PinaDate.com: Terms of Use Agreement

PinaDate.com (hereinafter “Website” or “we”, “us”, “our” etc.) values all our users and has established this Terms of Use Agreement (the “Agreement”). If you (hereinafter “you”, “yours”, etc.) use our Website or application or services(including mobile applications, downloadable products and applications and pages operated by PinaDate.com on social media sites and other platforms) (collectively, the “Services”), then we urge you to read this Agreement and become fully informed about how it regulates your use of our Services. Please refer to this Agreement to find out how to CONTACT US if you have any questions about the contents herein.

TABLE OF CONTENTS

WHO WE ARE

PinaDate.com Website and related Services are operated by Dil Mil Inc (the “Company”). Please find more details in the CONTACT US section down below.

WHEN YOU ACCEPT THESE TERMS OF USE

By using our Services, you indicate your acceptance of all the terms and conditions of this Agreement, our Privacy Policy, as well as Refund and Cancellation Policy.

AGE RESTRICTION

Persons under 18 years of age are not allowed to use our Services, as they are not targeted at persons under the age of 18. Any data we receive from users we believe to be aged under 18 will be removed from our database.

If you believe that we have collected, used or disclosed any data of a person under the age of 18 (or the age of majority in your jurisdiction), please contact our support team via the CONTACT US section down below so that we can take appropriate action.

MEMBERSHIP

MEMBERS

When a user registers within the Services, they become a member (hereinafter - the “Member”). We do not influence the relationships between Members. Members may have only one account (hereinafter - “Membership”) with the Services. Multiple accounts will be blocked. Upon registering with the Services and thereby becoming a Member, you shall have access to the following Services:

  • Browsing  through other Member’s profiles;
  • Having your profile registred in our database and making it searchable by other Members;
  • Making changes to your profile;
  • Reading messages (Web version only);
  • Purchasing Membership extensions for subsequent periods.

VERIFIED MEMBERS

Members can confirm their identity and get the‘verified’ sign. To be verified, a Member should pass a verification process which includes making a photo as defined by us and which will later be verified by our team to meet our guidelines and providing information on your marital status, age, gender and children. We accept selfies (photos) as a way of verification. The ‘verified’mark is removed once a selfie is deleted upon the Member's request and/or we have a reason to believe that the Member has provided us with misleading information. During the verification we do not confirm nationality, location, profession and sexual preferences. We operate in full compliance with the International Marriage Broker Law (IMBRA).

POPULAR MEMBERS (IF APPLICABLE)

Popular Members are the Members that are marked with the sign “Popular Member” and/or with a flame icon. Popular Members have to follow our community standards and might be entitled for revenue share of virtual gifts received.

PURCHASING MEMBERSHIP

Your free use access may be terminated after a month of use. If you wish to continue using our Services not included in a free-use, you will have to buy Membership and credits, which will allow you to make purchases within the Services (the “Credits”). All Services not included in the Membership fee shall be provided at additional charge. Your Membership will continue indefinitely until canceled by you.

After your initial purchase of Membership, and again after any subsequent Membership period, your Membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the Membership. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your Membership, please CONTACT US.

If you cancel your Membership, you may use your Membership until the end of your then-current Membership term and your Membership will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period.

By purchasing the 1 (one) calendar month Membership, you authorize us to charge your credit card, debit card or other payment method at such time and again, as your Membership will automatically renew at the beginning of any subsequent Membership period, unless canceled by you prior to the expiration of any active Membership period, including any sales or similar taxes imposed on your Membership payments.

Unless otherwise indicated in any applicable additional terms or communications, we will send to your registered email address a Membership renewal notification indicating the same Membership fee which was in force when you first subscribed, plus any applicable taxes. We may, however, notify you at least 10 days prior to the end of your current term that the Membership fee will increase starting from the next Membership period.

You acknowledge and agree that your payment method will be automatically charged for the Membership fees, plus any applicable taxes, upon each such automatic renewal.

You acknowledge that your Membership is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law.

You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Membership fees.

Upon the renewal of your Membership, if we do not receive a payment, you agree that we may either terminate or suspend your Membership and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Membership commitment period will begin as of the day payment was received).

By subscribing to our paid-monthly Membership, you will receive the following benefits:

  • A showcase of your account to all Members during the Membership period;
  • Promo Credits if included and depending on the subscription type defined during the purchase process. Promo Credits are renewed each subscription period and not moved to the next subscription period;
  • We also offer several Credit packages with special prices per Credit. These Credits can be used for anything within our Services: chats, emails, sharing photos and videos, etc.

