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Terms and Conditions
Effective Date: 31.11.2024
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES WE PROVIDE (AS DEFINED BELOW), AS THESE TERMS OF SERVICE CONSTITUTE A BINDING CONTRACT BETWEEN US.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 3.19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION AND READ THESE TERMS CAREFULLY.
Changes And Modifications.
We reserve the right to make changes to the Service, including both free and paid features, at any time, with or without prior notice (for instance, you will be able to view any Agreement changes on our website). Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms. If you disagree with the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you.
INTRODUCTION
Thank you for choosing Guru VPN! Before accessing or using our products, please read these Guru VPN Terms of Service (the “Terms” or “Agreement”) carefully. Among other things, the Terms outline in detail what we provide you, our customers, and each of our rights and obligations pertaining to your access and use of ‘Guru VPN’ products, services, applications/apps or other offerings, including any Software (as described below), and any associated documentation (collectively, the “Products” or “Services,” or individually a “Product” or “Service”) that we provide through mobile or desktop applications or websites we operate. By accessing and using our Services, you represent that you have read, understood, and agreed to these Terms, including any applicable policies and additional terms specified herein, which form a binding contract with us.
To help you understand, here is a quick breakdown:
Who are we?
“Guru VPN,” “we,” “us,” or “our” refers to TapGeneration LP, with offices at Suite 4180, Mitchell House, 5 Mitchell Street Edinburgh EH6 7BD, Scotland.
What are these Terms?
These Terms form a binding contract between you and us, governing your use of the Services. Please read them carefully, as they define your rights and obligations.
How do you agree to our terms?
By signing up for or using the Services, you agree to be bound by these Terms.
What is covered by these Terms?
These Terms outline:
Introduction – Overview of the Terms and Agreement.
Commercial Terms – Subscription, billing, renewals, and cancellation policies.
General Legal Terms – User eligibility, dispute resolution, indemnification, and liability.
License Terms – Conditions under which we provide access to the Services.
COMMERCIAL TERMS
1. Subscription. Our Services are generally made available on a subscription basis, which means you subscribe to receive access to Our Services for a set period of time based on your selection at time of enrollment (“Subscription”), which is typically a one month or one year term (“Subscription Term”) in exchange for your payment of the fees that apply to the Subscription Term for the Service you enroll in (“Subscription Fees”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription when you enroll, and thereafter on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription or Subscription Term you select at the time of enrollment. You agree to pay for the Subscription that you select.
2. Automatic Renewals; Cancellation. At the end of each Billing Cycle, your Subscription will automatically renew for an additional Subscription Term at the price or Subscription Fee shown in your account, unless: (a) you or We have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section below.
Subscriptions purchased via Google Play or/and Apple Store are subject to such stores. You should contact the relevant store to cancel such a subscription. We cannot grant refunds in such cases.
Once We or you have canceled your Subscription, your recurring Subscription Fees for the Services will no longer be charged to the payment method We have on file for your account, and your Subscription will remain active only until the end of the then current Subscription Term.
3. We may offer limited-time Free Trials at our discretion. Specific terms will be provided at signup or in promotional materials. Free Trials are available only to users who have not used a Free Trial for the same Service in the past 12 months (or as specified at signup). We reserve the right to modify or cancel Free Trials at any time without notice.
To avoid automatic subscription enrollment and charges, you must cancel at least 24 hours before the trial ends through your account dashboard. We will notify you of applicable fees before charging at the end of the trial period.
4. Fee Changes. We may change the fees that We charge for the Services at any time, at Our sole discretion, provided that We will give you at least thirty (30) days of prior notice of such changes.
If you are using a Free Service, we or the Free Service may deliver Advertisements. You hereby acknowledge and consent that We may deliver Advertisements to overlay a page or as an interstitial. We reserve the right to prevent your access to the Service or continued use thereof if you violate this Agreement, engage in fraud or copyright infringement, or employ an ad-blocking product or other software or mechanism that prevents you from participating in advertising programs, surveys, or other activities that involve delivery of Advertisements or other monetization of the Free Service. For clarity, We do not endorse any information, materials, products, or services contained in or accessible through Advertisements, and the presence of certain Advertisements does not represent or imply our endorsement or support thereof (including the providers of such Advertisement or the content advertised). Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. ANY ACCESS AND USE OF ADVERTISEMENTS, INCLUDING ANY INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS, AND/OR SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS IS SOLELY AT YOUR OWN RISK.
