SlimFastic TERMS OF USE

Last updated: 25.11.2023

These Terms of Use (the “Terms”) apply and govern your use of SlimFastic. Please read them carefully. By clicking the “Start now” button or proceeding through any screen/feature/button which directly refers to these Terms and to the respective consent resulting from proceeding so, you confirm that you agree to be bound by these Terms.

If you do not agree to these Terms or any part thereof, you shall not use SlimFastic.

📍NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT REQUIRES DISPUTES RELATED TO YOUR USE OF SLIMFASTIC TO BE RESOLVED IN ARBITRATION (NOT IN COURT) ON AN INDIVIDUAL BASIS (NOT THROUGH CLASS ACTION OF ANY KIND). IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES RELATED TO YOUR USE OF FASTEASY AND IS MANDATORY, WITH A FEW EXCEPTIONS SPECIFIED IN SECTION 12 (FOR EXAMPLE, YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER PROVISIONS, WITHIN 30 DAYS OF ACCEPTING THESE TERMS).

📍YOUR SUBSCRIPTION TO SLIMFASTIC WILL AUTOMATICALLY RENEW UNTIL CANCELED AS FURTHER DESCRIBED IN SECTIONS 5.2(b) OR 5.3(b) (FOR WEB PURCHASES OR IN-APP PURCHASES, RESPECTIVELY).

📍THESE TERMS CONTAIN IMPORTANT DISCLAIMERS. PLEASE SEE DETAILS IN SECTION 4.

📍IF YOU HAVE ANY QUESTIONS OR COMPLAINTS REGARDING SLIMFASTIC, PLEASE COMMUNICATE THEM TO THE APPROPRIATE CUSTOMER SUPPORT AGENTS. WE ENCOURAGE YOU TO COMMUNICATE WITH US VIA EMAIL, IN WHICH CASE WE CAN EFFECTIVELY PROCESS YOUR REQUEST AND RESOLVE THE ISSUE RAPIDLY.

1. Our Product

1.1. SlimFastic is a product providing beginner-friendly intermittent fasting plans, health tips, recipes, and weight-loss motivation which helps lose weight, get fit, and start mindful eating, available via the link https://SlimFastic.club (the “Website”).

1.2. The Website is made available to you by DEVPLAY LIMITED, with registered address: Limassol, Cyprus; (the “Company”, along with “we”, “us”, “our”, and “ourselves”). For consistency, “user”, “consumer”, along with “you” and “your”, refers to any person who agrees to be bound by these Terms, as described herein.

1.3. The Product available via the Website may also be distributed to you by our authorized merchants of record or agents:

Welltika Content Provider DMCC (DMCC196577) a company having its registered address at Unit No: I5-PF-16, Detached Retail I5, Plot No: JLT-PH1-RET-I5, Jumeirah Lakes Towers, Dubai, United Arab Emirates; and
Solidgate LLC, a company having its registered address at 3753 Howard Hughes Parkway, Suite 200-778, Las Vegas, NV, 89169-0300.

1.4. The Product provides you with content in the health and fitness field, including software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, wellness plans, and all other materials and content accessible within the Product (the “Product Content”). When we refer to the Product in these Terms, we are referring to the Product Content as well.

1.5. Your use of the Product is limited to your personal, non-commercial use only. We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Product, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Product, except where permitted by applicable law. You agree not to access the Product by any means other than provided by the Company. Your breach of these restrictions shall mean your violation of our rights as a licensor. At that, you may be subject to prosecution and damages.

1.6. To get access to the Product you need to buy a subscription (either directly on the Website or via the App Store). The subscription is billable and renews automatically at the end of the chosen period (e.g. 1 week, 1 month, 3 months, 6 months, 1 year) until you cancel. You may be offered free trial access to the Product for a certain period of time, and once it lapses, your access to the Product will automatically continue and you will be billed the applicable fees for the paid subscription. To avoid being charged for auto-renewal (auto-continuance), you must affirmatively cancel the free trial or paid subscription at least 24 hours before it ends based on these instructions. KINDLY NOTE THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION OR FREE TRIAL (IF APPLICABLE). Within the Product, you may also be offered add-on items for an additional fee, either one-off or recurrent (e.g. fitness guides, VIP customer support service, additional subscriptions). In case you purchased add-on items with recurrent billing, the cancellation of the original subscription leads to the cancellation of recurrent payments for add-on items as well. The cancellation of only the recurrent payments for add-on items will not affect the original subscription. To learn more about purchases (including subscriptions), please refer to the section “Fees and Payments”.

1.7. To create your personalized plan, we may ask you to supply certain relevant information, e.g. your current and desired physical characteristics, physical performance level, lifestyle, eating habits, goals, and target zones. This quiz is referred to as the “onboarding process” in the Terms.