At our sole discretion we may offer you extended scope of Membership, provided that we may overturn or change this extended scope of Membership at any time. The extended scope of Membership may additionally include the following:

  • Free chats, video chats, emails, offline messages, mobile app messages with the other Members, except Popular Members (as defined below);
  • Sending/Viewing photos or videos to other Members, except Popular Members, and viewing video in profile of other Member, except Popular Members, free of charge.

PRICES

Firstly bonus Credits issued as a gift are used, then promo Credits, if included in your paid-monthly Membership, and then usual Credits are purchased.

The prices for different categories of services are specified below. Please refer to them if they are provided by PinaDate.com.

PinaDate.com may provide other services not specified below. In this case the cost of the service will be set forth at the purchase form.

CATEGORYCOSTPER ITEM
Basic Chat1 Creditper minute
One-Way Video Chat4 Creditsper minute
Two-Way Video Chat6 Creditsper minute
VR Video Chat6 Creditsper minute
Offline Message sending1 Creditper 160 symbols
Mobile App Message sending1 Creditper 160 symbols
Email10 Creditsper item
Sending/Viewing photos or videos15 Creditsper item
Sending/Listening voice messages10 Creditsper item
Sending stickersup to 20 Creditsper item
Sending animated smileys1 Creditper item
Sending Virtual giftsfrom 1 to 12000 Creditsper item
Sending Mystery Gift299 creditsper item
Sending personal message in Live Video1 Creditper item
Viewing video in profile10 Creditsper item
Let’s Mingle5 Creditsper use

TERMINATED ACCOUNTS OF OTHER MEMBERS

Members may terminate their Membership with us at any time.

If a Member is no longer interested in the Services, we shall review the correspondence between such Member and otherMember's with whom the Member has been corresponding (the “Correspondent”) and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, we customarily issue no more than 10 Credits back to the Correspondent for such a Correspondent's last letter to the deactivated Member.

If a Member has requested her profile to be deleted from the Services for unspecified/personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of our Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his correspondence with such a Member. We may, at our own discretion, issue 10 Credits back to the Correspondent's account for the Correspondent's last letter to the Member, if this letter was the last one in their correspondence.

If a Member has found her match, and the same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.

If a Member had been reported for inappropriate activities, we may, at our sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed us of such Member's inappropriate activity by providing incontrovertible evidence of the same.

If a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Services provided that we, in our sole and unfettered discretion, consider the supplied information substantial and irrefutable. We may issue a partial refund to the Correspondent who provided such information.

CANCELING YOUR MEMBERSHIP

For EU and UK Members

Members from EU and UK may cancel their first Membership, without penalty or obligation, at any time prior to midnight of the 14th  business day following the day of becoming a Member.

For Members from the US and the rest of the World

Members from the US and the rest of the World may cancel their first Membership, without penalty or obligation, at any time prior to midnight of the third business day following the day of becoming a Member.

In order to cancel your Membership, please email to our support team a signed and dated written notice which states that you are canceling your Membership. Please include your username and email address in any notice, otherwise your refund may be delayed. Please follow   CONTACT US link down below for contact information.

Alternatively, you may mail the cancellation notice to the Company address stipulated in the CONTACT US section down below. The mailing must be postmarked during the three-day cancellation period.

If you cancel your Membership during the three-day cancellation period, we will return the payment for the Membership you have made, within ten business days of the date on which we receive notice of cancellation. Please note that additional documents may be requested from you to proceed with the refund. You will not be allowed to rejoin the Services as a Member after cancellation according to this section.

If you die before the end of your Membership period, your heir shall be entitled to a refund of that portion of any payment you had made for your Membership that is allocable to the period after your death. Additional documents may be requested from your heir.

If you become disabled (such that you are unable to use our Services before the end of your Membership period), you shall be entitled to a refund of that portion of any payment you had made for your Membership which is allocable to the period after your disability by providing us with notice and evidence of disability at the same address as listed above. Additional documents may be requested from you.

YOUR USE OF OUR SERVICES

ELIGIBILITY

By registering with our Services, you represent and warrant that you are at least 18 years old. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and have not been prohibited from using Services.

CORRECTNESS OF INFORMATION YOU PROVIDE TO US

All information supplied when registering MUST be accurate, true and complete in all respects. In particular, when using a credit or debit card, the cardholder's name MUST be the same as the name used when registering with the Services, unless you provide valid and verifiable reasons for it being different.

