Terms of Service
These Terms and
Conditions (hereinafter referred to as this "Agreement") constitute a
legally binding contract between you and us. This Agreement outlines your
rights and responsibilities when accessing or using our websites and
applications (collectively, "our Services"). Please read this
Agreement carefully before using our Services.
By using the
Services, you affirm that you are capable of entering into this binding
agreement and that you are not prohibited by the laws of your jurisdiction from
receiving such services. You must be at least 16 years old to use the Services.
If you are between 16 and 18 years old (or the age of majority in your
jurisdiction), your parent or legal guardian must accept these Terms of Service
on your behalf before you can use the App.
1.
Your Use of the Services
We
grant you a limited, non-exclusive, non-transferable, non-sublicensable, and
revocable license to access and use our Services. This license is contingent
upon your eligibility under applicable law and remains valid until you
terminate your account or we do so.
You
are prohibited from using the Services for any unlawful purpose or in a manner
that violates any local, state, national, or international law or regulation.
You
may not outsource, subcontract, transfer, assign, or sublicense any rights or
obligations derived from this Agreement.
You
represent and warrant that:
(a)
You possess all necessary rights and permissions to enter into this Agreement,
and that doing so will not contravene any existing agreement you have with a
third party, infringe upon any third-party rights, or violate any applicable
laws or regulations.
(b)
Your use of our Services will not: (i) breach any relevant laws, regulations,
industry standards, or codes within your jurisdiction; or (ii) infringe upon
our rights or the rights of any third party, including rights related to
privacy, intellectual property, publicity, and trade secrets.
Failure
to uphold any representation, warranty, or covenant within this Agreement may
lead us, at our sole discretion and without prejudice to any other available
rights or remedies, to take one or more of the following actions: (i) cease
providing you with specific Services; (ii) suspend our obligations under this
Agreement; and/or (iii) suspend or terminate this Agreement. You will be
accountable for any resulting losses.
We
reserve the right to modify, suspend, or discontinue any part of our Services
at any time without prior notice. You acknowledge that we shall not be liable
to you or any third party for any modification, suspension, or discontinuation
of the Services.
2.
Disclaimer of Liability
Under
no circumstances shall we be liable to you or any other party for any indirect,
consequential, special, incidental, punitive, or exemplary damages (including
any loss of revenue, profits, or business) arising from this Agreement or the
provision, performance, installation, or use of our Services. This applies
regardless of whether such damages stem from a breach of contract, breach of
warranty, or the negligence of ourselves or any other party, even if we have
been advised of the possibility of such damages. Where applicable jurisdictions
limit our ability to disclaim implied warranties, this disclaimer will apply to
the fullest extent permitted by law.
3.
Your Content
You
are the lawful owner of your content and/or possess the legal right to use and
process it. You retain all copyrights and other proprietary rights you may hold
in any content you upload.
You
must not upload any content that is prohibited by applicable law. We reserve
the right to remove your content or restrict access to our Services if we
determine that any of your content violates this Agreement.
4.
Intellectual Property Rights
We
retain all ownership and legal rights pertaining to our brands and software,
including but not limited to trademarks, copyrights, and patents (collectively,
"Our Content"). You may only use Our Content with our explicit prior
written consent. Without such consent, you are prohibited from, and shall not
assist others in: (a) using, copying, publishing, modifying, reposting,
translating, distributing, or sharing any portion of Our Content; or (b)
renting, lending, selling, sublicensing, transferring, or otherwise exploiting
any part of Our Content or associated rights.
Unless
we grant express written permission, you are not entitled to, and shall not
encourage or assist others in, copying, reverse engineering, decompiling,
disassembling, or creating derivative works of our Software.
This
Agreement does not transfer any intellectual property rights from one party to
another, nor does it grant any rights to another party's intellectual property,
unless expressly permitted by us in writing.
5.
Service Disclaimer
We
provide our Services without any express or implied representations or
warranties, including but not limited to warranties of merchantability, fitness
for a particular purpose, accuracy, and non-infringement.
To
the maximum extent permitted by law, you acknowledge and agree that our
Services are provided on an "as is" and "as available"
basis, and are subject to change without notice. You assume all risks
associated with any content or information downloaded, obtained, or accessed
through our Services, as well as any risk of damage to your device or data, or
loss of content, resulting from your use of our Services or any third-party
services.
