Terms and Conditions

This Agreement contains a class action waiver and requires the use of individual arbitration to resolve disputes, not a jury trial.

These Terms of Service (the "Terms") govern your use of The Worka HQ, a product by Leom Technologies LTD ("the Company"). service, which is available through the product website at https://worka.ng (the "Website") and software applications, including the "The Worka HQ" application (each, an "App" and, collectively, "Apps") that help you schedule, manage, and complete certain household chores and errands (the "Service"). You acknowledge that you have read and understood these terms and agree to be bound by them by clicking the "I accept" button, completing the registration process, browsing our Website, downloading and installing the App, or using the Service by clicking the "I accept" button, completing the registration process, browsing our Website, downloading and installing the App, or using the Service. If this is not the case, do not install the apps or use the website or service.

CAREFULLY READ THESE TERMS OF USE. YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (2) THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT BY ACCESSING, BROWSING, OR USING THE WEBSITE OR SERVICE, CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION YOU MAY NOT ACCESS OR USE THE WEBSITE, APP, OR SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE.

1. The Worka HQ

Generally, the service allows you to schedule, manage, and have various domestic chores and other errands completed on your behalf. You will be allocated one or more individuals (each, a "Keeper") who will do those chores (such as picking up your laundry, delivering meals, or home cleaning) requested by you via the service after you have subscribed to a plan. You must enter the relevant information as requested by the Service to schedule or get a service done. You agree that any information you provide when subscribing is true, accurate, current, and complete and that you will update all such information as necessary to keep it accurate, current, and complete.

Applications from Third Parties The Service may need to access certain third-party software applications on your mobile device ("Third Party Apps") and the accounts associated with such Third Party Apps in order to complete certain tasks. You expressly consent to and authorize the company to access and use those third-party apps that you designate, including any associated accounts, on your behalf to the extent necessary to provide the service and complete the tasks. You acknowledge and agree that your use of third-party apps is governed by the applicable terms and conditions ("Third Party Terms") and that you are bound by those Third Party Terms. You also understand and agree that the company has no control over, and cannot be held liable for, any third-party app, its products, or services. As a result, the company disclaims any and all warranties and liabilities relating to third-party apps, as well as their products and services.

2. REGISTRATION

a. User Accounts

You must register and create an account ("Account") to use certain features of the service. You must be at least 18 years old to register for an account. You will be asked to create login credentials by providing certain types of personal information ("Login credentials") when you create your account. Please read our Privacy Statement for more information on the types of personal information we'll collect to create your Login CrWorktials and Account. When you register for the Services, you agree to: (1) provide true, accurate, current, and complete information about yourself as prompted by the Services' registration form ("Registration Data"); (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (3) that you have a legitimate interest in the property you are providing the keeper access to (your residence), and that you have all necessary permission from other persons. You are solely responsible for all activities that occur using your login credentials and for keeping them confidential. You agree that your login credentials will never be used by a third party. Any username and password that we reasonably believe has been used by an unauthorized third party will be terminated. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the services if you have been previously removed by the company, or if you have been previously banned from any of the services.

b. Third Party Accounts

Depending on the version of the App you are using, you may also link your Account with certain third-party social networking services, including Facebook, and other Third-Party Apps (each a "Third-Party Account") by (i) providing us with your Third-Party Account login information; or (ii) allowing us access to your Third-Party Account if permitted by the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the authority to provide us with your Third-Party Account login information and/or grant us access to your Third-Party Account without violating any of the terms and conditions that govern your use of the applicable Third-Party Account, without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE AND OTHER SOFTWARE APPLICATION PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE AND SOFTWARE APPLICATION PROVIDERS.

c. Keys, We may need access to your home in order to provide certain services, such as cleaning or putting groceries in the refrigerator. You may provide a set of keys to your residence, as well as any other information reasonably required to perform the tasks, to your assigned Keeper upon registration or request.