1.8. In order to use the Product, you need to have a smartphone with an operating system of the following or later:

🍏IOS	🤖ANDROID
15.0	8.0

Also please make sure you are using the latest version of your web browser when accessing the Website, as that will help prevent security problems and ensure all the Website features work for you.

1.9. We may enable access to the App on certain smartwatches and/or tablets. If this happens, you acknowledge that your ability to use certain features of the App may require you to purchase a smartwatch and/or tablet, and that your use of the App on a smartwatch and/or tablet will only be possible after subscribing to the App on your smartphone. Your access to the App on smartwatches and/or tablets shall be regulated by these Terms.

2. Our Contract With You

2.1. In order to use the Product, you must conclude a contract with us. You acknowledge and understand that when you indicate your consent to these Terms and Other Policies That May Apply to You by clicking the “Start now” button or proceeding through any screen/feature/button which directly refers to these Terms and/or Other Policies That May Apply to You and to the respective consent resulting from proceeding so, you are submitting a legally binding electronic signature and are concluding a contract with us, and thus, you are agreeing to be bound by these Terms and Other Policies That May Apply to You, which together constitute the entire contract between you and us in respect to your use of the Product.

2.2. If you accessed the Product directly on the Website, your contract is concluded with ACTITECH LIMITED, WELLTIKA CONTENT PROVIDER DMCC, or SOLIDGATE LLC; whereas if you accessed the Product via the App Store, your contract is concluded with FUNPLEX LIMITED.

2.3. We also understand that you are agreeing to cooperate with us under these Terms and Other Policies That May Apply to You when you start the onboarding process within the Product and/or make a purchase from us (either on the Website or via the App Store), and/or create your user account with us, and/or use the Product, and/or download any materials from the Product.

2.4. The Product is not intended for individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. Otherwise, please do not use the Product.

2.5. No one other than a party to these Terms (namely, you or us) has any right to enforce any provision thereof.

3. Other Policies That May Apply to You

3.1. Along with these Terms, you also acknowledge the applicability of and agree to:

Our Privacy Notice, which sets out information, among other things, about:
- how and why we process your personal data;
- your rights in relation to your personal data and how to exercise them;
- cookies and similar technologies used by our Website.
Our Subscription Terms, which provide details about:
- our subscription model;
- subscription payment methods;
- possible means of subscription cancellation.
Our Refund Policy, which explains:
- general refund rules;
- when you are eligible to receive a refund;
- how you can get your money back.

3.2. Our Subscription Terms apply to you if you purchased the Product via the App Store. Subscriptions purchased directly on the Website are solely regulated by these Terms.

3.3. Our Refund Policy applies to you if you purchased the Product directly on the Website. Purchases made via the App Store are subject to such store’s refund policies: Request a refund on Apple App Store, Request a refund on Google Play Market.

4. Important Disclaimers

4.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THESE TERMS WITH YOU, IN PARTICULAR, IN RELIANCE UPON THE IMPORTANT DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY SECTIONS SET FORTH IN THESE TERMS, WHICH ALLOCATE THE RISKS BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. ABSENT SUCH PROVISIONS, THESE TERMS AND YOUR ACCESS TO THE PRODUCT WOULD BE MATERIALLY DIFFERENT (OR WE MAY BE UNABLE OR UNWILLING TO PROVIDE SUCH ACCESS AT ALL).

4.2. WE DO NOT PROVIDE ANY MEDICAL ADVICE

THE PRODUCT IS PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT PROVIDING MEDICAL ADVICE VIA THE PRODUCT. The Product Content is not intended to be and should not be used in place of: (a) the advice of your physician or other medical professional; (b) a visit, call, or consultation with your physician or other medical professional; and/or (c) information contained on or in any product packaging or label. Should you have any health-related questions, please call or see your physician or other medical professional promptly. Should you have an emergency, please call the emergency service (e.g. 911 for the United States) immediately. You should never disregard medical advice or delay in seeking medical advice because of any Product Content, nor should you use any Product Content for diagnosing or treating a health problem. The transmission and receipt of the Product Content, in whole or in part, or communication via email or other means, does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.

4.3. LISTEN TO WHAT YOUR BODY IS TELLING YOU

YOU EXPRESSLY AGREE THAT A CONDITION FOR THE USE OF THE PRODUCT IS THAT YOU MUST BE IN A GOOD GENERAL STATE OF HEALTH. IF YOU HAVE KNOWLEDGE OF ANY PRE-EXISTING MEDICAL CONDITIONS YOU MUST SEEK MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL BEFORE YOU START USING THE PRODUCT. The following general rule applies: listen to what your body is telling you. Before using the Product for the first time and/or while using the Product, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea, or dizziness), consult your physician or other medical professional before starting and/or continuing using the Product. You are solely responsible for determining, in conjunction with medical professional(s) if necessary, whether or not you should use the Product based on your current health.

