Terms & Conditions
1. INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device;
Application Store means any digital distribution service operated and developed by, for example, Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or others, in which the Application has been downloaded;
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority;
Account means a unique account created for You to access our Service or parts of our Service;
Country refers to Germany;
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Balanced Family UG (haftungsbeschränkt) headquartered in Germany, located at Chodowieckistraβe 7, 10405 Berlin;
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet;
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service;
Free Trial refers to a limited period of time that may be free when purchasing a Subscription;
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions;
Product(s) refers to any content, video or audio or written or otherwise, available within the Service Application or Website and including but not limited all content availalbe on Third-party Social Media platforms (for example, Facebook, Instagram, Twitter, Tiktok, etc.);
Service(s) refers to the Application or the Website or both;
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You;
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service;
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service;
Website refers to the Balanced Family UG website, accessible from http://www.balanced.family;
You means the individual accessing or using the Product or Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Product or Service, as applicable.
These are the Terms and Conditions governing the use of this Product or Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Product or Service.
Your access to and use of the Product or Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Product or Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Product or Service.
1.4 Arbitration notice and class action waiver
You agree that disputes relating to these terms or Your use of the Product or Service will be resolved by mandatory binding arbitration if no prior resolution can be reached on a one-to-one basis, and You waive any right to participate in a class-action lawsuit or class-wide arbitration.
2.1 Subscription period
The Product or Service or some parts of the Product or Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
2.2 Subscription cancellations
You may cancel Your Subscription renewal either through Your settings page or by contacting the Company at [email protected]. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Products and Services until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Products and Services will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Products and Services.
You shall provide the Company with accurate and complete billing information including full name, address, state, country, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Failure to make payment for a subscription on the recurring date or deadline date, in the case of electronic invoice, will result in automatic cancellation of the subscription and access to the Products and Services will cease.
2.5 Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Products or Services after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
2.7 Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3. IN-APP PURCHASES
3.1 Scope of terms and conditions
The Application may include In-app Purchases that allow You to buy Products, Services or Subscriptions. These Terms and the order set out the whole agreement between You and Us for the purchase of Products, Services, or Subscriptions. For some additional Products, Services, or Subscriptions You may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control for that specific Product, Service or Subscription.
More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store's own terms and conditions or in Your Device's Help settings.
3.2 Payment handling
In-app Purchases can only be consumed within the Application. If You make an In-app Purchase, that In-app Purchase cannot be canceled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded the Application and are governed by that Application Store's own terms and conditions.
If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
Although we aim to offer You the best service possible, we make no promise that the Products will meet Your requirements and We cannot guarantee that the Products will be fault free. If a fault occurs in the Products or Services, please report it to Us at [email protected] and we will review Your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, We may suspend access to the Products and Services while we address the fault. We will not be liable to You if the Products or Services are unavailable for a commercially reasonable period of time.
Your access to the Products and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products or Services. We will restore the Products or Services as soon as We reasonably can. If You have extraordinary concerns regarding access, please email us at [email protected].
4. USER ACCOUNTS
4.1 Accuracy of identity
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
4.2 Password protection
You are responsible for protecting the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
4.3 Username conditions
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4. PROHIBITED USES
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Product or Services. You agree not to interfere with the servers or networks underlying or connected to the Products or Services or Website or to violate any of the procedures, policies or regulations of networks connected to the Products or Services. You may not access the Products or Services in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Products or Services, conduct Yourself in an offensive manner while using the Products or Services, or use the Products or Services for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, You may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and We may cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Products and Services will cease immediately.
4.4 You agree not to use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of the Company.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
5.1 All materials (including software and content whether downloaded or not) contained in the Products or Sercives are owned by the Company (or Our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, You shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to You without Our prior written permission.
5.2 You acknowledge and agree that certain materials on or in the Products and Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against You.
5.3 Audio or video content from the Company not explicitly indicated as downloadable may not be downloaded or copied from the Products or Services or any Device.
