers such as IP addresses, device identifiers, browser characteristics, session IDs, timestamps, and interaction metadata.

Such data is primarily technical and operational in nature and does not inherently identify an individual without additional context.

NY Software & IT does not intentionally use cookies to collect sensitive personal data unless explicitly required for service delivery and permitted by law.

7.2 Aggregated and Pseudonymized Data

Data collected via cookies may be aggregated or pseudonymized to reduce identifiability and privacy risk.

Aggregation techniques are applied where feasible; however, users acknowledge that re-identification risks cannot be entirely eliminated.

The Company disclaims liability for theoretical or speculative re-identification scenarios.

7.3 Business and Operational Use

Cookie-derived data is used to operate, maintain, secure, and improve digital services. This includes diagnosing issues, optimizing performance, and enhancing user experience.

Decisions based on cookie data are made at a systemic level and are not intended to produce legal or similarly significant effects on individuals.

7.4 Security and Fraud Detection Data

Certain cookies collect data to detect suspicious behavior, unauthorized access attempts, or abuse patterns.

These cookies may operate regardless of user preferences where legally permitted, as they are essential to protect systems and users.

7.5 Data Minimization Principles

NY Software & IT applies data minimization principles by limiting cookie data to what is reasonably necessary for defined purposes.

Users acknowledge that technical necessity may override user expectations in certain contexts.

Section 8 – Use of Cookie Data

8.1 Internal Use

Cookie data is used internally by authorized personnel for legitimate business purposes, including IT operations, security management, analytics, and compliance.

Access to such data is restricted based on role and need-to-know principles.

8.2 Automated Processing

Some cookie data may be processed automatically to enable real-time functionality, threat detection, or system optimization.

Such processing does not involve automated decision-making with legal or similarly significant effects unless expressly disclosed.

8.3 Cross-System Integration

Cookie data may be correlated with other technical data sources to ensure continuity and integrity of services.

Such integrations are subject to internal controls and governance standards.

8.4 No Sale of Cookie Data

NY Software & IT does not sell cookie data as defined under applicable privacy laws unless expressly disclosed and permitted by law.

Any sharing is limited to defined business purposes.

8.5 Retention and Deletion

Cookie data is retained only for as long as necessary to fulfill its purpose or comply with legal obligations.

Retention periods vary based on cookie category.

Section 9 – International Transfers and Cross-Border Processing

9.1 Global Operations

NY Software & IT operates globally and may process cookie data in multiple jurisdictions.

Users acknowledge that data protection laws vary internationally.

9.2 Safeguards and Mechanisms

Where required, the Company implements contractual and technical safeguards such as standard contractual clauses or equivalent mechanisms.

No safeguard guarantees absolute protection.

9.3 User Risk Acknowledgment

By using the services, users consent to cross-border data transfers and assume associated risks.

NY Software & IT disclaims liability for foreign governmental access where legally compelled.

9.4 Jurisdictional Limitations

Nothing in this Policy constitutes an admission of jurisdiction or regulatory applicability beyond what is legally required.

Section 10 – User Controls and Browser Settings

10.1 Browser-Based Controls

Users may control cookies through browser settings.

Such controls vary by browser and device.

10.2 Limitations of User Controls

Disabling cookies may impair functionality, security, and performance.

The Company is not responsible for outcomes resulting from user configurations.

10.3 Do Not Track Signals

NY Software & IT does not guarantee recognition of Do Not Track signals unless required by law.

Technical limitations apply.

10.4 Responsibility Allocation

Users bear sole responsibility for managing browser settings and understanding their effects.

10.5 No Liability for User Choices

NY Software & IT disclaims liability for losses arising from cookie preferences or misconfiguration.

Section 11 – Data Retention and Storage

11.1 Retention Principles

NY Software & IT retains cookie-derived data only for as long as is reasonably necessary to fulfill the purposes for which such data was collected, including operational continuity, security monitoring, analytics, compliance, and dispute resolution.

Retention decisions are guided by business necessity, technical constraints, and applicable legal requirements, and are periodically reviewed to ensure alignment with evolving regulatory standards.

