Please read these Terms and Conditions thoroughly and carefully.
This Service involves subscriptions that auto-renew. Please review these terms and conditions of use (the “Terms”) carefully (especially Section 5 “Subscription fees and payment”) before beginning a trial or completing a purchase for our app’s auto-renewing subscription service. To prevent charges, you must cancel your subscription at least 24 hours before the trial or current subscription period ends. Payment for the next period of use is debited 24 hours before the end of the current one. By purchasing a subscription that renews automatically, you consent to its auto-renewal nature and to the terms defined near the purchase point, acknowledging that you need to cancel it to avoid charges.
We strive to provide information regarding our subscription policies at or near the purchase point. Please review these policies before making any purchases. You may want to save a screenshot of this information for your reference.
Our privacy practices are detailed in our Privacy /Notice. Please familiarize yourself with its contents to understand how we collect, use, and share your personal information.
Please note: These terms include a binding arbitration provision in that affects your rights under these terms. The arbitration provision requires disputes to be resolved through arbitration on an individual basis. In arbitration, there is no judge or jury, and appellate review is limited compared to court. Unless you opt out within 30 days of first using our service as outlined in section 8, arbitration is the exclusive venue for all disputes and is mandatory.
1. ACCEPTANCE OF TERMS
1.1 The provisions of these “Terms” govern the relationship between you and XXXXXXX Limited (reg. No. XXXXXX) with its registered office at XXXXXXXXXXXX and/or its affiliates (“we”, “us”, “our”, or the “Company”) for the provision of all information, text, and services available for your use (the “Content”).
1.2 These Terms create a legally binding agreement between you and the Company. Therefore, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. To access or use the Service, you must accept these Terms. If you do not agree to these terms, do not use the Service.
1.4. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service periodically are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.5. Any translation provided from the English version (if any) is for your convenience only. In the event of any discrepancies in meaning or interpretation between the English version of these Terms and any translation, the English version will prevail. The original English text shall be the only legally binding version.
1.6. We may change, modify, supplement, or remove parts of these Terms on this page of the Website from time to time at our sole discretion.
1.7. If any changes to these Terms may impact your use of the Service or your legal rights as a user, we will endeavor to notify you prior to the update’s effective date by sending an email to the email address associated with your account or by other convenient means. Such updates will become effective no less than 14 days from the date of notification.
1.8. Any other changes will be communicated to you only by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.
1.9. If you disagree with the revisions, please cease using the Service, delete your account, or cancel your subscription before the updated Terms take effect. By continuing to use or access the Service after the updates become effective, you agree to be bound by the revised Terms.
1.10. 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 ACCESS OR USE THE SERVICE.
2. IMPORTANT DISCLAIMERS
Our primary concern is ensuring your well-being as you work towards your fitness and wellness goals. We encourage you to act responsibly and use your best judgment and common sense when using our Service.
2.1. Not Medical Advice
2.1.1. THE COMPANY DOES NOT PROVIDE ANY MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE, OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS, WELLNESS, MENTAL HEALTH, OR THE AVOIDANCE, PREVENTION, DIAGNOSIS, OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE, OR CONDITION
2.1.2. THE SERVICE MAY NOT BE SUITABLE FOR EVERY INDIVIDUAL (INCLUDING ANY RECOMMENDATIONS AND INFORMATION PROVIDED THROUGH THE SERVICES THAT MAY SEEM PERSONALIZED) AND DOES NOT REPLACE PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS DESIGNED ONLY AS A TOOL TO HELP YOU REACH YOUR HEALTH, FITNESS, AND WELLNESS OBJECTIVES. YOU RECOGNIZE THAT ENGAGING IN DIET AND EXERCISE ACTIVITIES INVOLVES RISKS, INCLUDING THE POTENTIAL FOR BODILY HARM OR DEATH, AND YOU ACCEPT THESE RISKS. PRIOR TO USING THE SERVICE, YOU AGREE TO RELEASE AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS, KNOWN OR UNKNOWN, RESULTING FROM YOUR USE OF THE SERVICE.