If we consider information you provide inaccurate or incomplete, we will suspend your account until identity verification has been satisfactorily completed. You may not authorize others to use your Membership, and you may not assign or otherwise transfer your account to any other person or entity.

SECURITY AWARENESS

You must keep your password and all account details secret and confidential as you are responsible for use of the Services from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.

TERM

This Agreement will remain in full force and effect while you use our Services or have an account with us. You may terminate your Membership at any time, for any reason, by clicking the “Delete My Account” button in the settings section of your Profile or by noticing of termination by PinaDate.com customer support staff via Live Support or email - please visit CONTACT US section down below.

NON-COMMERCIAL USE OF SERVICES

Our Services are dedicated for the personal use of private individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Services for any purpose. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

You further guarantee and warrant that you (i) will not use the Services for any commercial purposes, and/or (ii) send or receive funds through the Services, and/or (iii) create accounts with fake usernames, or use any automated means (chatbots, artificial identities, etc.) in using the Services which do not represent a real natural person using the Services for her own private needs. You further guarantee and warrant that you will not be paid for using the Services. Such activity will be investigated, your Membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

LINKED WEBSITES (IF APPLICABLE)

Depending on how you are using our Services, your needs and preferences, with the purpose to provide you with optimal matching possibilities, we may register you with our linked websites or applications, operated by the Company or its affiliated companies (“Linked Websites”). By using the Linked Websites you agree with their terms and conditions, privacy policy and other regulations, published by them.

CONTENT POSTED BY YOU

You understand and agree that for the protection of our Members we may at our sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Services users or any third parties.

You are solely responsible for the Content that you publish, display or transmit  to other users through the Services.

PROHIBITED CONTENT

The following is a partial list of Content that is illegal or prohibited in our Services. All users have a possibility to file a report on Content in question, we also run automatic content audits. We reserve the right to investigate and take appropriate legal action at our sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physicalharm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of junk mail, “chain letters”, unsolicited mass mailing or spamming;
  • promotes information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses, malware, etc.;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in buying or selling any products or services through our Services without our prior written consent.
  • Engages, without our prior written consent, in commercial activities of other types, such as contests, sweepstakes, barter, advertising, and Ponzi schemes.

EMAILS AND TEXT MESSAGES

Although we cannot monitor the conduct of our Members off the Services, it is also a violation of these rules to useany information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

By providing your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from us, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you. If you wish to stop receiving text messages from us, please follow the instructions set out in our Privacy Policy.

OTHER RULES

You must use the Services in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international, national and local laws and regulations.

You are not allowed to include in your profile any telephone numbers, street addresses, last names, URLs, email addresses, other social media profile addresses or any other contact information outside the Services. You are not allowed to include in your correspondence with other Members any URLs, email addresses or telephone and fax numbers, other social media profile addresses or any other contact information outside the Services.

You may not collect any data from the Services either from authorized and non-authorized zones through automated means (bots, spiders, scrapers or equivalent means), by establishing fake user accounts, by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Services. You may not collect data from authorized zones of the Services by any other means including manual collection of data.

To ensure the service quality, your communication through the Services may be recorded and stored for a limited period of time according to our internal rules and policies.

You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Services users.

TERMINATION

We may terminate your registration for any reason, with or without explanation, effective upon sending a notice to your email address provided at registration, or to any other email address provided by you to us. Upon termination by us without cause, you shall receive a refund, pro rata, of any paid fees that we have received from you.

We reserve the right to investigate, terminate Membership and take appropriate legal action at our sole discretion against anyone who violates this Agreement, our Privacy Policy, and/or Refund and Cancellation Policy.

If your Membership with our Services is terminated by reason of violation of this Agreement, our Privacy Policy, and/or Refund and Cancellation Policy, or at your own request, you will not be entitled to, nor shall we be liable to you, for any refund of unused fees for using the Services.

Notwithstanding your registration with us being terminated, this Agreement will remain in full effect.

COPYRIGHT

By posting Content to any public area of the Services you automatically grant to the Company, with relevant representations and warranties, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The Company owns licenses or otherwise retains absolute  intellectual property rights in the Services. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of the Company and its licensors.

Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

You hereby guarantee, represent and warrant that you will not create any databases, websites, applications, software, legal entities and services competitive with the Services.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please CONTACT US with providing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing on such copyright is located within the Services; your address, telephone number, and email address; your signed statement, confirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your signed statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

DISCLAIMER

WE PROVIDE THE SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each Member must agree to the Agreement, we cannot guarantee that each Member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or“hackers”) may post or transmit offensive or obscene materials through the Services and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Services. Please carefully select the type of information that you post on the Services or release to others. We can't guarantee that the particular Member is using her profile personally, but we do all possible to block such behavior.