GENERAL LEGAL TERMS
1. Agreement to These Terms. You may only access and use the Service in accordance with these Terms. You represent that you have read, understood, and agree to be bound by these Terms in connection with your access to and/or use of the Services. If you do not agree to these Terms, you may not access or use the Services. By using the Services, you will be deemed to have agreed to these Terms.
2. Eligibility. Our Services are available to users who are Eligible. “Eligible” means that (i) you are 18 years of age, or above the age of legal majority in your jurisdiction of residence, or (ii) if you have not reached the age of legal majority in your jurisdiction, but have the permission of a legal parent or guardian to use the Service. Notwithstanding the foregoing, if you are under 13 years of age, then you are not Eligible and may not use or access the Service at any time, in any manner. By downloading/installing, using, or accessing the Services, you represent and warrant that you are Eligible. Our Services are not available to persons who are not Eligible and will not be made available to any users who were previously suspended, terminated, or removed from the Services by Us.
3. User Accounts, Data, and Passwords. You are fully and solely responsible and liable for the content and data you enter into or process through Our Services. Registration as a user or subscriber to the Services may require both a username and a password. Your account is exclusively for you, and it should not be for use by other third parties for any purpose. Your usernames and passwords should be treated as confidential information. You may not attempt to gain unauthorized access to accounts of other users. Anyone with knowledge of both your username and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account, including your password and whether your password is with Our Services or third-party service. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity that is not lawfully available for your 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. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud, illegal activity, or violation of these Terms, as determined in Our sole discretion.
4. Access. To use Our Services, you must be Eligible, establish a user account, and enroll in a Subscription to the Services. In order to access and use certain Services, you may be required to download and install certain Software on a device. Please refer to Part 4 - License Terms for the terms and conditions applicable to the use of Software. As used in these Terms, “Software” means any mobile, web, and desktop software applications and any other software (including any releases, updates, enhancements, or revisions) and any documentation that accompanies or is made available in connection with such software provided by Us to you for your use of the Services.
5. User Feedback or Submissions. If you provide any feedback, input, suggestions, ideas, and/or reviews or other comments relating to the Services to Us, either directly or through a third-party (such as, but not limited to, the Apple App Store) (“Submissions”), then you grant, to the maximum extent permitted by applicable law, Us and Our affiliated companies a perpetual, irrevocable, worldwide, unlimited, transferrable, sublicensable, royalty-free, and nonexclusive license to access, use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, transform, display, and otherwise exploit your Submission in any media or medium, or any form, format, or forum, whether now-known or hereafter developed, to improve, develop, or market the Services, or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. Any provision of Submissions is voluntary and at your sole discretion. No compensation will be paid with respect to your provision of Submissions or Our use thereof. We are under no obligation to post or use any Submissions you provide and We may remove any Submission at any time in Our sole discretion. By providing Us any Submissions, you represent and warrant that you own (or otherwise control) and have all of the rights or consents to your Submission that are necessary for you to provide it, including intellectual property or other proprietary rights. You agree that: (a) all content of your Submissions must be accurate; (b) you will not provide a Submission that is known by you to be false, inaccurate or misleading, or may be reasonably considered to be defamatory, libelous, hateful, offensive, obscene, unlawfully threatening or unlawfully harassing to anyone, or otherwise illegal; (c) you will not provide a Submission that infringes, misappropriates, or otherwise violates another party’s intellectual property rights or other proprietary rights, including rights of publicity or privacy; (d) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (e) you will not provide a Submission for which you were compensated or granted any consideration by any third party; (f) you will not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (g) you will not provide a Submission that contains any malware or potentially damaging computer programs or files.
You are solely responsible for your Submissions and acknowledge that, once published, We cannot always remove them. Your Submissions are not confidential and shall not be deemed your confidential information, and We do not have any obligation to keep any such material confidential. By providing any Submission, you acknowledge and agree that We will be free to use any details, ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products or services incorporating such information, without restriction. You agree to waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Submissions.
