THIS IS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE TOGETHER WITH SUBSCRIPTION TERMS CAREFULLY BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR
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 THE CURRENT SUBSCRIPTION PERIOD.
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 TAKE A
SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.
ACCEPTANCE OF TERMS
Mobile application Avrora - Sleep Booster (the "App") and content available via the App or our emails ("Content") are
AV Wellbeing Solutions Limited, a legal entity incorporated under the laws of the Republic of Cyprus, having its mailing address at 6th floor,
av. 90, Vilnius, LT-09303, Lithuania ("we" "us" "our" or the "Company"). The App, together with the
tools, transactions and other services available by using the App, are collectively referred to as the "Service".
Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the "Terms"), which
establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE
other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and
waive any right to receive specific notice of each such change.
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AS WELL AS
THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION
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
IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE
OTHERWISE ACCESS OR USE THE SERVICE.
The Company does not offer or provide any kind of medical advice, health insurance or other healthcare service related to the avoidance,
diagnosis or treatment of any injury, illness, disease or condition (collectively referred to as the "Healthcare Services").
You understand and agree that the Service (and any other information you learn from the App) shall not in any event be considered to constitute
of the Healthcare Services, and is not designed or intended to ascertain the state of your health or to be a substitute of any Healthcare
doctor-patient relationship is created by your use of the Service, and it is solely your responsibility to consult with your own medical and
practitioners about your own physical and mental health (as well as that of any child for whom you are responsible).
Not all activities described in the App are suitable for everyone. The Service is intended only as a tool which may be useful in achieving your
lifestyle goals. You understand that you should consult with a qualified healthcare practitioner in order to determine whether the Service would
and effective for you. You are expressly prohibited from accessing or using the Service against medical advice (if any) or if doing so might
You acknowledge that if your activities encouraged or inspired by the Service involve any risks, you assume those risks and understand and agree
you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born
unborn, as applicable), and all decisions now or in the future.
THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT ANALYSIS REPORTS, HEARRATE MEASUREMENTS, OR OTHER CONTENT ON
THE COMPANY MAKES NO GUARANTEES CONCERNING THE LEVEL OF PRECISENESS YOU MAY EXPERIENCE WHILE TRACKING YOUR HEART RATE USING THE APP. THE DATA
INFORMATION PROVIDED BY THE SERVICE ARE INTENDED TO BE A GENERAL REPRESENTATION OF YOUR METRICS, BUT MAY NOT BE ACCURATE, INCLUDING WITHOUT
WITH RESPECT TO HEART RATE. THE APP IS NOT A MEDICAL DEVICE, AND THE INFORMATION AND DATA PROVIDED BY THE SERVICE ARE NOT INTENDED TO BE
FOR MEDICAL PURPOSES AND ARE NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT ANY DISEASE.
The Company makes no claims, representations or guarantees that the Service will provide a therapeutic benefit, and disclaims any warranties
the security, reliability, timeliness, availability, quality and performance of the content and the Service, and before accessing or using the
and agree to release and discharge the Company from any and all action, known or unknown, arising out of your use of the Service.
In addition to all other limitations and disclaimers in this agreement, to the maximum extent permitted by applicable law, the Company disclaims
liability or loss in connection with the Content or the Service. YOU ARE ENCOURAGED TO CONSULT WITH YOUR CARDOLOGIST OR OTHER RELEVANT
REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data,
content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and
any User Content (as defined below)) is proprietary to us or to third parties.
The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly
these Terms, any use, redistribution, 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, title or interest in or to such intellectual
The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to the App ("User
Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in
registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration
information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the
and as described in these Terms and the
You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and
User Content in connection with the Service.
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to (i) use
Service solely for your personal, non-commercial purposes, and (ii) install and use the App, solely on your own handheld mobile device (e.g.,
iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license,
restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In
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
responsible for your own individual violations of any such laws.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated
(such as computing devices and Internet service provider and airtime charges).
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
a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited
permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without
for the deletion of, or failure to make available to you, any content or services.
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
or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service,
reliance on any information or advice.
The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from
time, at the Company's sole discretion.
APP STORES, THIRD PARTY ADS, OTHER USERS
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
Store, Google Play, and/or other app stores (collectively, "App Stores" and each, an "App Store").