3. LICENSES AND RESTRICTIONS

a. License

Subject to the terms and conditions herein, Company grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad, or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any other similar store or marketplace (each, an "App Store" and collectively, "App Stores"), You agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store's "Usage Rules") (the "Usage Rules") if references to an App Store include the corporate entity and its subsidiaries making such an App Store available to you.

b. Certain Limitations

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, Apps, back-end databases or Services (collectively, the “Company Properties”) or any portion of the Company Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company You You agree not to use the company properties for any illegal or unlawful purpose. Any unauthorized use of the company's properties will result in the company's licenses being revoked.

c. Updates

All updates and upgrades to the App will be governed by the version of these Terms that the Company has published as of the date you install the update or upgrade. You acknowledge that we are under no obligation to create or provide any support, corrections, updates, upgrades, bug fixes, or enhancements to the App or the Service. Any rights not expressly granted are reserved in this document.

4. OWNERSHIP RIGHTS AND LICENSES

The company properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the "Company Content"), are and shall remain the sole property of the company, and are protected under U.S., Nigerian, and international copyright and trademark laws. Other trademarks, logos, and images used in our service are the property of their respective owners (each an "Owner"), who may or may not be affiliated with, connected to, or sponsored by the company.

5. SUBSCRIPTION FEES AND PAYMENT TERMS

a. Service Subscription Fees

At the time you create your account and select your monthly, daily, or weekly plan, as applicable (each, a "Service Commencement Date"), you will be responsible for payment of any applicable fees for any Services (each, a "Service Subscription Fee"). All task and service fees are non-refundable. Until the company confirms your order via email, text message, the App, or other appropriate means of communication, you and the company will not have a contract for the services.

b. Payment

You agree to pay all fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time the fee or charge is due. We work with Paystack to handle payments; by using our service, you agree to provide Paystack with a valid debit or credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider"), as well as agree to Paystack's [Terms of Service] (https://paystack.com/terms). Your use of the designated debit or credit card is governed by your Payment Provider agreement, and you must refer to that agreement rather than the terms to determine your rights and liabilities. You agree that by providing Paystack with your debit or credit card number and associated payment information, the company is authorized to immediately invoice your account for all fees and charges due and payable to the company hereunder, with no further notice or consent required. If the debit/credit card used for payment hereunder changes, you agree to update your payment information in Paystack as soon as possible. The company reserves the right to change its prices and billing methods at any time, either immediately by posting them on the company's websites or by sending you an email.

c. Automatic Renewal

Your subscription will continue indefinitely until terminated in accordance with the terms. After your initial subscription period, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. You agree that your account will be subject to this automatic renewal feature until you cancel your subscription at any time prior to the renewal commencement date by contacting us via email ([email protected]). If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please contact us via email ([email protected]). If you cancel your subscription, you can keep it until the end of your current subscription term; after that, it will not be renewed. You will not be entitled to a prorated refund of any portion of the subscription fee paid for the current subscription period. By subscribing, you give the Company permission to charge your Payment Provider now and at the start of each subsequent subscription period. If the Company does not receive payment from your Payment Provider upon renewal of your subscription, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated, and for purposes of automatic renewal, your new subscription commitment period will begin).

d. Taxes

The fees charged by the Company are net of any applicable sales tax. If any services or payments for services under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for paying the applicable Sales Tax to the relevant tax authority, as well as any related penalties or interest, and you will indemnify the Company for any liability or expense we may incur as a result of such Sales Taxes. You must provide us with official receipts issued by the appropriate taxing authority, or other proof that you have paid all applicable taxes, upon our request. For purposes of this section, "Sales Tax" means any sales or use tax, as well as any other tax based on sales proceeds, that the Company is permitted to pass on to its customers and that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not impose one.

e. Free Trials and Other Promotions

Any free trial or other promotional offers that gives users access to the Services must be used within the trial period. Your use of that Service will expire at the end of the trial period, and you will not be able to use it again unless you pay the applicable subscription fee. If you are charged for a subscription by mistake, please contact the Company immediately to have the charges reversed.

6. COMMUNICATIONS

The Company reserves the right to contact you from time to time for feedback on the Services, including feedback and reviews on our service, as well as support issues. We reserve the right to communicate with you via email and text messages, as well as notices posted on the Website or in your Account. Regardless of whether you read any of the notices, they will be deemed effective at the time they are sent by the Company or the date they are posted.