4.4. READ INFORMATION ABOUT FOOD PRODUCTS CAREFULLY

YOU EXPRESSLY AGREE THAT IN CASES FASTEASY RELATES TO NUTRITION, WE DO NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASES, FOOD PRODUCTS, FOOD RECIPES, OR MEAL PLANS. Before using or consuming a product you should carefully read all information provided by the manufacturers of the food product, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergens, contact information, and health claims. For additional information about a food product, please contact the manufacturer directly. You are responsible for verifying that the foods and nutrients recommended as part of the meal plan or fitness guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

4.5. RESULTS WILL DIFFER FOR EACH INDIVIDUAL

YOU EXPRESSLY AGREE THAT WE MAKE NO GUARANTEES CONCERNING THE SPECIFIC LEVEL OF SUCCESS YOU MAY ACHIEVE AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL SINCE EACH INDIVIDUAL HAS: (a) A UNIQUE HEALTH, PHYSICAL DISPOSITION, AND GENETIC PROFILE; (b) A UNIQUE BACKGROUND, LIFE EXPERIENCE, DEDICATION, DESIRE, LEVEL OF COMMITMENT, AND MOTIVATION; AND/OR (c) A UNIQUE STARTING POINT AND PRECONDITIONS. MOREOVER, WE MAKE NO GUARANTEES THAT: (a) YOU WILL ACHIEVE THE SAME OR SIMILAR RESULTS AS MAY BE PROVIDED IN THE TESTIMONIALS AND/OR OTHER ILLUSTRATIVE EXAMPLES ON THE PRODUCT SINCE THESE CONCERN THE SPECIFIC EXPERIENCE OF THE PERSON/GROUP REFERRED TO IN SUCH TESTIMONIALS/EXAMPLES, AND THUS, MAY DIFFER FOR ANY OTHER PERSON; (b) EXAMPLES OF YOUR PAST FITNESS RESULTS CAN BE REPEATED IN THE FUTURE; (c) YOU WILL ACHIEVE VISIBLE RESULTS IF YOU DO NOT FOLLOW OUR RECOMMENDATIONS; AND/OR (d) YOU WILL MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT.

4.6. WE MAKE NO GUARANTEES IF YOU GIVE US INACCURATE DATA

IN ORDER TO CREATE A PLAN FOR YOU, WE ASK YOU TO COMPLETE THE ONBOARDING PROCESS. FOR EXAMPLE, WE ASK YOU TO INFORM US OF YOUR CURRENT AND DESIRED PHYSICAL CHARACTERISTIC, PHYSICAL PERFORMANCE LEVEL, LIFESTYLE, EATING HABITS, GOALS, TARGET ZONES, ETC. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL INFORMATION PROVIDED BY YOU DURING THE ONBOARDING PROCESS IS TRUE AND ACCURATE. IN THE EVENT YOU PROVIDE US WITH INACCURATE OR INCOMPLETE DATA DURING THE ONBOARDING PROCESS, WE ARE NOT RESPONSIBLE FOR ANY OUTCOMES, IN PARTICULAR, THE SUITABILITY OF THE PLAN CREATED FOR YOU.

4.7. USE AT YOUR SOLE RISK, ON AN “AS IS” BASIS

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK, AND THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In particular, the Released Parties make no, and expressly disclaim any, warranty that: (a) the Product will meet your requirements; (b) any Product Content or other information or other material purchased or obtained by you through the Product will meet your expectations or be complete or accurate; (c) the Product will be uninterrupted, timely, secure, or error-free, and/or (d) any errors in the Product will be corrected. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, including interruption of the Product for any technical reason, or typographical errors in any Product Content, as well as violation of any ethical or moral standards applicable in your community to sexual education and related materials. Any Product Content obtained through the use of the Product is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material. THE PRODUCT MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF THE PRODUCT WILL BE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION.

4.8. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES

THE PRODUCT MAY CONTAIN LINKS TO THIRD PARTIES AND/OR THIRD-PARTY WEBSITES. WE DISCLAIM ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, OR CONTENT OFFERED BY ANY THIRD PARTY (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK USERS TO SUCH THIRD PARTIES AND/OR THEIR WEBSITES OR RECEIVE ANY COMPENSATION FOR SUCH LINKING OR PROMOTION). You expressly agree that you need to take appropriate steps to determine whether accessing the third-party websites, acquiring or using the third-party products or services, and relying on the third-party content is appropriate and safe, including protecting your personal information and privacy. To be aware of the terms under which the third-party products, services, or content are provided to you, please refer to the relevant policies and/or user agreements of those third parties. We do not guarantee that any third-party product will function with the Product or will be error-free.