2.1.3. BEFORE USING THE SERVICE, YOU SHOULD CONSULT WITH YOUR DOCTOR OR ANOTHER QUALIFIED HEALTHCARE PROVIDER TO ENSURE IT IS SAFE AND SUITABLE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE IF IT IS CONTRARY TO MEDICAL ADVICE OR IF IT COULD POSE A HEALTH RISK. YOU ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR OWN HEALTH, LIFE, AND WELL-BEING, AS WELL AS THAT OF YOUR FAMILY AND CHILDREN (BOTH BORN AND UNBORN, AS APPLICABLE), AND ANY DECISIONS MADE NOW OR IN THE FUTURE.
2.1.4. BESIDES ALL OTHER DISCLAIMERS AND LIMITATIONS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY FOR LOSS OR DAMAGE CONNECTED WITH THE CONTENT PROVIDED THROUGH THE SERVICE. YOU ARE ADVISED TO CONSULT WITH YOUR PHYSICIAN AND OTHER RELEVANT PROFESSIONALS REGARDING ANY INFORMATION ACCESSED THROUGH THE SERVICE.
2.2. Accuracy
2.2.1. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR INACCURACIES OR ERRORS IN FOOD RECIPES, EDUCATIONAL COURSES, EXERCISES, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF FOOD PRODUCTS, WHETHER ONLINE OR ON THE PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, ALLERGEN INFORMATION, CONTACT DETAILS, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING ANY PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
2.2.2. THE DATA COLLECTED AND PRESENTED THROUGH FLEXKETOLABS DEVICES IS INTENDED TO REFLECT YOUR ACTIVITY.
2.3. Personalization
WE MAY CUSTOMIZE AND ADJUST THE PLANS WE PROVIDE TO YOU BASED ON INFORMATION GATHERED DURING THE ONBOARDING PROCESS. WHILE WE AIM TO MEET YOUR SPECIFIC FITNESS AND WELLNESS GOALS, WE CANNOT GUARANTEE THAT OUR PERSONALIZED PLANS AND OFFERS WILL ACCOUNT FOR ALL INFORMATION PROVIDED DURING ONBOARDING OR THAT THEY WILL BE UNIQUELY DESIGNED FOR YOU. WE STRIVE TO MAKE OUR PERSONALIZED RECOMMENDATIONS ACCURATE AND USEFUL, BUT THEY ARE NOT MEANT TO SUBSTITUTE PROFESSIONAL ADVICE AND SHOULD BE FOLLOWED AT YOUR OWN DISCRETION.
2.4. Individual Results
2.4.1. WE DO NOT GUARANTEE THE LEVEL OF SUCCESS YOU MAY ACHIEVE, AND YOU ACCEPT THAT RESULTS WILL VARY FOR EACH PERSON. TESTIMONIALS AND EXAMPLES PROVIDED ON THE SERVICE REPRESENT EXCEPTIONAL OUTCOMES AND ARE NOT TYPICAL FOR THE AVERAGE PERSON (UNLESS OTHERWISE STATED). THEY ARE NOT INTENDED TO PROMISE THAT ANYONE WILL ATTAIN THE SAME OR SIMILAR RESULTS. THERE IS NO GUARANTEE THAT PAST FITNESS RESULTS CAN BE REPEATED IN THE FUTURE. WE CANNOT ENSURE YOUR FUTURE SUCCESS OR THAT YOU WILL MAINTAIN RESULTS WITHOUT CONTINUING OUR PROGRAMS.
2.4.2. EACH PERSON’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON VARIOUS FACTORS, INCLUDING THEIR BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. RESULTS WILL VARY BASED ON MANY VARIABLES SUCH AS YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. USING THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE, AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.
3. PROFILE REGISTRATION
3.1. To access certain features of the Service, you may need to create a profile (“Profile”) and provide specific information about yourself as prompted by the registration form.
3.2. By registering a Profile, you represent and warrant to the Company that: (i) all required registration information you provide is truthful and accurate; (ii) you will keep this information up-to-date; and (iii) your use of the Service complies with all applicable laws, regulations, and these Terms. If not, the Service may not function properly, and we may be unable to reach you with important notifications.
3.3. The Service is not intended for use by individuals under the age of 18. By using the Service, you represent and warrant that you are at least 18 years old and have the legal right, authority, and capacity to enter into these Terms and comply with all the conditions stated herein.
3.4. The Company reserves the right to suspend or terminate your Profile or access to the Service, with or without notice, if you breach these Terms.