The Company expressly disclaims any obligation to retain cookie data beyond minimum operational or legal requirements and may delete or anonymize such data at its sole discretion.

Users acknowledge that retention periods may vary by cookie category, system architecture, and third-party dependencies.

No representation is made that data will be retained for any specific duration, and no liability arises from lawful deletion.

11.2 Storage Locations and Methods

Cookie data may be stored on servers, cloud platforms, or secure infrastructure operated by NY Software & IT or authorized third-party providers.

Storage locations may be domestic or international depending on system architecture and service requirements.

The Company employs reasonable technical and organizational measures to protect stored data but does not guarantee absolute security.

Users acknowledge that distributed systems inherently involve multiple storage points.

NY Software & IT disclaims liability for unauthorized access resulting from factors beyond its reasonable control.

11.3 Deletion and Anonymization

Cookie data may be deleted, aggregated, or anonymized when no longer required.

Anonymization processes are designed to reduce identifiability but may not be irreversible in all theoretical scenarios.

The Company makes no warranty regarding the effectiveness of anonymization techniques against future technological advances.

Deletion may occur automatically or manually.

Users waive any claims related to lawful deletion or anonymization.

11.4 Backup and Recovery Copies

Backup systems may temporarily retain cookie data beyond primary retention periods.

Such retention is incidental and solely for disaster recovery and system integrity purposes.

Backup data is protected by access controls.

Restoration of backups may reintroduce deleted data temporarily.

The Company disclaims liability for backup-related retention.

11.5 User Expectations and Limitations

Users acknowledge that cookie data is primarily technical and operational.

The Company does not guarantee individualized retention handling.

Requests for deletion may be limited by technical feasibility.

Retention practices are not customized per user.

This section survives termination.

Section 12 – Security Measures and Incident Response

12.1 Security Framework

NY Software & IT maintains administrative, technical, and physical safeguards designed to protect cookie data.

Security controls are aligned with industry standards appropriate to the nature of the data.

No security system is infallible.

Users acknowledge inherent cybersecurity risks.

The Company disclaims guarantees of absolute security.

12.2 Monitoring and Detection

Systems are monitored for anomalous activity.

Cookies may assist in detecting unauthorized access.

Monitoring may be continuous or periodic.

False positives or negatives may occur.

No liability arises from monitoring limitations.

12.3 Incident Response Procedures

In the event of a security incident, NY Software & IT will assess scope and impact.

Remedial actions may include containment, mitigation, and notification where legally required.

Response timelines vary.

No admission of fault is implied by notification.

The Company retains discretion over response measures.

12.4 Notification Obligations

Notifications are issued only when legally mandated.

Content and timing are determined by the Company.

Users waive claims based on notification delays permitted by law.

No individualized notifications are guaranteed.

12.5 Limitation of Liability

NY Software & IT disclaims liability for incidents caused by external threats.

Users assume risks of online activity.

Damages are limited as set forth in governing documents.

This limitation applies to cookie-related incidents.

Section 13 – Regulatory Compliance and Enforcement

13.1 General Compliance Position

NY Software & IT adopts a compliance-oriented approach to cookie usage.

Compliance is assessed based on applicability.

No representation is made of universal compliance.

Laws may conflict.

The Company complies where legally required.

13.2 GDPR Enforcement Considerations

Where GDPR applies, consent and lawful bases are implemented.

Supervisory authority actions are handled case-by-case.

No private right of action is conceded.

Administrative fines are contested where appropriate.

Users waive claims beyond statutory rights.

13.3 CCPA / CPRA Enforcement

California residents may exercise statutory rights.

Verification procedures apply.

Requests may be denied where permitted.

No discrimination occurs for lawful refusals.

The Company reserves defenses.

13.4 HIPAA Contextual Application

Cookies are not intended to process PHI.

HIPAA obligations apply only in regulated contexts.

No blanket HIPAA coverage is implied.

Users acknowledge contextual limitations.

The Company disclaims misclassification liability.

13.5 Governmental Requests

Data may be disclosed when legally compelled.

The Company may challenge overbroad requests.

Disclosure may occur without user notice.

Users waive objections.

This section survives termination.