4.9. REFERENCE TO OTHER PRODUCTS OR EXPERTS IS NOT AN ENDORSEMENT

FROM TIME TO TIME, WE MAY REFER TO OTHER PRODUCTS OR EXPERTS. ANY SUCH REFERENCE IS NOT INTENDED TO BE AN ENDORSEMENT OR STATEMENT THAT THE INFORMATION PROVIDED BY THE OTHER PARTY IS ACCURATE. THE COMPANY PROVIDES THIS INFORMATION AS A REFERENCE FOR USERS. IT IS YOUR RESPONSIBILITY TO CONDUCT YOUR OWN INVESTIGATION AND MAKE YOUR OWN DETERMINATION ABOUT ANY SUCH PRODUCT OR EXPERT.

4.10. RESERVATION OF RIGHTS

THE PRODUCT ITSELF, AS WELL AS ALL CONTENT THEREIN, INCLUDING SOFTWARE, DESIGNS, GRAPHICS, PHOTOS, VIDEOS, SCRIPTS, TEXTS, MUSIC, SOUNDS, AND VOICEOVER, IS OUR INTELLECTUAL PROPERTY, PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS GLOBALLY. ALL TRADEMARKS, SERVICE MARKS, GRAPHICS, AND LOGOS USED IN CONNECTION WITH THE PRODUCT ARE TRADEMARKS OR REGISTERED TRADEMARKS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESE TERMS DO NOT GRANT YOU ANY RIGHT, TITLE, OR INTEREST IN THE PRODUCT, CONTENT WITHIN THE PRODUCT, OR IN ANY TRADEMARKS, WHETHER REGISTERED OR NOT. ALL INTELLECTUAL PROPERTY RIGHTS, TITLE, AND INTEREST IN RELATION TO THE PRODUCT WILL (AS BETWEEN THE PARTIES) REMAIN WITH US.

4.11. ENGLISH TEXT OF THE TERMS PREVAILS

THESE TERMS WERE ORIGINALLY WRITTEN IN THE ENGLISH LANGUAGE. IF AN INTERPRETATION OF A TRANSLATED VERSION OF THE TERMS CONFLICTS WITH THE ENGLISH VERSION MEANING, THE ENGLISH VERSION SHALL PREVAIL.

4.12. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF THE CONSUMER, SO THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

4.13. WE ARE NOT RESPONSIBLE FOR THE CONTENT YOU POST

ALL THE INFORMATION, DATA, TEXT, SOFTWARE, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES, POSTS, TAGS, OR OTHER MATERIALS YOU CREATE AND SHARE IN CONNECTION WITH THE PRODUCT (“USER CONTENT”) IS OWNED BY YOU. YOU ACKNOWLEDGE THAT YOU BEAR FULL RESPONSIBILITY FOR ALL THE USER CONTENT YOU UPLOAD, POST, EMAIL, TRANSMIT, OR OTHERWISE SHARE THROUGH THE PRODUCT, AND NOT THE COMPANY. THE COMPANY DOES NOT ACTIVELY REVIEW OR MONITOR THE USER CONTENT POSTED BY ITS USERS, AND THEREFORE, CANNOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF SUCH USER CONTENT. BY USING THE PRODUCT, YOU AGREE THAT THE COMPANY IS NOT ACCOUNTABLE FOR AND DOES NOT ENDORSE THE USER CONTENT YOU UPLOAD. YOUR USER CONTENT WILL NOT BE TREATED AS CONFIDENTIAL BY THE COMPANY, EXCEPT AS OUTLINED IN OUR PRIVACY POLICY. WE WILL NOT BE HELD LIABLE FOR ANY USE OR DISCLOSURE OF THE USER CONTENT YOU PROVIDE.

5. Fees and Payments

5.1. We offer subscriptions to the Product Content which may be purchased via the following means: (a) directly on the Website (the “Web Purchase”) or (b) via the App Store (the “In-App Purchase”). All applicable fees will be provided to you on the payment screen and at checkout before you authorize any payment within the Product. Some limited Product Content may be made available to you free of charge.