6. Updates. We may, from time to time, develop and provide updates for the Services and Software, which may include upgrades, bug fixes, patches, error corrections, and/or new features, functionality, tools, or content (collectively, “Updates”). Updates may also modify or delete certain features, functionality, tools, or content in their entirety. If you do not download and install the most recent Updates, portions of the Services or Software may not operate properly. You understand and agree We reserve the right to make changes to Our Services or Software and have no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools, or content. All Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
7. Privacy. We respect your privacy and have taken specific steps to protect it. Your submission of personal information is governed by Our privacy policy, located at https://guruvpn.com/policy/, which is hereby incorporated into these Terms by reference (“Privacy Policy”). By accessing and using Our website(s) or Products, you acknowledge that you have reviewed and understand Our Privacy Policy and consent to the practices described therein.
8. Availability of Services; Force Majeure. Due to the nature of the Services, actual coverage, speeds, server locations, and quality of Services may vary. We aim to improve and provide Services at all times, but operation of the Services are dependent on the internet and third-party internet connections, equipment or infrastructure, as well as third party service providers. From to time to time, Services may be not available without a prior notice or Our liability, including when (a) We test, update, expand, add, or remove Our Services, features, functionalities, including those required to reflect changes in relevant laws and regulatory requirements (b) We experience temporary interruptions due to technical difficulties, maintenance or human errors; or (b) Force Majeure Event (as defined below) cause interruption to the Services.
Neither party will be responsible or have any liability for any delay or failure to perform, or inadequacy in performance, to the extent caused by unforeseen circumstances or causes beyond a party’s reasonable control (“Force Majeure Event”), which may include natural disaster (such as earthquake, fire, flood, severe weather, or pandemic), sanctions, embargoes, strikes, labor disturbances, civil unrest or riots, unavailability or delay of suppliers or licensors, riots, acts of terrorism or criminal activity, war, failure or interruption of the internet or related infrastructure, power failures, acts or orders of civil and government authorities, or any other act of God; provided that each party will use reasonable efforts to limit the resulting delay or failure in its performance and the foregoing shall not alleviate any applicable payment obligations.
9. Third-Party Offerings. We may offer, make available, or provide you access to certain third-party content, information, or materials (“Third-Party Content”) and/or products, services, offerings, platforms or websites provided by third parties (“Third-Party Services”), including, but not limited to, through websites that hyperlink to Our website(s), or to which We hyperlink or otherwise make accessible through Our Services (collectively “Third-Party Offerings”). Third-Party Offerings are not provided by Us, and We do not control, or bear any responsibility for Third-Party Offerings, including such third party’s provision of their products, services, content, or offerings, or such third party’s use of any information you may provide them in your access or use of Third-Party Offerings. You understand and agree that your access and use of Third-Party Offerings may be subject to additional terms and conditions that apply between you and the provider of the applicable Third-Party Offering(s), and these Terms will not apply to your use of Third-Party Offerings or your interactions with their providers. How third parties handle and use your information or data collected, processed or used in connection with its Third-Party Offerings is governed by the offering provider’s security, privacy, and other policies, if any, and not Our terms or policies. If you choose to access or use any Third-Party Offerings, including, without limitation, through third-party payment vendors while using the Services, you acknowledge and agree that your data or personal information may be available to the provider(s) of such Third-Party Offering(s). You acknowledge and agree that (a) We are not responsible or liable for (i) the availability, reliability, or functionality of these Third-Party Offerings, including whether any information provided therefrom is complete, accurate, or up-to-date, or (ii) the terms, policies, or practices of such Third-Party Offerings’ providers; and (b) We shall, under no circumstances, be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Offering.
Links to any Third-Party Offering, and the availability, display, or use of any Third-Party Content in the Services, do not imply that We endorse any such Third-Party Offerings, or any affiliation between Us and its provider(s).
Third-Party Content and Advertising
The App may be promoted or advertised through third-party platforms, websites, or services. By using the App, you acknowledge and agree that:
- We are not responsible for the accuracy, legality, or reliability of any third-party content, advertisements, or promotional materials that may have influenced your decision to download or use the App.
- Any claims, offers, or representations made in such third-party content or advertising are solely the responsibility of the third party, and we disclaim all liability arising from your reliance on such information.