Section 14 – Audits, Assessments, and Accountability

14.1 Internal Audits

NY Software & IT may conduct internal audits.

Audit scope and frequency are discretionary.

Findings are confidential.

No user access is granted.

Audits do not create obligations.

14.2 Third-Party Assessments

Third-party assessments may occur.

Assessors are bound by confidentiality.

Results may not be shared.

No warranties arise from assessments.

Users waive reliance.

14.3 Documentation and Records

Records may be maintained for compliance.

Record retention varies.

Records are proprietary.

No access rights are granted.

Disclosure may be restricted.

14.4 Accountability Structure

Responsibility is assigned internally.

No third-party beneficiary rights exist.

Organizational changes may occur.

Accountability does not imply liability.

This section survives termination.

14.5 Continuous Improvement

Practices evolve over time.

No obligation to adopt specific standards.

Users accept iterative changes.

No retroactive duties apply.

The Company retains discretion.

Section 15 – User Rights and Limitations

15.1 Rights Overview

Users may have rights under applicable laws.

Rights vary by jurisdiction.

Not all rights apply universally.

The Company applies rights where required.

No additional rights are granted.

15.2 Exercise of Rights

Requests must follow designated procedures.

Verification is required.

Incomplete requests may be rejected.

Response timelines vary.

Fees may apply where permitted.

15.3 Limitations and Exceptions

Rights are subject to exemptions.

Technical feasibility may limit fulfillment.

Security considerations may override requests.

The Company reserves all defenses.

Users waive non-statutory claims.

15.4 No Retaliation Guarantee

The Company does not retaliate unlawfully.

Lawful service limitations may occur.

No service guarantee is made.

Users accept operational impacts.

No liability arises.

15.5 Survival of Obligations

User obligations survive termination.

Cookie effects may persist.

This Policy remains enforceable.

No waiver is implied.

Section 16 – Indemnification

16.1 General Indemnity Obligation

Users agree to indemnify, defend, and hold harmless NY Software & IT, its officers, directors, employees, agents, partners, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses arising out of or related to cookie usage.

This obligation applies regardless of fault and includes claims asserted by third parties, regulators, or governmental authorities.

Indemnification covers legal fees, expert fees, settlement amounts, and judgments.

The obligation applies to direct and indirect damages.

Users acknowledge that indemnity is a material condition of access.

This obligation survives termination.

16.2 Scope of Covered Claims

Covered claims include privacy violations, data protection allegations, regulatory inquiries, and security incidents.

Claims arising from user misconfiguration are included.

Claims related to third-party tools selected by the user are included.

Claims based on local law misunderstandings are included.

The scope is interpreted broadly.

No limitation applies except where prohibited by law.

16.3 Defense and Control

NY Software & IT retains the right to control defense and settlement.

Users must cooperate fully.

No settlement may impose obligations on the Company.

Failure to cooperate constitutes breach.

Costs of defense are recoverable.

This provision is cumulative.

16.4 Regulatory Indemnification

Users indemnify against regulatory penalties caused by user conduct.

This includes fines and corrective actions.

No assumption of regulatory responsibility is made by the Company.

Indemnity applies worldwide.

Users waive defenses.

This clause is enforceable to the maximum extent permitted.

16.5 Survival and Enforcement

Indemnification survives termination.

Enforcement may occur at law or equity.

Partial invalidity does not affect remainder.

No waiver is implied.

This section is essential.

Section 17 – Limitation of Liability

17.1 Maximum Liability Cap

To the maximum extent permitted by law, NY Software & IT’s total liability related to cookies is limited to the lesser of amounts paid or one hundred U.S. dollars.

This cap applies per claim and in aggregate.

No different cap applies absent written agreement.

Users accept this allocation of risk.

The cap is fundamental.

This provision survives.

17.2 Excluded Damages

The Company shall not be liable for indirect, incidental, consequential, or punitive damages.

Loss of profits and data are excluded.

Business interruption is excluded.

Reputational harm is excluded.

This exclusion applies worldwide.

No exception is implied.

17.3 Basis of Bargain

Users acknowledge limitations are part of the bargain.