3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to notify the Company immediately of any unauthorized use or suspected unauthorized use of your Profile or any other security breach. The Company is not liable for any loss or damage arising from your failure to comply with these requirements.
4. SERVICE
4.1. You acknowledge that all 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 are owned by us or by third parties.
4.2. Using the Service does not grant you or any third party any rights, title, or interest in these intellectual property rights.
4.3. The information you provide during registration, as well as any text, information, graphics, messages, questions, comments, suggestions, reviews, or other content that you send, email, display, perform, distribute, post, or otherwise transmit to us via the Service (“User Content”), remains your intellectual property, regardless of whether it is publicly posted or privately transmitted.
4.4. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
4.5. You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the aforementioned license, covenants, and restrictions and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. Additionally, you agree to comply with all applicable laws, regulations, and ordinances related to the Service or your use of it and will be solely responsible for any individual violations of such laws.
4.6. You are solely responsible for obtaining the necessary equipment and telecommunication services to access the Service and all associated fees (such as computing devices and Internet service provider and airtime charges).
4.7. We reserve the right to make changes to the Service (whether to free or paid features) at any time, with or without notice. If these changes affect your use of the Service, you may delete your account or cancel your subscription at any time.
4.8. Your access to and use of the Service is at your own risk. The Company is not responsible for any damage to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, resulting from your access to or use of the Service, or reliance on any information or advice provided.
4.9. The Company has no obligation to provide customer support. However, the Company may choose to offer customer support at its sole discretion from time to time.
5. SUBSCRIPTION FEES AND PAYMENT
5.1. The Service is available on a subscription basis for a fee. You may purchase a subscription directly from the Company by either: (1) paying a subscription fee in advance on a recurring interval disclosed to you before your purchase; or (2) prepaying for access to the Service for a specified period (together or separately, “Purchase”).
5.2. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will provide reasonable notice of any such pricing changes by posting the new prices on the website and/or by sending you an email notification, or through other prominent means. If you do not wish to pay the new fees, you may cancel the applicable subscription before the change takes effect or refrain from prepaying for access to the Service.
5.3. You authorize us to charge the applicable fees to the payment card you provide.
5.4. Automatically Renewing Subscriptions. By signing up for certain subscriptions, you agree that your subscription may automatically renew. Unless you cancel your subscription, you authorize us to charge you for the renewal term. The auto-renewal period will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will not exceed the rate for the immediately prior subscription period, excluding any promotional (introductory) and discount pricing, unless we notify you of a rate change before your auto-renewal.
5.5. Subscription Cancellation. Auto-renewal of a purchased subscription can be disabled at any time: email us at [email protected] from the email registered in our website, indicate the email’s subject as “Unsubscribe” and our team will proceed with unsubscription. Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of the then-current period.
5.6. Subscription Trials. We may offer a paid trial subscription for the Service, providing access for a specified period, as detailed when you sign up for the offer. If not stated otherwise, you will purchase the subscription without a trial period.
5.7. Subscription Trial Cancellation. Unless you cancel before the end of the trial period, or unless otherwise stated, your access to the Service will automatically continue, and you will be billed the applicable fees for the Service. Except where otherwise inapplicable or prohibited by law, we reserve the right, at our absolute discretion, to modify or terminate any trial offer, your access to the Service during the subscription trial, or any of these terms without notice and with no liability. We also reserve the right to limit your ability to take advantage of multiple trials.
5.8. 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 may make 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 without notice).
5.9. No Refunds on Subscriptions. Except as provided in clause 5.10 below, you agree that all Purchases are final, the Company will not issue refunds once a transaction is completed, and Purchases cannot be canceled. By making a Purchase, you acknowledge and agree that all transactions are non-refundable and non-exchangeable. However, the Company will issue refunds or allow cancellations in cases required by mandatory provisions of applicable law. The Company may also offer refunds at its discretion, according to our policies which may be updated from time to time.
5.10. If you are a consumer in the EEA or Switzerland, you have the legal right to withdraw from contracts for Service purchases. However, when purchasing a single item of digital content (such as a video or pdf), you agree that the content is provided immediately, and you forfeit your right to withdraw and claim a refund. By subscribing to our Service, which is delivered continuously (such as subscriptions), you expressly request and consent to immediate access to the Service. Therefore, if you exercise your right of withdrawal, we will deduct an amount proportional to the Service provided up to the point you notified us of your withdrawal.