7. CODE OF CONDUCT

Due to the personalized nature of the Services, you may have personal interactions with us from time to time. You acknowledge that our Keepers are human beings who deserve your respect, and that your continued use of the services is conditional on your continued adherence to the following code of conduct ("Code of Conduct"): The goal of this Code of Conduct is to ensure that all people are treated fairly: to ensure the safety, comfort, and enjoyment of all involved, including you and the Keeper, when you use the Services. As a result, you agree not to: (i) physically harm, threaten to harm, or create a condition that endangers the health and safety of any worker assigned to you; (ii) make or attempt any unwanted sexual advance or statement to our assigned Keeper; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against the Keeper; or (iv) use any vulgar or obscene language or ot Any violation of our Code of Conduct will be considered a material breach of these Terms, and the Company will be free to terminate your account as well as your access to and use of the Services.

8. NO WARRANTY

THE COMPANY PROPERTIES, SERVICES, THE KEEPER, AND ANY COMPANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY PROPERTIES, SERVICES, THE KEEPER, AND ANY COMPANY CONTENT. THE COMPANY MAKES NO WARRANTY THAT THE COMPANY PROPERTIES, KEEPER, OR ANY COMPANY CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE COMPANY PROPERTIES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS IN THE COMPANY PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. A WARRANTY CANNOT BE CREATED BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES ON THE BASIS OF ORAL OR WRITTEN INFORMATION OR ADVICE. EXCLUDING THE COMPANY’S OR ITS KEEPERS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF THE COMPANY AND ITS KEEPERS, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY UTILIZE THIRD-PARTY APPS, AND OTHER THIRD-PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES AND THAT THE COMPANY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD-PARTY APPS OR THIRD-PARTY SERVICE PROVIDERS. ACCORDINGLY, THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD-PARTY APPS AND THIRD-PARTY SERVICES.

9. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES, ANY COMPANY CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THE KEEPERS, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

10. KEYS

Our assigned Keeper will need access to your home in order to perform certain tasks, such as house cleaning or grocery delivery. You may provide a set of keys to your residence, as well as any other information reasonably required to perform the tasks, to your assigned Keeper upon registration or request. The company takes reasonable precautions to ensure the security of all keys given to our assigned Keeper by you. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY, AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS, OR IMPROPER RESIDENCE LOCKING.

11. FEEDBACK

If you provide Company with any feedback or suggestions about the App, or Services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company is free to use the Feedback and related information in any way it sees fit. Any Feedback you provide to the company will be treated as non-confidential and non-proprietary. You agree not to provide any information or ideas to the company that you consider confidential or proprietary.

12. ARBITRATION

Laws That Apply PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. It is a requirement of your Company contract and has an impact on your rights. It includes procedures for MANDATORY BINDING ARBITRATION and a WAIVER OF CLASS ACTION.

a. Except in the case of a claim by Company against you, any and all disputes between you and Company arising out of or in any way related to these Terms must be resolved by binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It covers all claims and disputes arising from your use of the App but is not limited to them.

b. BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. You and the company agree that you and the company may only bring claims against each other in your or its individual capacity, not as a plaintiff or class member in any ostensibly class or representative proceeding. Class arbitrations and class actions are not permitted.

c. The arbitration will be governed by the American Arbitration Association's ("AAA") Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as modified by this Section. The AAA, you, and the Company must follow the following rules for any claim involving a total award of N1,000,000 or less: (a) the arbitration shall be conducted solely on the basis of written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed.

The right to a hearing will be determined by the AAA rules if the claim exceeds N1,000,000, and the hearing (if any) must take place in FCT, Abuja, Nigeria. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction over the matter. If a court rules that this agreement to arbitrate is unenforceable, the disputes that would have been arbitrated will be brought exclusively to the state or federal courts in FCT, Abuja. Patent, copyright, trademark, and trade secret infringement and misappropriation claims must be brought exclusively in the state and federal courts of the FCT, Abuja, Nigeria.

d. This license and your use of the Service are governed by the laws of the State of FCT, Abuja, excluding its conflicts of laws rules, which would result in the laws of a state other than FCT, Abuja.