5.4 The Products and Services are not intended for Your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by Us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products or Services for commercial purposes without obtaining a written license to do so from Us. Material from the Products or Services may not be copied or distributed, or republished, or transmitted in any way, without Our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates Your right to use the Products and Services and may subject You to legal liability. You agree not to use the Products or Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and You agree that You will comply with all laws, rules and regulations related to Your use of the Products or Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services.
5.5 A limited amount of content may be marked and authorized for the user to share in Your personal social channels (Facebook, Twitter, etc.). With respect to content made available by the Company through the Products and Services that is specifically identified as available for distribution by You (“Distribution Content”) as part of Your blog or other online commentary, analysis or review (“User Commentary”), the Company grants You a limited right to download, reproduce and distribute Distribution Content over the internet as part of Your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through Your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products and Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by You to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable Us to collect information with respect to the distribution and consumption of such content.
5.6 You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products and Services. If You make other use of the Products or Services, or the content, code, data or materials therein, except as otherwise provided above, You may violate copyright laws as well as applicable local laws and may be subject to liability for such unauthorized use. The Company will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. USER MATERIAL
6.1 The Products and Services may let You submit material to us: for example, You may be able post comments or images in certain functions or features of the Product or Services. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that You submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include account information, In-app Purchase, or Product or Service use information which You provide in registering for and using Products or Services.
6.2 This section 6 sets out the rights and obligations that each of Us have in connection with User Material. If You review or submit User Material, You are agreeing to do so in accordance with these Terms. If You do not want to review or submit User Material in accordance with these Terms, then You should not do so.
6.3 We do not systematically review User Material submitted by You or other users. We are not responsible for the content of User Material provided by You or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
6.4 We reserve the right, in Our sole discretion, to refuse to post or to remove or edit any of Your User Material, or to restrict, suspend, or terminate Your access to all or any part of the Products or Services, particularly where User Material breaches this section 7, and We may do this with or without giving You any prior notice.
6.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by the Company or other third parties. We may use User Material for Our internal business purposes, for example, to examine trends or categories or to promote, market or advertise the Company. You acknowledge that we may indirectly commercially benefit from use of Your User Material.
6.6 Each time You submit User Material to us, You represent and warrant to us as follows:
(a) You own Your User Material or have the right to submit it, and in submitting it You will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, You have that person’s consent to being identified in exactly that way in Your User Material; and in submitting Your User Material You are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products or Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers.
(i) Except as necessary to maintain Your own computer security by use of commercial, off-the-shelf, antivirus or antimalware products, You will not attempt to probe, scan, or test the vulnerability of the Products or Services or any other Company system or network or breach any security or authentication measures.
6.7 We are entitled to identify You to third parties who claim that their rights have been infringed by User Material You have submitted.
6.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which You have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material You hereby grant the Company an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material You post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to You or to any third party. The Comapny may include Your User Material in Our Distribution Content that is made available to others through the Products or Services. Be aware that the Company has no control over User Material once it leaves the Products or Services, and it is possible that others may duplicate material found on the Products or Services, including, but not limited to, on other sites on the Internet. You represent and warrant that You own or otherwise control the rights to Your User Material. You agree to indemnify the Company and its affiliates for all claims arising from or in connection with any claims to any rights in Your User Material or any damages arising from Your User Material.
6.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of Your use of the Products or Services or User Material that You provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products or Services, You grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to You or to any third party. You also acknowledge that Your Submissions will not be returned to You and that the Company has no obligation to acknowledge receipt of or respond to any Submissions. If You make a Submission, You represent and warrant that You own or otherwise control the rights to Your Submission. You agree to indemnify the Company and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
7. LINKS TO WEBSITES/HOME PAGE
7.1 We may provide links to other websites or services for You to access. You acknowledge that any access is at Your sole discretion and for Your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
7.2 You may link to our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You. The Products and Services must not be framed on any other website, nor may You create a link to any part of the Products or Services unless You have written permission to do so from the Company. We reserve the right to withdraw linking permission with written notice. The website from which You are linking must comply in all respects with the content standards set out in Our acceptable use policy. If You wish to make any use of material on or in the Products or Services other than that set out above, please address Your request to [email protected].