6. Privacy
To
deliver our Services, we will collect and process your personal data in
accordance with our Privacy Policy. Please ensure you read our Privacy Policy
carefully.
7. Fees and Payments
We
offer both free and paid Services. If you choose to subscribe to a paid
Service, you agree to pay the fees quoted at the time of purchase
("Fees"). We may calculate applicable taxes based on the billing
information you provide. You are responsible for all fees associated with using
the purchased Service, including data charges and currency conversion
settlements. Fees are payable in the currency specified at the time of
purchase. We reserve the right to change the applicable currency or prices at
any time, as permitted by law. However, if we have offered you a specific
service term and fee, that fee will remain valid for that term.
8. Suspension and
Termination
This
Agreement remains in effect until terminated by either you or us. You may
terminate this Agreement at any time by discontinuing your use of the Services
or deleting your account.
We
reserve the right to suspend or terminate your access to our Services under the
following conditions:
(a) For
planned maintenance or support activities related to the Services.
(b) If
we implement changes to our Services as previously notified to you.
(c) If
we have reasonable grounds to believe you have violated this Agreement.
(d) If
your use of our Services poses a risk to us or other users, could lead to
third-party claims against us, or might damage our reputation.
(e) If
such suspension or termination is mandated by applicable law.
If
your access to some or all of our Services is suspended, you will remain liable
for all fees incurred up to the suspension date and will be subject to the laws
and regulations of your jurisdiction. This includes fees accrued before
suspension but related to obligations performed after the suspension date.
Upon
termination of your access to our Services (in whole or in part), you agree
that:
(a) All
your rights under this Agreement will cease.
(b) You
will remain responsible for all fees accrued up to the termination date (if
any, including those related to obligations performed after termination).
9. Force Majeure
Neither
party shall be considered in breach of this Agreement if unable to perform its
obligations due to a Force Majeure Event. However, the affected party must
promptly notify the other and make reasonable efforts to mitigate the event's
impact. A "Force Majeure Event" includes, but is not limited to: (1)
natural disasters (e.g., acts of God, floods, fires, epidemics) and (2)
governmental actions, acts of war, terrorism, civil unrest, or widespread
strikes, excluding typical labor disputes.
10. Amendments to
This Agreement
We
may amend this Agreement (and any applicable Additional Terms) periodically to
reflect service improvements, technological advancements, or changes in
consumer rights. Therefore, please review this Agreement regularly.
When
we modify this Agreement, we will provide reasonable notice (through this page,
direct communication, or other means) before the changes take effect, allowing
you to review them. You are free to accept the updated terms or discontinue
using our Services. Continued use of the Services after the amendments become
effective signifies your agreement and adherence to the revised Agreement.
11. Governing Law and
Dispute Resolution
This
Agreement shall be governed by and construed in accordance with the laws of
your jurisdiction of residence, particularly where consumer protection laws
mandate it.
For
example:
(a) United
States Users: Claims will be governed by the laws of your state of
residence, without regard to its conflict of law principles. The Federal
Arbitration Act governs all arbitration provisions. You and we irrevocably
consent to the exclusive jurisdiction of the state or federal courts in
California for disputes arising from these Terms, except for arbitration
matters. Both parties waive the right to a jury trial or participation in a
class action for any legal proceeding related to this Agreement.
(b) EU
Users (Consumers): Any dispute arising from this Agreement shall be
resolved by the courts of your place of residence or domicile. You may also
submit a complaint via the EU's Online Dispute Resolution (ODR) Platform
at: https://ec.europa.eu/consumers/odr.
(c) Australian
Users: This Agreement does not exclude, restrict, or modify any consumer
rights under the Competition and Consumer Act 2010 (Cth) or other
non-excludable legislation. If statutory guarantees apply, our liability will
be limited, at our option, to: (A) for goods, replacing or repairing them, or
paying the cost of replacement or repair; or (B) for services, re-supplying
them or paying the cost of re-supply. Otherwise, any disputes will be governed
by the laws of our location and brought before the courts of our location.
12.
Contact and Support
For
any questions or concerns about this Agreement, or if you wish to exercise your
rights, please reach out to us via email at relysonline@outlook.com