5.2. WEB PURCHASE

a. Web Purchase procedure

Once you have completed the onboarding process on the Website, you will be given the option to purchase a subscription to the Product Content with the subscription fees, subscription terms, and periodicity (e.g. 1 week, 1 month, 3 months, 6 months, 1 year) indicated, as well as the available payment methods (e.g. Mastercard or Visa Bank Card, PayPal, Apple Pay, Google Pay). In order to make a Web Purchase, you need to choose a respective purchase option and authorize the corresponding payment on the payment screen. Please note that to process the payment we use third-party services (payment processors), whom you authorize to charge you the applicable fees using the payment method you have chosen. Such services enable the transaction initiated by you and notify us of its completion. Your credit or debit card information will be encrypted at the point of transaction. We will send you direct instructions on how to access the purchased Product Content promptly after your transaction is successfully validated by our servers.

b. Auto-Renewal

By proceeding with a Web Purchase, you understand and agree that your subscription will automatically renew unless you cancel as described herein and that you are going to be charged periodically upon renewal depending on the term and periodicity of the subscription you purchased. Your subscription will be automatically renewed at the end of the chosen subscription term unless you cancel it at least 24 hours before the end of the chosen subscription term. PLEASE REFER HERE TO SEE HOW YOU CAN CANCEL YOUR SUBSCRIPTION, AND DO REMEMBER THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you within the Product. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional or discount pricing, unless we notify you of a rate change prior to your auto-renewal.

c. Add-On Items

In addition to your purchased subscription, the Website may offer you add-on items (e.g. fitness guides, VIP customer support service, additional subscription) for an additional fee, either one-off or recurrent. This purchase is optional: your subscription is not conditional on such a purchase. In case you purchased add-on items with recurrent billing, the cancellation of the original subscription leads to the cancellation of recurrent payments for add-on items as well. The cancellation of only the recurrent payments for add-on items will not affect the original subscription.

d. Refunds

Refunds of Web Purchases are regulated by our Refund Policy. As a general rule, Web Purchases are final and cannot be canceled, and we will not refund any transaction once it has been made. However, the Company will provide refunds in cases and to the extent required by mandatory provisions of applicable law.

5.3. IN-APP PURCHASE

a. In-App Purchase procedure

Once you have completed the onboarding process within the App, you will be given the option to purchase a subscription to the Product Content with the subscription fees, subscription terms, and periodicity (e.g. 1 week, 1 month, 3 months, 6 months, 1 year) indicated. In order to make an In-App Purchase, you need to choose a respective purchase option and authorize the corresponding payment on the payment screen. Your payment will be processed by the App Store, and you authorize the App Store to charge you the applicable fees using the payment method that you submitted to it. You will be granted access to the Product Content promptly after your transaction’s success is properly validated by the App Store.

b. Auto-Renewal

By proceeding with an In-App Purchase, you understand and agree that your subscription will automatically renew unless you cancel as described herein and that you are going to be charged periodically upon renewal depending on the term and periodicity of the subscription you purchased. Your subscription will be automatically renewed at the end of the chosen subscription term unless you cancel it at least 24 hours before the end of the chosen subscription term. PLEASE REFER HERE TO SEE HOW YOU CAN CANCEL YOUR SUBSCRIPTION, AND DO REMEMBER THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you within the Product. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional or discount pricing, unless we notify you of a rate change prior to your auto-renewal.

c. Add-On Items

d. Refunds

You agree that we cannot refund you any In-App Purchase, since these transactions are processed by the respective App Store. However, you may ask for a refund according to the App Store’s refund policies: Request a refund on Apple App Store, Request a refund on Google Play Market.

5.4. FREE TRIALS

We may offer you free trial access to the Product Content, but we are not obliged to do so. Such access will be given for a certain period of time and according to the details specified when you sign up for the offer. Unless you cancel the free trial at least 24 hours before it ends, your access to the Product will automatically convert into a paid subscription on the basis described when you enrolled in the trial and you will be charged the applicable fees for the Product upon such conversion as well as periodically thereafter upon renewal depending on the term and periodicity of the subscription you purchased. PLEASE REFER HERE TO SEE HOW YOU CAN CANCEL YOUR FREE TRIAL, AND DO REMEMBER THAT DELETING THE APP DOES NOT CANCEL YOUR FREE TRIAL. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer and your access to the Product during the free trial without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

5.5. FEE CHANGES

To the extent permitted by applicable law, we may change subscription fees at any time (such changes will become effective upon your next renewal). We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not agree to the price change, you must cancel the applicable subscription prior to the change going into effect.

5.6. 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 terminate these Terms and your access to the Product (and we may do so without notice).

6. Registration

6.1. In order to use the Product, you may need to register a user account. Please follow the on-screen instructions if that is the case.

6.2. During registration, you agree to provide true and accurate information and not to misrepresent your identity by registering an account in the name of another person. You should keep your user account information accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

6.3. We may also allow you to access the Product Content without registration. Please bear in mind that in this case your data may not be backed up and you may lose it if you delete the App, lose your smartphone, etc.

6.4. You acknowledge and understand that you are solely responsible for maintaining the confidentiality of your user account information, as well as for all activities that occur under your user account. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee the absolute security of your user account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Product. You agree to immediately notify the Company of any unauthorized use of your user account or any other breach of security.