You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is
(and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.
The Service may contain links to third party websites or resources and advertisements for third parties (collectively, "Third Party Ads").
Such Third Party Ads are not under the control of the Company and the Company is not responsible for any Third Party Ads. The Company provides
Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third
Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for
assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's
terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or
before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads that are found on or
App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you
agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of
Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user.
agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute
and any Service user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and
any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any
or conduct of any App Store, any other Service users, or any Third Party Ads.
SUBSCRIPTION FEES AND PAYMENT
The App is free to download. However, certain features of the Service are offered on a subscription basis for a fee. You will pay an App Store
applicable fees (and any related taxes) as they become due. For more information on how you can manage your subscription please read our
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such
changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not wish to pay the new fees, you
cancel the applicable subscription prior to the change going into effect.
You authorize the App Stores to charge the applicable fees to the payment card that you submit.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you
authorize the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period
otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period,
promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in
the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and
prorate fees for a cancelled subscription.
We may offer a free trial subscription for the Service. Free trial provides you access to the Service for a period of time, with details
you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will
continue and you will be billed the applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we do
guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our
discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice
no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we
reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and
may do so
Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have
contact an App Store support.
USER REPRESENTATIONS AND RESTRICTIONS
By using the Service, you represent and warrant that:
you have the legal capacity and you agree to comply with these Terms;
you are not under the age of 16;
you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Service for any illegal or unauthorized purpose;
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
you are not listed on any U.S. government list of prohibited or restricted parties; and
your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future
the Service (or any portion thereof).
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
with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation,
directory without written permission from us;
make any unauthorized use of the Service;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
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
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture,
distribution of any applications, accessories, or devices for use with the Service;
circumvent, disable, or otherwise interfere with security-related features of the Service;
engage in unauthorized framing of or linking to the Service;
interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
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;
use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
that accesses the Service, or using or launching any unauthorized script or other software;
use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
use the Service in a manner inconsistent with any applicable laws or regulations; or
otherwise infringe these Terms.
DISCLAIMER OF WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APP, CONTENT AND OTHER ASPECTS OF
SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT
INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY
OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
LIMITATION OF LIABILITY
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,
SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD
ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT AND USER
AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS
FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
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, affiliates, any related companies, its suppliers, licensors and partners,
officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or
by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Company
reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you
cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and
the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for
with local laws.
MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU
IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A
BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
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
OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM
REPRESENTATIVE OR CLASS PROCEEDING.
YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND
AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS
JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.
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
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
award can be awarded by arbitrators. Please see more information about arbitration at http://www.adr.org.
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
including via e-mail. The Notice to the Company must be addressed to: Florinis, 7, Greg Tower, 2nd floor, 1065, Nicosia, Cyprus (as applicable,
"Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific
sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is
you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court.
THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS.
If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within
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 $1,000 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
payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with
receipt evidencing payment of the filing fee.
The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of
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 intended to streamline the arbitration
reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the
manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or
unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any
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
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION
NULL AND VOID.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity,
determine whether this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to these Terms can
provision against you or us.
Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the
appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All
arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as
to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth
reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of
principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving
commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to
Section 11. Any award rendered shall be final, subject to appeal under the FAA.
The abovestated provisions of this Section 11 shall not apply to any claim in which either party seeks equitable relief to protect such party's
copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a third
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,
only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim arising out of or related to these Terms
Alexandria, Virginia within one (1) year after the claim accrues. Otherwise, such cause of action is permanently and forever barred. This one
period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 11.5 above.
All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section
considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys' fees and reimbursement of
costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.
In the event that we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may
such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case you shall
use of the Service immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of
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
and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising
out of or
related to this Agreement.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS
REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND
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
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
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
PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the
exclusive jurisdiction of:
the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or
the courts of Nicosia, Cyprus – if you are not a resident of the United States;
and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will
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, condition or agreement hereof contained.
Subject to Section 12, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and
and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject
supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by
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
these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and
obligations under the Agreement (unless otherwise is expressly indicated).
All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or
other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically
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
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
INITIATED OR COMPLETED THROUGH THE SERVICE.
In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside
Company's reasonable control.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at:
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 30 March 2021