TERMS OF SERVICE
THIS SERVICE INCLUDES SUBSCRIPTIONS THAT AUTOMATICALLY
RENEW. PLEASE READ THESE TERMS OF SERVICE CAREFULLY (IN PARTICULAR, SECTION 5 “SUBSCRIPTION FEES AND PAYMENT”) BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR OUR APP’S AUTO-RENEWING SUBSCRIPTION SERVICE. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL IN YOUR APP STORE’S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THEN-CURRENT
IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE SUPPORT WEBSITE, GOOGLE PLAY HELP (OR ANY OTHER APP STORES SUPPORT PAGES). DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO MAKE A PRINTSCREEN OF THIS INFORMATION FOR YOUR REFERENCE.
1. ACCEPTANCE OF TERMS
1.1. Mobile application ACE DATE – Live. Chat. Meet (the "App") and
available via the App ("Content") are distributed by ACESOFT LIMITED, a company registered in Cyprus
registered office at Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia, Cyprus) ("we" "us" "our" or
"Company"). The App, together with the Content, tools, transactions and other services available by
App, are collectively referred to as the "Service".
1.2. Your access and use of the Service constitutes your agreement to be
bound by these
Terms of Service (the "Terms"), which establishes a legally binding contractual relationship between
you and the
Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.4. Unless otherwise expressly provided herein, we will alert you about
any changes by
updating the "Last updated" date of these Terms and you waive any right to receive specific notice
of each such
1.5. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF
(SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A
RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION
UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 11,
ARBITRATION IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION
1.6. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT
AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE
2. IMPORTANT DISCLAIMERS
2.1. WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
2.2. WE FURTHER MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY
IN THE COURSE OF YOUR EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH
TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH MAY NOT
APPLY TO AN
AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR
3.1. You acknowledge that all the text, images, marks, logos, compilations
collection, arrangement and assembly of information), data, other content, software and materials
the Service or used by the Company to operate the Service (including the App and the Content and
User Content (as defined below)) is proprietary to us or to third parties.
3.2. The Company expressly reserves all rights, including all intellectual
rights, in all of the foregoing, and except as expressly permitted by these Terms, any use,
sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is
prohibited. The provision of the Service does not transfer to you or any third party any rights,
interest in or to such intellectual property rights.
3.4. Each user of the Service is solely responsible for any and all his or
Content. Because we do not control the User Content, you acknowledge and agree that we are not
any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality
of any User
Content, and we assume no responsibility for any User Content. Your interactions with other Service
solely between you and such user. You agree that the Company will not be responsible for any loss or
incurred as the result of any such interactions. If there is a dispute between you and any Service
user, we are
under no obligation to become involved.
However, we encourage you to report all inappropriate User Content either by contacting our support
team at email@example.com or by using “Report” and “Block” buttons in the user’s profile or while video
3.5. You hereby release us, our officers, employees, agents and successors
demands any and all losses, damages, rights, claims, and actions of any kind including personal
and property damage, that is either directly or indirectly related to or arises from any
interactions with or
conduct of any App Store and/or any other Service users.
3.6. You grant the Company the non-exclusive, worldwide, transferable,
irrevocable license to publish, distribute, publicly display and perform the User Content in
connection with the
3.7. Subject to these Terms, the Company grants you a non-transferable,
license (without the right to sublicense) to (i) use the Service solely for your personal,
purposes, and (b) install and use the App, solely on your own handheld mobile device as
solely for your personal, non-commercial purposes.
3.8. You agree, represent and warrant that your use of the Service, or any
thereof, will be consistent with the foregoing license, covenants and restrictions and will neither
violate the rights of any other party or breach any contract or legal duty to us or any other
addition, you agree that you will comply with all applicable laws, regulations and ordinances
relating to the
Service or your use of it, and you will be solely responsible for your own individual violations of
3.9. You are solely responsible for obtaining the equipment and
services necessary to access the Service, and all fees associated therewith (such as computing
Internet service provider and airtime charges).
3.10. We retain the right to implement any changes to the Service (whether
to free or
paid features) at any time, with or without notice. You acknowledge that a variety of Company's
impair or prevent you from accessing the Service at certain times and/or in the same way, for
limited periods or
permanently, and agree that the Company has no responsibility or liability as a result of any such
results, including, without limitation, for the deletion of, or failure to make available to you,
any content or
3.11. Your access to and use of the Service is at your own risk. The
Company will have
no responsibility for any harm to your computing system, loss of data, or other harm to you or any
including, without limitation, any bodily harm, that results from your access to or use of the
reliance on any information or advice.
3.12. The Company may provide you with customer support.
4. APP STORES
4.1. You acknowledge and agree that the availability of the App is
dependent on the
third party from which you received the App, e.g., the Apple App Store, Google Play, and/or other
(collectively "App Stores" and separately an "App Store").
4.2. You agree to pay all fees charged by the App Stores in connection with
You agree to comply with, and your license to use the App is conditioned upon your compliance with,
that the App
Stores (and their subsidiaries) are third parties beneficiaries of these Terms and will have the
enforce these Terms.