7. Unauthorized Use

7.1. As a user of the Product, you agree not to use the Product:

for any commercial purpose or revenue-generating endeavor;
for creating any other product, service, or software (including those which are competitive with the Product);
in any other way that violates these Terms and/or Other Policies That May Apply to You; and/or
in any fraudulent, criminal, or unlawful manner.

7.2. As a user of the Product, you also agree not to:

make any modification, adaptation, improvement, enhancement, translation, or derivative work of the Product;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Product;
circumvent, disable, or otherwise interfere with security-related features of the Product;
attempt to bypass any measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product;
use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Product, or use or launch any unauthorized script or other software;
send to us or distribute in any way within the Product files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
make the Product available over a network or other environment permitting access or use by multiple devices or users at the same time;
make any links to the Product without our written permission (except if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it);
take any action that may interfere with, disrupt, or create an undue burden on the Product; and/or
take any action that may disparage, tarnish, or otherwise harm us and/or the Product.

7.3. Many countries periodically impose restrictions on dealings with certain territories, regimes, or persons that pose a threat to international peace and security or are otherwise targeted. By using the Product, you confirm that you are neither a resident of, nor located in, any territory currently embargoed by the United Nations, the European Union, the United Kingdom, or the United States, and that you are not otherwise restricted from using the Product. You also agree that you will not use the Product for any purposes prohibited by applicable law. In particular, but without limitation, you may not export, or permit the export of, the Product to any of the embargoed territories, or to anyone otherwise restricted from using the Product. You understand and agree that we may modify, limit, or disable your access to the Product at any time to comply with applicable law. In particular, but without limitation, you agree that the Product available to you in your home country may not be available to you when traveling outside of your home country, and the Product may also cease to be available in your home country, as a result of the above.

7.4. In other words, you must comply with the law and these Terms, and you promise not to take any action that is prohibited or harmful, including violating or attempting to violate the security of the Product and/or any applicable sanction regulations.

8. Limitation of Liability

8.1. WE ARE BUILDING THE BEST PRODUCT WE CAN FOR YOU BUT WE CANNOT PROMISE IT WILL BE PERFECT. WE ARE NOT LIABLE FOR VARIOUS THINGS THAT COULD GO WRONG AS A RESULT OF YOUR USE OF THE PRODUCT OR THAT ARE BEYOND OUR CONTROL.

8.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARIES, AFFILIATES, RELATED PARTIES, SUCCESSORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, PARTNERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES); OR (IV) ANY PERSONAL INJURY, INCLUDING DEATH, ARISING OUT OF OR RELATING TO:

YOUR USE OR MISUSE OF THE PRODUCT;
YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED BY THE COMPANY (INCLUDING, WITHOUT LIMITATION, ANY TRAINING PLAN) WHILE ENGAGED IN FITNESS ACTIVITIES;
ACCURACY OF THE PRODUCT CONTENT;
ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE PRODUCT;
ANY DELAY OR INABILITY TO USE THE PRODUCT EXPERIENCED BY YOU;
YOUR DEALINGS WITH ANY THIRD-PARTY SERVICE PROVIDERS (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK YOU TO SUCH THIRD-PARTY SERVICE PROVIDERS);
YOUR FAILURE TO KEEP YOUR PASSWORD SECURE AND CONFIDENTIAL; AND/OR
ANY OTHER BEHAVIOR THAT IS NOT IN LINE WITH AND/OR VIOLATES THESE TERMS, IN PARTICULAR, PROVISIONS OF THE IMPORTANT DISCLAIMERS, UNAUTHORIZED USE SECTIONS SET FORTH IN THESE TERMS.

8.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY PURSUANT TO THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO THE COMPANY WITHIN THE LAST 12 MONTHS OR (II) $50 USD.

8.4. BY ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”. 8.5. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS MAY INCLUDE, FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR THAT OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS. MOREOVER, WHERE ANY PROVISION OF THESE TERMS IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.6. ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS FOREVER BARRED.

9. Indemnity

9.1. To the extent permitted by applicable law, you will indemnify, defend, and hold us, our subsidiaries, affiliates, related parties, successors, officers, agents, representatives, employees, contractors, partners, and licensors (the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your use or misuse of the Product;
your violation of these Terms and/or Other Policies That May Apply to You;
your violation of applicable law;
your provision to any of the Indemnified Parties of information or other data;
any misrepresentation made by you to any of the Indemnified Parties;
your use of any products, services, or content offered by any third-party websites;
your violation of the rights of any third party; and/or
any disputes or issues between you and any third party.

9.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Termination of These Terms

10.1. These Terms and your access to the Product shall remain in effect unless and until terminated by either you or us. Termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Product.