Services would not be provided without them.

Risk allocation is reasonable.

Users waive contrary arguments.

This acknowledgment is binding.

The clause applies regardless of theory.

17.4 Jurisdictional Variations

Some jurisdictions limit exclusions.

Where prohibited, liability is limited to minimum required.

No expansion beyond statutory minimums occurs.

Users bear burden of proof.

Interpretation favors the Company.

Severability applies.

17.5 Third-Party Liability Disclaimer

The Company disclaims liability for third-party actions.

Third-party cookies are excluded.

Vendors are independent.

Users accept this allocation.

No joint liability exists.

This clause survives.

Section 18 – Governing Law and Jurisdiction

18.1 Governing Law

This Policy is governed by Florida law, USA.

Conflict of law rules are excluded.

International conventions do not apply.

Uniform interpretation is intended.

Users consent expressly.

This clause is mandatory.

18.2 Exclusive Venue

Venue lies exclusively in Florida courts.

Users waive objections.

Forum non conveniens is waived.

Jurisdiction is personal and subject-matter.

Consent is irrevocable.

This applies globally.

18.3 International Users

International users submit to U.S. jurisdiction.

Local laws do not override venue.

Enforcement may occur internationally.

Users bear enforcement costs.

No treaty rights are invoked.

This clause survives.

18.4 Injunctive Relief

The Company may seek injunctive relief.

Bond requirements are waived.

Relief may be sought worldwide.

No limitation applies.

Users consent.

This is cumulative.

18.5 Class Action Waiver

Users waive class actions.

Claims must be individual.

Collective actions are barred.

Severability applies.

This waiver is essential.

Survival applies.

Section 19 – Modifications and Updates

19.1 Right to Modify

The Company may modify this Policy at any time.

No notice is required.

Changes take immediate effect.

Users are responsible for review.

Continued use equals acceptance.

This right is unilateral.

19.2 Retroactive Effect

Modifications apply prospectively.

No vested rights exist.

Historical versions may be removed.

Users waive reliance.

No duty to archive exists.

This clause survives.

19.3 Regulatory Changes

Changes may reflect law updates.

Compliance adjustments may occur.

No admission of prior non-compliance.

Users accept adjustments.

No consent renewal is guaranteed.

This is enforceable.

19.4 Technical Changes

Technical deployments may change.

Cookies may be added or removed.

No notice is required.

Functionality may vary.

Users accept risks.

This clause survives.

19.5 Effect of Non-Acceptance

Users may discontinue use.

No refunds are provided.

Discontinuation does not erase obligations.

Prior acceptance remains effective.

Liability limitations survive.

This is final.

Section 20 – Assignment and Transfer

20.1 Assignment Rights

The Company may assign this Policy freely.

Users may not assign.

Any attempted assignment is void.

Assignment includes mergers.

Consent is not required.

This clause survives.

20.2 Successors and Affiliates

Policy binds successors.

Affiliates may enforce rights.

No third-party beneficiaries exist.

Corporate restructuring is covered.

Users consent.

This applies globally.

20.3 Data Transfers

Assignment may involve data transfers.

Transfers may be cross-border.

Users consent expressly.

Safeguards may vary.

No guarantees are made.

This clause survives.

20.4 Notice of Assignment

No notice is required.

Users waive notification rights.

Assignment is effective immediately.

Continued use binds users.

This is enforceable.

This survives.

20.5 Effect on Users

User obligations remain unchanged.

No expanded rights are granted.

Services may change.

No liability arises.

Risk is allocated.

This is final.

Section 21 – Severability and Interpretation

21.1 Severability

Invalid provisions are severed.

Remaining provisions remain enforceable.

Maximum effect is intended.

No total invalidation occurs.

Courts shall reform if needed.

This clause survives.

21.2 Interpretation Rules

Headings are non-binding.

No contra proferentem applies.

Broad interpretation favors the Company.

Ambiguities resolve defensively.

Commercial reasonableness applies.

This is binding.

21.3 Waiver

No waiver by silence.

Waivers must be written.

Single waivers are limited.

Future enforcement is preserved.

Rights are cumulative.

This survives.