5. SUBSCRIPTION FEES AND PAYMENT
5.1. The App is free to download. However, certain features of the Service
offered on a subscription basis for a fee. You may purchase a subscription through an App Store
either by paying
a subscription fee in advance on a recurring interval disclosed to you prior to your purchase
5.2. To the maximum extent permitted by applicable laws, we may change
Purchase fees at
any time. We will give you reasonable notice of any such pricing changes by posting the new prices
on or through
the App and/or by sending you an e-mail notification, or in other prominent way. If you do not wish
to pay the
new fees, you can cancel the applicable subscription prior to the change going into effect.
5.3. You authorize the App Store to charge the applicable fees to the
payment card that
5.4. By signing up for certain subscriptions, you agree with our Subscription Terms with constitute an integral part of these Terms.
6. USER REPRESENTATIONS AND RESTRICTIONS
6.1. By using the Service, you represent and warrant that:
6.1.1. you have the legal capacity and you agree to comply with these Terms;
6.1.2. you are not under the age of 18 or other age of majority applicable in your jurisdiction;
6.1.3. you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
6.1.4. you will not use the Service for any illegal or unauthorized purpose;
6.1.5. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
6.1.6. you are not listed on any U.S. government list of prohibited or restricted parties; and
6.1.7. your use of the Service will not violate any applicable law or regulation.
6.2. If you provide any information that is untrue, inaccurate, not
incomplete, we have the right to refuse any and all current or future use of the Service (or any
6.3. You may not access or use the Service for any purpose other than that
for which we
make the Service available. The Service may not be used in connection with any commercial endeavors
that are specifically endorsed or approved by us.
6.4. As a user of the Service, you agree not to:
6.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
6.4.2. make any unauthorized use of the Service;
6.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
6.4.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6.4.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
6.4.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
6.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
6.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;
6.4.9. engage in unauthorized framing of or linking to the Service;
6.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
6.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
6.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
6.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
6.4.14. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
6.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
6.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
6.4.17. use the Service in a manner inconsistent with any applicable laws or regulations;
6.4.18. demonstrate nudity or sexually explicit content, encourage or engage into prostitution and trafficking;
6.4.19. engage, or encourage others to engage, in any targeted abuse or harassment against any other user;
6.4.20. upload, uphold or distribute in any way violent, graphic, or gory content, or any
actions or content that advocate for or threaten violence of any sort, including threatening or
promoting terrorism, physical assault, coercion, hate speeches and any other acts of violence;
6.4.21. engage into or encourage spam or scamming;
6.4.22. engage into soliciting of users, including advertising or promoting your or third-party’s
event, business, non-profit, political campaign, contest, application, website etc.;
6.4.23. pretend to be another person, create fake account or otherwise misrepresent affiliation,
connection or association with any person or entity;
6.4.24. publicly broadcast any private information, whether yours or not, including social
security numbers, passports, passwords, financial information or unlisted contact information,
such as phone numbers, email addresses, home/work address; or
6.4.25. otherwise infringe these Terms.
6.5. Your access to and use of the Service must, at all times, be compliant
with the requirements of these Terms.
We reserve the right, at any time and without prior notice, to permanently
or temporarily remove or suspend your access to the Service if in our sole opinion your content,
actions or behavior violates or potentially violates these Terms, including requirements of this clause 6
, third party rights (including intellectual property rights), applicable laws or regulations or
is otherwise harmful to the Service, our users or third-parties.
6.6. You can and we encourage you to report all violations of these Terms, including this
clause 6, or any other inappropriate behavior you see while using our Service.
You have several options how to make a report: 1) by contacting our support team at firstname.lastname@example.org;
2) by using “Report” and “Block” buttons in the user’s profile or while video chatting.
7. DISCLAIMER OF WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND
AVAILABLE". THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS
AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY,
RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE;
DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
(IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
8. LIMITATION OF LIABILITY
8.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR
ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), EVEN IF
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE
AND USER CONTENT) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR
COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
8.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE
AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP,
SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE.
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN
8.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND
YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold the Company, its successors, subsidiaries,
any related companies, its suppliers, licensors and partners, and the officers, directors,
employees, agents and
representatives of each of them harmless, including costs and attorneys' fees, from any claim or
demand made by
any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or
violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive
control of any matter for which you are required to indemnify us and you agree to cooperate with our
these claims. You agree not to settle any matter without the prior written consent of the Company.
will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
10. INTERNATIONAL USE
The Company makes no representation that the Service is accessible,
legally available for use in your jurisdiction, and accessing and using the Service is prohibited
territories where doing so would be illegal. You access the Service at your own initiative and are
for compliance with local laws.
11. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
11.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE
THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING
THE RIGHT TO
A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT
MAY BE MORE LIMITED OR MAY NOT EXIST.