13. ADDITIONAL TERMS AND CONDITIONS IN THE APPLICATION STORE

If you use an app from an App Store, you must agree to the following additional terms and conditions. The more restrictive or conflicting terms and conditions in this Section apply only to apps from the App Store to the extent that the other terms and conditions of these terms are less restrictive or otherwise conflict with the terms and conditions of this section.

a. Acknowledgement

The Company and you acknowledge that this Agreement is only between the Company and you, not the App Store, and that the App and its content are solely the responsibility of the Company, not the App Store. To the extent that this Agreement includes app usage guidelines, are less restrictive than the App Usage Rules set forth in, or Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.

b. Scope of License

The App's license is limited to a non-transferable license to use the App on an iOS or Android device that you own or control, as long as you follow the Usage Rules.

c. Maintenance and Support

As a result, the company is solely responsible for providing any app maintenance and support services as specified in these terms (if any) or as required by applicable law. The company and you agree that the App Store has no obligation to provide any app maintenance or support.

d. Warranty

To the extent not effectively disclaimed, the company is solely responsible for any product warranties, whether express or implied by law. You may notify the App Store if the App fails to conform to any applicable warranty, and the App Store may refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the company's sole responsibility.

e. Product Claims

The Company and you acknowledge that the App Store is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws or similar legislation. This Agreement does not limit the company’s liability to you beyond what is permitted by applicable law.

f. Intellectual Property Rights

The Company and you agree that if a third party claims that the App or your possession and use of the App infringe on that third party's intellectual property rights, the Company, not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of that intellectual property infringement claim.

g. Developer's Name and Address

The following is the company's contact information for any end-user questions, complaints, or claims regarding the app.

h. Third Party Terms of Agreement

When using the App, you must adhere to any applicable third-party terms of the agreement.

i. Third-Party Beneficiary

You acknowledge and agree that the App Store (and its subsidiaries) are third-party beneficiaries of these terms, with the right to enforce them.

14. COMPANY NAME AND ADDRESS

The company’s contact information for any end-user questions, complaints, or claims is [email protected].

15. INDEMNIFICATION

You agree to indemnify, defend, release, and hold harmless the Company, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents (collectively, the "Company Parties") from any and all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions, or willful misconduct by you; (b) your use of the Company Properties; (c) any breach of these Terms by you; and/or (d) The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification, at its own expense, in which case you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions of this section will continue to apply even if your account, terms, or access to the company's properties are terminated.

16. RELEASE

You hereby release the Company Parties and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of the assigned Keeper or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.

17. EQUITABLE REMEDIES

You agree that if these terms are not specifically enforced, the company will suffer irreparable harm, and that the company will be entitled to appropriate equitable remedies, in addition to any other available remedies, with respect to any of these terms, without the need to post a bond, other security, or proof of damages.

18. MODIFICATIONS TO THESE TERMS

PLEASE BE ADVISED THAT THE TERMS MAY BE MODIFIED BY THE COMPANY AT ANY TIME AND AT ITS SOLE DISCRETION. The Company will post a new copy of the Terms of Use on the Website and within the App when they are updated. The "Last Updated" date will also be updated at the bottom of these terms. If we make any material changes to the Terms and you have registered with us to create an account, we will send you an e-mail at the most recent e-mail address you provided to us. Any changes to the Terms will take effect immediately for new users of the Company Properties and thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes will take effect thirty (30) days after posting notice of such changes within the Website or App or thirty (30) days after dispatch of an e-mail notice of such changes for users who have an account with us. Before continuing to use the Website, App, Widget, and/or Services, the Company may require you to provide consent to the updated Terms in a specific manner. You must stop using the Company Properties if you do not agree to any change(s) after receiving notice of the change(s); otherwise, your continued use of the Company Properties constitutes your acceptance of the change(s). CHECK THE WEBSITE AND APP ON A REGULAR BASIS TO VIEW THE THEN-CURRENT TERMS.

19. TERMINATION

If you violate these terms, the company may cancel, suspend, or block your use of the Service without notice. Unless the company is required by law to retain any data you have stored on the Service, your right to use the service will end once your registration is terminated. You may terminate your registration at any time. The company is not responsible or liable for any records or information that you lose access to as a result of your cancellation. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE IN THE EVENT THAT YOUR ACCESS TO THE SERVICE IS TERMINATED. Sections 9, 12, 16, 17, and 20 of these terms, as well as any other limitations of liability that benefit the company, will survive any expiration or termination of these terms for any reason.

20. MISCELLANEOUS

The failure of the company to enforce any provision of these Terms shall not be construed as a waiver of that provision or the right to enforce it. If any part of these Terms, including but not limited to the warranty disclaimers and liability limitations set forth above, is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will remain in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and are legally enforceable as a signed writing.

Last Updated: June 3, 2022