Exclusive Terms and Amendments
10. Prohibited Conduct. BY USING THE SERVICES, YOU AGREE NOT TO:
Send or transmit unsolicited advertisements or content (i.e., “spam") over the Services;
Send, post, or transmit over the Services any content (a) that is illegal, hateful, threatening, insulting, deceptive, fraudulent, damaging, libelous, or defamatory, (b) that infringes Our or ant third parties’ intellectual property or other proprietary rights, (c) that invades privacy rights, laws, or regulations, or (d) that incites violence or any unlawful behavior;
Upload, download, post, reproduce, capture, store, retransmit, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner / licensor of the proprietary content;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
Engage in any conduct that restricts or inhibits any other subscriber from using or enjoying the Services;
Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
Attempt to compile, utilize, or distribute a list of IP addresses operated by Us in conjunction with the Services;
Use the Services for any commercial use, it being understood that the Services are for personal, non-commercial use only;
Use the Services if you are not Eligible;
Intentionally interfere with or damage the operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malware or malicious code;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof; or
Remove, circumvent, disable, damage, or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Services.
11. App Store Terms.
If the Software or any Service is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you and your use, in addition to all the other terms set forth in these Terms:
(i) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services.
(ii) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer (you). Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by its applicable customer agreement.
(iii) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(iv) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(v) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
12. VPN Service Specific Terms
Guru VPN provides subscription-based VPN Services to enhance internet security and privacy. Free trials and promotional offers may be available at our discretion.
Subject to compliance with these Terms, you may install and use the Software for personal, non-commercial purposes. Service speed and availability may vary due to internet conditions, and we are not liable for disruptions or data loss.
We do not support or condone illegal activities conducted via the VPN. Violating these Terms, engaging in fraud, or other unlawful actions may result in suspension or termination of access.
If you use third-party websites or services while using our VPN, their terms and privacy policies apply. We are not responsible for third-party content, transactions, or how your data is handled outside our Service.
13. Intellectual Property Rights.
All aspects of the Services and their content, features, and functionality are owned by Us, our affiliates, our licensors, or other content or Third-Party Offering suppliers, and are protected by copyright and other intellectual property laws. As between Us and you, We owns and retains all right, title and interest in and to the Services, (including, for clarity, the Software, and any related offering materials or documentation), including all ownership and Intellectual Property Rights therein. For purposes of these Terms, “Intellectual Property Rights” means all rights in and to: copyrights, patents, trade secrets, trademarks, service marks, trade dress, domain names, databases and other compilations and collections of data or information, any moral rights or rights to publicity and privacy, and other intellectual property anywhere in the world, whether statutory, common law, or otherwise, now known or later created. The details of the limited license under which you are permitted to use the Services or Our offerings are described in these Terms. “GURU VPN” and its logos are federally registered trademarks of TapGeneration LP all rights reserved. All aspects of Our Products and its content, features, and functionality are owned by Us, our licensors, or other service providers or content suppliers, and are protected by copyright and other intellectual property laws. Any rights not expressly granted in these Terms are reserved by Us (or our licensors and suppliers, as applicable).
14. Termination.
Termination by Us. We may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms, or any other unacceptable or objectionable use of the Services, as determined by Us in Our sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that We will not be liable to you or any third-party for any such termination.
If We terminate your access for reasons other than your breach of these Terms during Subscription Term where you are a paid subscriber, you may be entitled to a pro-rated refund of your prepaid Subscription Fees based amount paid in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at Our sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact Us via the Support Email or email address in your account and describe the circumstances relating to the termination or suspension of your access to the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
Termination by You. You may terminate this Agreement, at any time, by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services. However, your responsibility for anyone who obtains, accesses, or uses the Services through you or your account (including the responsibility described in Section 3.2 (User Accounts, Data, and Passwords)) and your obligations under the sections that will survive termination of the Agreement specified in Section 3.22 (Survival) will survive termination for any reason.
14. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold Us (including our affiliates) and Our respective officers, directors, shareholders employees, agents, suppliers, vendors, contractors or subcontractors, resellers, third-party partners, and licensors (collectively, the “Indemnified Parties”) harmless from and against all claims, actions, and proceedings, and any associated losses, damages, liabilities, including legal fees and expenses, arising from or related your use or misuse of the Services, or your breach of these Terms (including of any representations, warranties, and covenants you made herein). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to indemnification upon becoming aware of it.