8. PRODUCTS DISCLAIMER
The information contained in the Products and Services is for general information purposes only. While Our goal is to keep the information up-to-date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or Services or the information contained on the Products or Services for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.
9. MEDICAL DISCLAIMER
9.1 The Company is a provider of online and mobile content in the health & wellness space. We are not a health care or medical device provider, nor should Our Products or Services be considered medical advice. Only Your physician or other health care providers can do that. While our content is backed by extensive research, the Company makes no claims, representations or guarantees that the Products or Services provide a physical or therapeutic benefit.
9.2 Any health information and links on the Products and Services, whether provided by the Company or by contract from outside providers, is provided simply for Your convenience.
9.3 Any advice or other materials in the Products or Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on Your individual condition and circumstances. The advice and other materials We make available are intended to support the relationship between You and Your healthcare providers and not replace it. We are not liable or responsible for any consequences of Your having read or been told about such advice or other materials as You assume full responsibility for Your decisions and actions. In particular, to the fullest extent permitted by law, We make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products or Services.
10. END USER LICENSE
10.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 10, and these other Terms, and Your payment of applicable subscription fees, the Comapny grants You a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products and Services.
10.2 The Products and Services contain or embody copyrighted material, proprietary material or other intellectual property of the Company or Its licensors. All right, title and ownership in the Products and Services remain with the Company or Its licensors, as applicable. The rights to download and use the Products and Services are licensed to You and are not being sold to You, and You have no rights in them other than to use them in accordance with this License Agreement and Our other Terms.
10.3 You agree that You will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services;
(b) Use the Products or Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part;
(d) Tamper with the Products or Services or circumvent any technology used by the Company or its licensors to protect any content accessible through the Products or Services;
(e) Circumvent any territorial restrictions applied to the Products or Services; or
(f) Use the Products or Services in a way that violates this License Agreement or the other Terms.
10.4 You may not make the Products or Services available to the public. The Products and Services made available (in whole or in part) are owned by the Company or Its licensors and Your use of them must be in accordance with these Terms.
11. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
11.1 We are committed to complying with copyright and related laws, and We require all users of the Products and Services to comply with these laws. Accordingly, You may not store any material or content on, or disseminate any material or content over, the Products and Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Us by the copyright owner or the copyright owner’s legal agent.
11.2 If You feel that a posted message is objectionable or infringing, We encourage You to contact us immediately at [email protected] with subject line “DMCA”. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
11.3 If You believe that Your work has been copied and posted within the Products and Services in a way that constitutes copyright infringement, please provide Us with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
13. GENERAL TERMS AND CONDITIONS
12.1 Assignment by us
The company may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer Your rights or obligations under these Terms to anyone else. These Terms are personal to You and no third party is entitled to benefit under these Terms except as set out here.
12.2 Indemnity by You
You agree to defend, indemnify and hold the Company and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) Your negligent, reckless, or willful misuse of the Products or Services, (ii) Your placement or transmission of any message, content, information, software, or other submissions through the Products or Services, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by Your negligent or more culpable acts or omissions related to Your use of the Products or Services; or (iv) Your breach or violation of the law or of these Terms. The Company reserves the right, at Its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in defense of such a claim.
12.3 Warranties and limitations
These warranties below gives You specific legal rights, and You may also have other rights which vary from state to state:
(a) We warrant to You that any Product or Service purchased from Us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that We will use reasonable skill and care in making the Products and Services available to You during Your Subscription period.
(c) Notwithstanding anything to the contrary, You assume full responsibility for Your own use of the Products and Services. In no event shall the Company be liable to You, Your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Products or Services other activities You undertake in connection with Your use of the Products and Services, unless caused by the Company’s gross negligence, recklessness, or willful misconduct.