10.2. YOUR RIGHT TO TERMINATE THESE TERMS

You have the right to terminate these Terms by canceling your subscription or free trial access to the Product (if such a trial is offered by the Company). You may do this at any time and at your sole discretion. In order to cancel your subscription or free trial access to the Product, please follow the below instructions:

If your purchase was made (free trial was received) directly on the Website:
- please log into your account at https://fasteasy.io/ → tap “Subscriptions” or “Manage Subscriptions” → tap “Cancel Subscription” or
- communicate your cancellation request to [email protected];
If your purchase was made (free trial was received) via the App Store:
- please follow the App Store’s guidelines, e.g. If you want to cancel a subscription from Apple, If you want to cancel a subscription from Google.

After cancellation, you will still be able to use the Product for the term you have already paid for or until the end of the free trial. If you enjoyed your above right to terminate these Terms and unless these Terms were terminated by us earlier, these Terms and your rights to use the Product will terminate on: (a) the last day of your paid subscription period or (b) the last day of your free trial.

DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION OR FREE TRIAL. TO AVOID BEING CHARGED FOR AUTO-RENEWAL, YOU MUST CANCEL YOUR SUBSCRIPTION OR FREE TRIAL AT LEAST 24 HOURS BEFORE THE END OF THE PAID SUBSCRIPTION PERIOD OR FREE TRIAL. Once your subscription or free trial access is canceled, you may also terminate your user account by using the appropriate deletion functions, if available through the Product.

10.3. OUR RIGHT TO SUSPEND YOUR ACCESS OR TERMINATE THESE TERMS

We have the right to terminate these Terms according to the procedure stipulated below.

i. Termination without prior notice

We may cancel your subscription or free trial access to the Product (as well as terminate your user account) under the following serious circumstances and without prior notice:

you violated these Terms and/or Other Policies That May Apply to You;
you violated applicable law;
you provided us with any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case;
you have not paid the fees or charges due to us in connection with the Product;
you requested the deletion of your account / personal data (relevant for the Web Purchases only);
we received a request from your bank, law enforcement, or other governmental agencies to terminate your user account; and/or
we are required to terminate your user account in order to comply with applicable law.

In the above-mentioned circumstances, these Terms and your rights to use the Product will terminate on: (a) the day of cancellation of your paid subscription or (b) the day of cancellation of your free trial. At the same time, we may allow you to use the Product until the end of your paid subscription period or until the end of your free trial. If this happens, these Terms and your rights to use the Product will terminate on: (a) the last day of your paid subscription period or (b) the last day of your free trial.

Also, we reserve the right, at our absolute discretion, to terminate any free trial offer and your access to the Product during the free trial without notice and with no liability. If this happens, these Terms and your rights to use the Product will terminate on the day of cancellation of the free trial offer.

In addition to our termination rights, we may instead choose to suspend your account, subscription, or access if any of the scenarios described above occur, or if we deem such suspension otherwise advisable to protect the Product, our systems or information, or those of you or any third party. In such an event, we will use commercially reasonable efforts to promptly notify you of the reason for such termination and to restore access once the underlying issue has been resolved to our satisfaction.

ii. Termination upon prior notice

We may decide to stop supporting or offering the Product, or to terminate or refuse to renew your subscription. We may do this at any time and at our own discretion, by notifying you accordingly (by email or through the Product). In such case, we will either allow you to continue accessing the Product until the end of your then-current paid subscription period or free trial (at which point these Terms will automatically terminate on such date), or will refund you the pro rata portion of the prepaid amounts corresponding to the remaining period of your then-current paid subscription (in which case these Terms will terminate upon the date of such refund). Once these Terms are terminated, we may terminate your user account as well.

10.4. PROVISIONS THAT SURVIVE TERMINATION

The following sections of these Terms shall survive termination of these Terms and shall remain in full force and effect: Our Product, Our Contract With You, Important Disclaimers, Fees and Payments, Unauthorized Use, Limitation of Liability, Indemnity, Applicable Law, Dispute Resolution, Miscellaneous Provisions, Contacts, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

11. Applicable Law

11.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Cyprus, without regard to Cyprus’s choice or conflicts of law principles. In addition, if you reside in the United States or the European Union, or the United Kingdom, the law of your place of residence may also be applicable where such law contains mandatory consumer law provisions.

12. Dispute Resolution

12.1. INFORMAL PROCESS FIRST

We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute. The parties agree to use their best efforts to settle any dispute, question, or disagreement directly through negotiations therebetween.