15. Disclaimers
No Warranties. THE SERVICES AND WEBSITES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS: WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR CONCERNING RESULTS OBTAINED FROM A USER’S USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT (A) YOUR USE OF THE SERVICES, OR ANY RESULTS OR OUTPUT THEREOF, WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY, (B) THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, OR ACHIEVE ANY INTENDED RESULT, (C) THE SOFTWARE OR SERVICES, OR OUTPUT THEREOF, WILL BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE, OR (D) THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO ASSURANCES, REPRESENTATION, OR WARRANTY, WHATSOEVER, REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, RELIABILITY, SUITABILITY, FUNCTIONALITY, SECURITY, AVAILABILITY, PERFORMANCE OF THE SERVICES OR OPERATION THEREOF, INCLUDING ANY CONTENTS, OUTPUTS, OR RESULTS PROVIDED THEREFROM OR THROUGH YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION THEREFROM. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY OFFERING, WHICH ARE PROVIDED AS-IS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY OFFERING IS STRICTLY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY OFFERING PROVIDER. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE EXCLUSIONS AND TERMS MAY NOT APPLY TO YOU. CONSUMER RIGHTS MAY VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION. TO THE EXTENT YOU MAY HAVE CERTAIN RIGHTS UNDER APPLICABLE LAWS IN YOUR JURISDICTION, NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
Also, when using the Services, you understand that information will be transmitted over a medium that is beyond Our control and jurisdiction, or that of Our partners, advertisers, sponsors, or service providers. Accordingly, We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
16. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY INCUR BECAUSE OF YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. IT INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. IT ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY INCUR BECAUSE OF YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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 THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY BODILY HARM THAT RESULTS FROM YOUR ACCESS TO OR YOUR USE OF THE SERVICE.
We acknowledge certain jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, and agree that, to the extent you have additional rights under applicable laws of your jurisdiction, certain of these terms may not apply to you and these terms are not intended to affect your applicable rights.
17. Dispute Resolution; Individual Arbitration.
Please read these terms carefully. It affects your legal rights.
17.1 Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting Us via the Support Email or customer service email address appearing in your account dashboard. If customer service is not able to resolve your concern or complaint to your satisfaction, you agree to give Us a fair opportunity to resolve any complaint, claim or dispute you may have informally and shall provide Us with a written notice of your claim in the manner described in the Notices; Contact Us section, so that We can cooperate with each other to try to address the matter amicably prior to engaging in any formal dispute resolution proceedings.
17.2 In the unlikely event that customer service is unable to resolve a complaint you may have regarding the Services or Us, or We have not been able to resolve a dispute with you after attempting to do so informally, then either party may proceed with formal dispute resolution. If you are a United States based customer or a customer in a jurisdiction where binding arbitration is permitted under applicable law, then you agree any complaint or dispute not informally resolved with Us (including Our service providers, affiliated entities, or Indemnified Parties) shall be resolved through binding arbitration as described in this subsection (B) and the Arbitration Agreement set forth in the following subsection (C). The Arbitration Agreement requires you to resolve all disputes, claims, or controversies (other than those expressly exempted in this Section 3.19) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
17.3 Arbitration Agreement.
Mandatory Arbitration of Disputes. You, on the one hand, and Us (including any of Our service providers, affiliated entities, or Indemnified Parties subject to a claim or dispute), on the other, hereby each expressly agree that any dispute, claim or controversy arising out of or relating to these Terms (including the breach, termination, enforcement, interpretation, applicability, or validity thereof or portions thereof, such as this Arbitration Agreement or any policies incorporated into the Terms by reference) or the Services or use thereof (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Us agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Us are each waiving the right to a trial by jury and the right to participate in a class action. This arbitration provision shall survive termination of these Terms.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Either party may initiate arbitration proceedings. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Exceptions. As limited exceptions to Section 18.C.i. above: (a) each party may seek to resolve a Dispute in small claims court if it qualifies; (b) each party shall retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of Our intellectual property rights; and (c) if you are a customer who resides in a jurisdiction where you have a legal right to opt out of arbitration in accordance with laws applicable to you – you may exercise your legal right to opt out.