Exercise of the Right of Withdrawal. If you have not forfeited your right of withdrawal, the withdrawal period will expire 14 days after entering the contract. To exercise your right of withdrawal, you must inform us – XXXXXX Limited, XXXXXXXXXXXX, email: [email protected] – of your decision to withdraw from the contract with a clear statement (e.g., a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not required. To meet the withdrawal deadline, you must send your communication indicating your intention to withdraw before the withdrawal period ends.
5.11. Payment Policy. We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and digital payments (PayPal, Apple Pay, Google Pay). All transactions are encrypted and processed through secure gateways. Your card information is never stored on our servers. Kindly ask to ensure that your billing information matches your payment provider’s records to avoid delays. All payments are processed in USD. Be aware of additional charges like currency conversion or international transaction fees imposed by your bank. Your payment card issuer may also charge additional fees for transaction processing or currency conversion. For payment-related inquiries, contact our customer support at [email protected] .
5.12. We may periodically post clear and conspicuous subscription terms on our websites and within the Apps.
6. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION 6 OF THIS AGREEMENT IS REFERRED TO AS THE “ARBITRATION AGREEMENT.”
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF FROM US, INCLUDING:
1. All disputes must be resolved through binding arbitration by a neutral arbitrator.
2. You waive the right to a trial by jury; your rights in court, such as discovery or the right to appeal, may be limited or nonexistent.
3. You can only bring claims in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
4. The arbitrator cannot consolidate claims or preside over any class or representative proceedings.
6.1. Scope of Arbitration Agreement
This arbitration agreement applies to any dispute between you and the Company (including our agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) related to any aspect of the relationship between you and the Company, regardless of the legal theory; this includes claims that arose before these Terms or any prior agreement, and claims that may arise after these Terms terminate (“Dispute”), except for claims that can be brought in small claims court if they fall within that court’s jurisdiction.
Without limiting the preceding, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver by sending an electronic notice to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of (a) the effective date of these Terms, or (b) your first use of the Service that included this version of the Arbitration Agreement, whichever is later. If you opt out, the Company will also not be bound by it, and any Dispute will be resolved according to Section 11. If you do not opt out, you waive the right to litigate any Dispute, except claims that can be brought in small claims court.
This Arbitration Agreement applies to all claims that arose or were asserted before the effective date of these Terms or any prior version. The arbitrator has the sole authority to determine the applicability, existence, validity, and termination of the Arbitration Agreement. If a dispute involves both arbitrable and non-arbitrable issues, any legal proceedings on the non-arbitrable issues will be stayed until the arbitrable issues are resolved.
6.2. Initial Dispute Resolution
We aim to resolve disputes amicably and efficiently. Therefore, before either party demands arbitration, we will personally meet and confer via phone or videoconference to resolve any claim informally.
If you have a dispute with the Company, you agree to contact us at [email protected] or at XXXXXX Limited, XXXXXXXXXXXXX, providing a brief, written description of the dispute and your contact information. Both parties will use their best efforts to resolve the dispute through consultation with the Company. Good faith negotiations are a condition precedent to initiating arbitration. The Arbitrator will dismiss any arbitration demand filed before completing informal dispute resolution. The statute of limitations and any filing fee deadlines will be tolled during the informal dispute resolution process.
6.3. Mandatory Arbitration
This arbitration agreement mandates that all Disputes be resolved through BINDING ARBITRATION, except where applicable law prohibits exclusive arbitration for dispute resolution.
YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION AND AGREE TO HAVE DISPUTES FINALLY RESOLVED BY BINDING ARBITRATION before one arbitrator administered by:
– The London Court of International Arbitration (“LCIA”). Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx.
The applicable arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the arbitration rules and these Terms, these Terms will govern unless otherwise agreed by the parties and the arbitrator.
If the chosen arbitration administrator is unavailable, the parties will select an alternative arbitral forum.