12.2. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, SINCE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. Applicability of the Arbitration Agreement

You and the Company agree that any dispute, claim, or controversy between you and the Company arising in connection with or relating in any way to these Terms or to your relationship with the Company as a user of the Product (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. YOU AND THE COMPANY THUS GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR FOR PROTECTION OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS OR WHEN USING YOUR 30-DAY RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT, AS SET FORTH BELOW). This Arbitration Agreement shall survive termination of these Terms.

b. Exception – Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

c. Exception – Protection of the Company’s Intellectual Property Rights

The Company retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights.

d. Exception – 30-Day Right to Opt Out Used

You have the right to opt out and not be bound by this Arbitration Agreement (including class action waiver provisions) by sending written notice of your decision to opt out to the appropriate contact means within 30 days of accepting these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms.

e. Arbitration Procedure

Overview. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

Rules. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in force at the time of initiating the arbitration (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org, or you may call the AAA at 1-800-778-7879.

Commencing an Arbitration. Either you or we may start arbitration proceedings. If you elect to seek arbitration, you must first send the Company written Notice of your claim (“Notice”). The Notice to the Company should be sent by any of the following means: (i) by electronic or certified mail (Attention: Legal Counsel) using the appropriate contact means. If the Company initiates arbitration, it will send written Notice to the email address used for your account or to your other available contact means. The Notice, whether sent by you or by the Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. Your claim may be filed either (a) by mail to the mailing address of the AAA’s Case Filing Services, which may be subject to change from time to time; or (b) online using the online form available at www.adr.org; or (c) at any of the AAA’s offices. Once your claim is filed, corresponding feedback and instructions from the AAA will follow in due course.

Fees. If you choose to file an arbitration proceeding and you are required to pay a filing fee, the Company will reimburse you for that filing fee, unless your claim is for greater than the US $10,000 or the arbitrator determines your claim is filed for purposes of harassment or is patently frivolous, in which event you will be responsible for filing fees. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Notwithstanding the above, the parties shall be responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Documents-only procedure, videoconference. Where no disclosed claims or counterclaims exceed US $25,000, the dispute shall be resolved according to the procedures for the resolution of disputes through document submission (the parties submit their arguments and evidence to the arbitrator in writing; the arbitrator then makes an award based only on the documents; no in-person or telephone hearing is held), unless a party asks for a hearing or the arbitrator decides that a hearing is necessary. Other arbitration hearings will be conducted by videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

Language. The language of the arbitration shall be English.

Decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Timeline of Arbitration. The award shall be issued promptly by the arbitrator and, unless the parties agree differently or the law indicates a different time frame, no later than 30 calendar days from the date the hearing is closed, or, if the case is a documents-only procedure, 14 calendar days from the date the arbitrator set for his or her receipt of the final statements and proofs.

f. No class or Representative Proceedings; Class action waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

g. Confidentiality

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons on a need to know basis only or as required by applicable law.

h. Interpretation and Enforcement of the Arbitration Agreement

You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If this Arbitration Agreement is invalidated in whole or in part, the parties agree that any dispute, claim, or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement, will be resolved by a competent court, determined according to applicable law, as set forth in the section “Applicable Law”.

13. Miscellaneous Provisions

13.1. If any provision (part of a provision) of these Terms is held by an arbitrator or a court of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (part of the provision) shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.

13.2. The Company may assign its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms, you give the Company consent to any such assignment. Updated Terms indicating the assignee will be published within the Product, and you hereby confirm such approach to be enough and valid notice of the assignment of the Company’s rights and obligations under these Terms. You may not assign, delegate, or otherwise transfer your account or your rights and obligations under these Terms to any other person without our prior written consent.

14. Changes to These Terms, Product Updates

14.1. We may make changes to these Terms from time to time by notifying you in advance of such changes by any reasonable means, including by posting the updated Terms within the Product (provided that, for material changes, we will seek to supplement such notice by an in-app pop-up message and/or an email). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Product following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Product under the updated Terms, you may terminate them in accordance with the section “Termination of These Terms”. The effective date set forth at the top of this document indicates when these Terms were last changed.

14.2. From time to time we may automatically update the Product to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Product for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Product.

15. Contacts

15.1. COMMUNICATION PREFERENCES

We will send you information relating to your account and use of the Product (e.g. invoices, messages, notices) in electronic form only, for example via emails to the email address used for your account or push notifications. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15.2. CONTACTING US

To communicate any questions or complaints regarding the Product, submit any notice under these Terms, or request a copy of these Terms, please contact us:

If your purchase was made (free trial was received) directly on the Website:
- at [email protected] or
- to ACTITECH LIMITED, Karaiskaki 13, 3032, Limassol, Cyprus, registration number HE 410117;
If your purchase was made (free trial was received) via the App Store:
- at [email protected] or
- to FUNPLEX LIMITED, Karaiskaki 13, 3032, Limassol, Cyprus, registration number HE 410119.

We encourage you to communicate with us via email, in which case we can effectively process your request and quickly resolve the issue or answer your questions. If you communicate your request on paper to our registered address and do not include enough identifiable information therein, we will not be able to find you in our user system and thus, will not be able to help.