(d) The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
12.4 No waiver
If We delay exercising or fail to exercise or enforce any right available to Us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
12.5 Force majeure
We will not be liable to You for any lack of performance, or the unavailability or failure, of the Products or Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control.
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
12.7 Electronic communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using the Products and Services and Subscriptions, You agree to transact with Us electronically, and that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Products and Services and Subscriptions. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing
In order to retain a copy, please select “Print,” and select the appropriate printer. If You do not have a printer, You can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on Your computer and save the text.
You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at [email protected]. We may charge You a reasonable service charge to mail You a paper copy of any communication. We will either include such service charge on Our fee schedule or We will first inform You of the charge and provide You with the choice as to whether You still want Us to send You a paper copy. Please be sure to state that You are requesting a copy of the particular communication.
To retain a copy, You must either have a printer connected to Your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If You have a word processor or text editor program on Your computer, then You can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
You can also contact us via email at [email protected] with subject line “Unsubscribe” to unsubscribe from further communications. Unsubscribing from communication may impact Your ability to use the Products and Services.
We reserve the right, in Our sole discretion, to discontinue the provision of Your electronic communications, or to terminate or change the terms and conditions on which We provide electronic communications. We will provide You with notice of any such termination or change as required by law.
Unless otherwise specifically indicated, all notices given by You to Us must be given to the Company at [email protected]. We may give notice to You at the e-mail address You provide to Us when You registered, or in any of the ways specified in section 12.7 above. Notice will be deemed received and properly served immediately when posted on the Products or Services or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
12.9 Entire agreement
These Terms and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to their subject matter. We each acknowledge that neither of Us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of Us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
12.10 Third party rights
A person who is not party to these Terms will not, subject to section 11 (DMCA), have any rights under or in connection with these Terms.
12.11 Limitation of the Company’s liability
We will use reasonable endeavors to remedy faults in the Products and Services. If We fail to comply with these Terms, Your sole and exclusive remedies and Our entire obligation and liability to You will in no circumstances exceed the actual amount paid by You for the Products and Services in question. In addition, we will not be liable for:(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by You not being received by Us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control); (ii) any loss or damage due to viruses or other malicious software that may infect Your Device, computer equipment, software, data or other property caused by You accessing, using or downloading from the Products or Services, or from transmissions via emails or attachments received from Us; (iii) any use of websites linked to the Products or Services but operated by third parties.
Notwithstanding anything to the contrary, You assume full responsibility for Your own use of the Products and Services. In no event shall the Company be liable to You, Your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Products or Services or other activities You undertake in connection with Your use of the Products or Services. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected]
All disputes arising out of, relating to, or in connection with these Terms or Your use of the Products and Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that You and the Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Company reserves the right to select the arbitration forum, location, format, date and time and the arbitrator. If the proposed time is not acceptable, then the Company is obligated to provide two (2) additional options from which You may select. The burden of paying costs of the arbitration, including expenses for travel, hiring of an arbitrator, location, additional legal fees, and any other associated costs will be entered as part of the arbitration and liability for paying these expenses will be decided by the arbitrator.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of You and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and the Company.
Except where not permitted by law, You and the Company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, You and the Company elect to have claims and disputes resolved by arbitration. In any litigation between You and the Company over whether to vacate or enforce an arbitration award, You and the Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge in the appropriate jurisdiction.
Where permitted under the applicable law, You and the Company agree that each may bring claims against the other only in Your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor the Company are entitled to arbitration; instead all claims and disputes will be resolved in a court in the appropriate jurisdiction.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective and were last updated on April 14, 2023.
12.13 Governing law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Products and Services. Your use of the Application may also be subject to other local, state, national, or international laws.
12.13 For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
12.14 United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
12.15 United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
12.16 Translation interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
12.17 Changes to these Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Products and Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You may cancel Your subscription in accordance with the most recent previous Terms.
12.18 Contact us
If You have any questions about these Terms and Conditions, You can contact Us by email at [email protected] and We will make every reasonable effort to address Your question in a timely manner.
Last updated: April 14, 2023