11.2. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY
AND NOT AS
A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY
FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
11.4. Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and is subject to very limited review by courts. The same damages and relief that a court can award can be awarded by arbitrators. Please see more information about arbitration at http://www.adr.org.
11.5. A party which intends to seek arbitration must first send to the
other a written
notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism,
or, in the
absence of a mailing address provided by you to us, via any other method available to us, including
The Notice to the Company must be addressed to: Acesoft Limited, Florinis 7, Greg Tower, 2nd floor,
Nicosia, Cyprus (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the
nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and
do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you
or we may
commence an arbitration proceeding as set forth below or file an individual claim in small claims
11.6. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY
ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR
RELATED DISPUTES (the "Rules"), AS MODIFIED BY THESE TERMS.
11.7. If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,fff or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.
11.8. The arbitration shall be conducted exclusively in English. A single,
and impartial arbitrator with his or her primary place of business in Alexandria, Virginia (if you
are from the
United States) or in Nicosia, Cyprus (if you are not from the United States) will be appointed
pursuant to the
Rules, as modified herein. You and the Company agree to comply with the following rules, which are
streamline the arbitration process and reduce the costs and burdens on the parties: (i) the
arbitration will be
conducted online and/or be solely based on written submissions, the specific manner to be chosen by
initiating the arbitration; (ii) the arbitration will not require any personal appearance by the
witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the
arbitrator renders may be entered in any court of competent jurisdiction.
11.9. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE
THAT YOU AND
THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE
UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
11.11. Barring extraordinary circumstances, the arbitrator will issue his
or her final,
confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may
time limit for an additional 30 days upon a showing of good cause and in the interests of justice.
arbitration proceedings will be closed to the public and confidential, and all records relating
thereto will be
permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The
award of the
arbitrator will be in writing and will include a statement setting forth the reasons for the
disposition of any
claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its
laws principles in conducting the arbitration. You acknowledge that these terms and your use of the
evidences a transaction involving interstate commerce. The United States Federal Arbitration Act
govern the interpretation, enforcement, and proceedings pursuant to this Section 11. Any award
rendered shall be
final, subject to appeal under the FAA.
11.12. The abovestated provisions of this Section 11 shall not apply to any
which either party seeks equitable relief to protect such party's copyrights, trademarks, patents,
intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a
breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek
injunctive or other
equitable relief against us, and your only remedy will be for monetary damages, subject to the
liability set forth in these Terms.
11.14. All claims you bring against the Company must be resolved in
this Section. All claims filed or brought contrary to this Section shall be considered improperly
you file a claim contrary to this Section, the Company may recover attorneys' fees and reimbursement
costs, provided that the Company has notified you in writing of the improperly filed claim, and you
promptly withdraw such claim.
11.15. In the event that we make any material change to this arbitration
(other than a change to our Arbitration Notice Address), you may reject any such change by sending
notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your
your license to use the Service will terminate immediately, and this Section, as in effect
immediately prior to
the amendments you reject, will survive the termination of these Terms.
11.16. If only clause 11.9 paragraph above or the entirety of this Section
11 is found
to be unenforceable, then the entirety of this Section 11 will be null and void and, in such case,
agree that the exclusive jurisdiction and venue described in Section 12 will govern any action
arising out of or
related to this Agreement.
11.17. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A
HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND
11.18. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO email@example.com OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
12. GOVERNING LAW
12.1. The laws of the Republic of Cyprus, excluding its conflicts of law
these Terms and your use of the Service.
12.2. To the extent that any action relating to any dispute hereunder is
be brought in a court of law, such action will be subject to the exclusive jurisdiction of:
12.2.1. the state and federal courts in the City of Alexandria, Virginia
– if you
are a resident of the United States; or
12.2.2. the courts of the Nicosia, Cyprus – if you are not a resident
and you hereby irrevocably submit to personal jurisdiction and venue in
and waive any defense of improper venue or inconvenient forum.
13. MISCELLANEOUS PROVISIONS
13.1. No delay or omission by us in exercising any of our rights occurring
noncompliance or default by you with respect to these Terms will impair any such right or be
construed to be a
waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be
you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant,
agreement hereof contained.
13.2. Subject to Section 11, if any provision of these Terms is found to be
unenforceable, then these Terms will remain in full force and effect and will be reformed to be
enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
13.3. Except as otherwise expressly provided herein, these Terms set forth
agreement between you and the Company regarding its subject matter, and supersede all prior
or representations, whether written or oral, regarding such subject matter.
13.4. The Company may transfer or assign any and all of its rights and
under these Terms to any other person, by any way, including by novation, and by accepting these
Terms you give
the Company consent to any such assignment and transfer. You confirm that placing on the Service of
a version of
these Terms indicating another person as a party to the Terms shall constitute valid notice to you
transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly
13.5. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
13.6. In no event shall the Company be liable for any failure to comply
Terms to the extent that such failure arises from factors outside the Company's reasonable
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: firstname.lastname@example.org.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED
Last Updated: 11 November 2020