If you qualify for the exception stated in subsection (c) herein, you must notify Us of your election to opt out of this Arbitration Agreement in writing in accordance with the requirements set forth in the Notices section within thirty (30) calendar days of becoming subject to the Terms (I.e. within thirty (30) days of first access or using the Services). If you do not opt out of the Arbitration Agreement within such period, you shall be bound by the terms of the Arbitration Agreement and have agreed to arbitrate any Claims you may have, on a non-class, individual basis, in accordance with the terms herein. If you opt out of only the arbitration provisions, and not also the class action waiver set herein, then the class action waiver shall still apply to you. Your opt-out notice must include your legal name and address, the email address you used to set up your account for the Services (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement (and, if applicable and you so wish, that you want to opt out of the class action waiver). Opt-out notices submitted via email will not be effective.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We agree to pay for the applicable fees We are responsible for and will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will be responsible for all of Our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 17.3 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 17.3 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18.4 In the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable, and except any claim properly lodged in a Small Claims Court of the United States (which may be within the county where you reside or in New York, New York), you agree that any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services will be brought in the courts of New York, New York, and you hereby expressly consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity. If you reside in a country (including countries of the European Union) where laws provide consumers the right to bring disputes in their local courts, then, in such cases, mandatory provisions of the local laws of your country of residence shall apply.
The terms of this Section 17 shall survive any termination, cancellation, or expiration of this Agreement.
19. Statute Of Limitations.
You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
20. Notices; Contact Us
Notices.
All notices must be provided in writing and will be deemed given when: (a) personally delivered to recipient, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response.
Any notices you provide to Us must be sent via postal mail, marked to the attention of the Legal Department, and via email to [email protected]
Email alone is insufficient for providing non-routine legal notices, such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Us.
You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from Us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Us in writing of any changes to such details.
Contact Us.
If you have any questions about these Terms or Our Products, you may contact us through our Support Center or Support Email.
21. Governing Law.
These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any provisions that would require the laws of another jurisdiction to apply. UCITA, the UCC, and the UN Convention on Contracts for the International Sale of Goods will not apply. However, some countries (including countries of the European Union) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer's country. In such cases, mandatory provisions of the local laws of your country of residence apply.
22 Miscellaneous.
Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from Us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
Law Enforcement and Public Interest. Nothing contained in these Terms prevent Us from disclosing your information to third parties if We determine that such disclosure is reasonably necessary to: (i) comply with any applicable law, regulation, legal process, or appropriate government request; (ii) protect any person from death or serious bodily injury; (iii) prevent fraud or abuse of the Services or Our users; (iv) protect Our rights, property, safety, or interest; or (v) perform a task carried out in the public interest
No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Us.
Third-Party Beneficiaries. Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
Assignment. These Terms, and any of your rights, licenses, or obligations hereunder, may not be transferred or assigned by you, by operation of law or otherwise, without Our express written consent. We may assign, transfer, or sublicense any or all of Our rights under these Terms without restriction and without notice to you. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon, and inure to the benefit of, the parties’ permitted successors and assigns.
Modification. We may update or make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms on Our Website or through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. It is important that you review these Terms whenever We modify it because your continued use or access of any of the Services after We post any changes, indicates your agreement to the modifications and updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Us in its sole discretion, We will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the email address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services and on Our website(s). Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, then that provision will be limited or eliminated from these Terms to the minimum extent necessary. Unless otherwise expressly provided herein, the invalidity or unenforceability of any eliminated terms will not affect the validity or enforceability of any other remaining provision, all of which will remain in full force and effect.
No Waiver. Any failure to exercise or enforce any right or provision of these Terms will not constitute or operate as Our waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us. Any cause of action arising out of or related to the Service by you against Us must commence within one (1) year after the cause of action accrues.
Interpretation of the Terms. These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. The English language version of these Terms will be the version used when interpreting or construing these Terms, and any notices or other communications in connection with these Terms will be provided in the English language. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of the meaning of any particular provisions. The words “including” and “for example” or “e.g.,” and words of similar import, are not limiting or exclusive and will be deemed followed by “without limitation,” whether or not such language is included. Any rights and remedies provided for in these Terms are cumulative and are in addition to, and not in lieu of, any other rights and remedies available under applicable law.
Entire Agreement. These Terms (including any documents or hyperlinked terms incorporated here by reference) constitute the entire agreement between you and Us concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.