7. USER REPRESENTATIONS AND RESTRICTIONS
7.1. By using the Service, you affirm and guarantee that:
1. You have the legal capacity to agree and comply with these Terms;
2. You are at least 18 years of age;
3. You will not access the Service using automated or non-human methods, such as bots, scripts, or other automated processes;
4. You will not use the Service for any illegal or unauthorized activities;
5. You are not located in a country that is under a U.S. or UK government embargo or designated by the U.S. or UK government as a “terrorist-supporting” country;
6. You are not listed on any U.S. or UK government list of prohibited or restricted parties; and
7. Your use of the Service will comply with all relevant laws and regulations.
7.2. If you provide any false, inaccurate, outdated, or incomplete information, we reserve the right to deny any and all current or future use of the Service (or any portion thereof).
7.3. You may not access or use the Service for any purpose other than what we provide it for. The Service cannot be used in connection with any commercial activities except those specifically authorized or approved by us.
7.4. When communicating with our customer care representatives, please maintain a respectful and courteous manner. If your behavior towards any of our customer care representatives or other employees is deemed threatening, harassing, or offensive at any time, we reserve the right to terminate your account immediately.
8. ADDITIONAL DISCLAIMER OF WARRANTIES
8.1. Basic Disclaimers of Warranties. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS ALSO INCLUDES ANY WARRANTIES REGARDING PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE. In particular, the released parties make no warranties that:
1. The Service will fulfill your requirements,
2. The Service will be uninterrupted, timely, secure, or free of errors,
3. The results obtained from using the Service, including data, will be accurate or reliable,
4. The quality of any data or service obtained through the Service will meet your expectations, and
5. Any errors in the Service will be corrected. Any material you download or obtain through the Service is accessed at your own discretion and risk, and you are solely responsible for any damage to your computer system or mobile device, or loss of data, that results from the download or use of any such material. We make no guarantees and do not promise any specific results from the use of the Service. You also accept the risk of service interruptions for any technical reasons.
8.2. No Professional Advice Any statements made on the Service are for informational and entertainment purposes only and are not intended to replace professional financial, medical, legal, or other advice. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any liability related to your reliance on the statements or other information provided through the Service. If you have specific concerns or require professional or medical advice, you should consult a qualified specialist.
8.3. Modifications to Website Information and Service We reserve the right to change any information provided on the Service at our discretion without notice. We may modify or discontinue, temporarily or permanently, the Service (or any part of it) at any time at our sole discretion with or without notice.
8.4. These Terms do not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
9. LIMITATION OF LIABILITY
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS AND USE OF THE SERVICE. THESE LIMITATIONS ON DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.
10. INTERNATIONAL USE
10.1. The Company does not guarantee that the Service is accessible, appropriate, or legally available for use in all jurisdictions. Accessing and using the Service is prohibited from regions where it is illegal. You access the Service on your own initiative and are responsible for compliance with local laws.
11. GOVERNING LAW AND VENUE
11.1. These Terms shall be governed by the laws of England and Wales, excluding its conflict of law principles.
11.2. To the extent that any dispute under these Terms is not submitted to arbitration, both parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising from or in connection with these Terms. Therefore, any proceedings must be brought in these courts.
12. MISCELLANEOUS PROVISIONS
12.1. No delay or omission by us in exercising any of our rights in the event of your noncompliance or default with these Terms will impair any such right or be construed as a waiver. A waiver by the Company of any breach of the Terms will not be deemed a waiver of any subsequent breach.
12.2. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The Terms will be modified to be valid and enforceable while reflecting the intent of the parties as closely as possible.
12.3. Except as expressly provided herein, these Terms constitute the entire agreement between you and the Company regarding the subject matter and supersede all prior agreements, promises, or representations, whether written or oral.
12.4. The Company may assign or transfer its rights and obligations under these Terms to any other entity in any manner, including by novation. By accepting these Terms, you consent to any such assignment or transfer. Posting a version of these Terms on the Service indicating another entity as a party to the Terms will serve as valid notice to you of the transfer, unless otherwise expressly stated.
12.5. The Company is not liable for any failure to comply with these Terms if such failure results from factors outside the Company’s reasonable control.
13. CONTACT
If you need to send any notice under these Terms or have any questions about the Service and Products, you can contact us at: [email protected]
For legal inquiries, contact us at [email protected]
For privacy inquiries, contact us at [email protected]
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 05 July 2024
© Flexketolabs 2024 All rights reserved.