21.4 Remedies

Remedies are cumulative.

Equitable relief is available.

No election of remedies applies.

Damages limitations remain.

Users waive defenses.

This applies worldwide.

21.5 Survival

Key provisions survive termination.

Survival includes liability and indemnity.

Enforceability continues.

No limitation applies.

This is final.

Section 22 – Entire Agreement

22.1 Integration

This Policy forms part of the entire agreement.

It integrates related documents.

No oral terms apply.

Conflicts resolve in favor of protection.

Integration is complete.

This is binding.

22.2 No Reliance

Users do not rely on statements outside this Policy.

Marketing statements are excluded.

No inducement is claimed.

Users waive reliance claims.

This applies globally.

This survives.

22.3 Amendments

Amendments must be written.

Unilateral changes are permitted.

Users accept change mechanisms.

No negotiation is required.

This clause survives.

22.4 Language

English governs interpretation.

Translations are non-binding.

Conflicts resolve in English.

Users waive translation claims.

This applies internationally.

This survives.

22.5 Electronic Acceptance

Electronic acceptance is valid.

Clickwrap and browsewrap apply.

Records are admissible.

Users consent to electronic contracts.

This is enforceable.

This survives.

Section 23 – Compliance With Global Laws

23.1 United States Compliance

The Company complies with applicable U.S. laws.

State laws apply selectively.

No universal compliance is implied.

Conflicts are resolved defensively.

Users bear local compliance.

This clause survives.

23.2 European Union

GDPR principles apply where required.

No establishment is conceded.

Representative obligations are limited.

Users accept contextual application.

This is enforceable.

This survives.

23.3 Latin America and Other Regions

Regional laws vary.

Compliance is assessed case-by-case.

No guarantee of alignment is made.

Users assume risks.

Jurisdiction is not conceded.

This survives.

23.4 Asia-Pacific

APAC laws are diverse.

No blanket compliance exists.

Data transfers may occur.

Users consent.

Limitations apply.

This survives.

23.5 Conflicts of Law

Conflicts resolve in favor of governing law.

Users waive local overrides.

Mandatory laws apply only if unavoidable.

Interpretation favors the Company.

This is binding.

Section 24 – Dispute Resolution

24.1 Informal Resolution

Users agree to attempt informal resolution.

Good faith discussions are required.

No deadlines are guaranteed.

Failure does not waive rights.

Costs are borne individually.

This clause survives.

24.2 Litigation Only

Arbitration is not required unless agreed.

Litigation proceeds in designated courts.

Class actions are waived.

Collective relief is barred.

This is enforceable.

This survives.

24.3 Evidence and Records

Electronic records are admissible.

Logs may be used.

Users waive objections.

Presumptions favor accuracy.

This applies globally.

This survives.

24.4 Limitation Periods

Claims must be brought promptly.

Statutory limits apply.

No tolling is implied.

Delayed claims are barred.

Users waive extensions.

This survives.

24.5 Attorneys’ Fees

Prevailing party recovers fees.

Costs include experts.

Recovery is mandatory.

Fee shifting applies.

This is binding.

This survives.

Section 25 – Acceptance and Acknowledgment

25.1 Affirmative Acceptance

Use of the website constitutes acceptance.

Acceptance is unconditional.

Users acknowledge understanding.

No signature is required.

This is binding.

This survives.

25.2 Capacity and Authority

Users represent legal capacity.

Authority is warranted.

Minors are prohibited.

Guardians assume responsibility.

Misrepresentation is breach.

This survives.

25.3 Entirety and Enforceability

Acceptance applies to all sections.

Partial acceptance is invalid.

Enforceability is maximum.

Invalid provisions are severed.

Remaining provisions apply.

This is final.

25.4 Acknowledgment of Risk

Users acknowledge risks of cookies.

Risks include technology failures.

No warranties are made.

Assumption of risk applies.

Users waive claims.

This survives.

25.5 Final Provisions

This Policy is effective upon publication.

No further action is required.

The Company reserves all rights.

All protections are cumulative.

This concludes the Policy.

© 2026 NY SOFTWARE & IT. ALL RIGHTS RESERVED.