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

We are not responsible for any incorrect or inaccurate Content posted within or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Service.

We are not responsible for the conduct, whether online or offline, of any user of the  Services. We are not in any kind responsible for expectations, promises or truthfulness of any information provided by any user of our Services.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including injury or damage to users or to any other person's property related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICES, ANY CONTENT POSTED WITHIN THE SERVICES OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

LIMITATION OF LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Services, as well as damages for loss of data, loss of programs, cost of procurement of substitute Services or interruptions of the Services, even if we know or has been advised of the possibility of such damages.

We are not responsible for any activities outside of our Services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the term of Membership.

SUPPLIERS

When we run the Services, we may be serviced by various third parties and affiliate marketing partners (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents, or employees of the Company. We are not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with our Suppliers, we are prohibited from rendering the Suppliers’ contact information.

Suppliers provide full, accurate and legitimate information required for the registration of Members within the Services prior to their registration according to the terms of Agreement. Each supplier may provide translation services for the registered Members and have access to all the correspondence of such Members. Suppliers provide additional services in accordance to the terms of their agreement with us. Any additional services requested by our Members, which fall into the Suppliers scope of activity, but not defined by our terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.

We are not in any way responsible for the quality of any additional services provided by the Suppliers.

CONTACT US

Company’s contact information is: Dil Mil Inc, located at 200 Townsend St., Unit 43, San Francisco CA 94107, USA.

Please send all the requests, communications, inquiries, clarifications and provision of information to our support team via Live Support (for registered users only) or via email at support@PinaDate.com.

Customer support number: 1 (844) 494-3063. Please note that our customer support service may not work outside business hours in your area.

Please visit our Help Center page for information regarding the Website and your actions there.

DISPUTES

IF YOU ARE A US RESIDENT

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).

Any dispute or claim relating in any way to your use of the Services sold or distributed by or through the Company shall be resolved in the following manner.

  1. Informal Process First. You agree to first contact our customer support by email and attempt toresolve the dispute with us informally for a period of 60 days. Please refer to CONTACT US sections for details.
  2. Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
  3. Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules (“CPLR”) § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
  4. Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
  5. Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
  6. Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, the Company will pay them for You.
  7. Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
  8. Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
  9. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

IF YOU ARE A NON-US RESIDENT

You acknowledge that the transactions involving your use of the Services and any purchases therein took place in the country of incorporation of the Company. Any dispute or claim relating in any way to your use of the Services sold or distributed by or through the Company will be resolved by binding arbitration under the LCIA Rules, rather than in court.

The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would. The LCIA's Rules are available here. Payment of all filing, administration and arbitrator fees will be governed by the LCIA's rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.

If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You will attempt to resolve all disputes with respect to the Services through communication with our customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this section. Please also note should you chargeback any transactions billed to your account, the Company may be required to disclose any and/or all private communications sent/received by you through our Services in order to prove the validity of the charges billed to your account and our Privacy Policy will therefore not restrain any such disclosures.

MISCELLANEOUS

UNUSED CREDITS AND CHARGEBACKS

Unused Credits (excluding subscription Credits) expire 90 days after their purchase date. Unused subscription Credits expire at the end of one-month subscription period and will not be moved to the next subscription period. Used Credits are non-refundable, except as provided in this Agreement or Refund and Cancellation Policy.

Should you charge back any transactions billed to your account, we may be required to disclose any and/or all private communications sent/received by you through our Services in order to prove the validity of the charges billed to your account and our Privacy Policy will therefore not restrain any such disclosures.

U.S. EXPORT CONTROLS

The Software from the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Republic of Belarus, Russian Federation, territories occupied by the Russian Federation, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U.S. Treasury Department's list of Specially Designated Nationals or in the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

INDEMNITY

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, and/or any allegations that any Content that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

LANGUAGE

The English version of this Agreement shall prevail over this Agreement in any other language. If you are using our Services in English, you waive your right to claim from us  correspondence or any document in other languages.

ENTIRE AGREEMENT

This Agreement, accepted upon use of the Services and further affirmed by becoming a Member, contains the entire Agreement between you and us regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The terms and conditions of this Agreement are subject to change by us at any time, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of this Agreement within the Services. Please note the latest modification date at the bottom of this Agreement.

Last modified: 21/03/2024