Terms of Service

1. Introduction

1.1. This website (the “Website”) is owned and operated by Gingertec LLC, a company registered in the state of Wyoming, USA, and its subsidiaries (“Gingertec”, “we”, “our”, or “us”).

1.2. Please read carefully the following terms of service together with our privacy policy and cookie policy (both integral parts of the Terms) (collectively, the “Terms”) because they constitute a binding agreement between you, the individual or entity accessing or using the Website or Services, and us.

1.3. By accessing the Website or using it or the Services in any other manner, you signify your acceptance of the Terms. If you do not agree to the Terms, you may not access or use the Website or Services.

1.4. If you have questions or comments about the Terms, feel free to contact us at: info@gingertec.us.

2. Our Services and Legal Restrictions

2.1. We offer a design and development platform that includes web design, web programming, app design, general graphic design for social media, print, labels and packaging, branding and logos, in addition to consulting services (collectively, our “Services”).

2.2. We do not provide legal or accounting services of any kind. This means that we do not review the information you provide to us for legal accuracy or sufficiency, apply the law to your situation, draw legal conclusions, or provide legal or accounting advice. If you need legal advice or have a legal question concerning our Services, you should consult with a lawyer of your choice in the appropriate jurisdiction. If you need accounting advice or have an accounting question concerning our Services, you should consult with an accountant of your choice in the appropriate jurisdiction.

2.3. If you wish to become our affiliate, our Affiliate Program Agreement applies and serves as an integral part of the Terms.

2.4. We may offer you free content on the Website, on an “as-is” and “as-available” basis, including, without limitation, information about our products, prices and plans; blog posts about design and branding; logo design ideas and tips; brand guidelines; a support center; a knowledge base index; a site map; and frequently asked questions (FAQs).

2.5. Unless we state otherwise in writing, all information and materials presented on the Website and Services are our sole property. For clarity, we reserve all rights not expressly granted in the Terms.

2.6. The Website and Services are not intended for or directed toward individuals under the age of 18. If you are under the age of 18, you do not have authorization or permission to access or use the Website or Services.

3. Your License

3.1. Subject to the Terms and full payment (where applicable), we grant you a worldwide, limited in time (during your subscription period), non-exclusive, revocable, non-transferable right to use the Website and Services (where applicable) (“Your License”).

3.2. You will own the rights to use the logo (the “Logo”) anyway you see fit and may use it for any commercial and non-commercial use, even after your subscription has expired. Your ownership of the Logo is conditioned on the following cumulative terms: 3.2.1. You pay us for the Logo in full. 3.2.2. You fully comply with the Terms. 3.2.3. You download the Logo to your device.

3.3. Your License is applicable for any commercial and non-commercial use, provided that such use is in accordance with the Terms.

3.4. We do not claim ownership over, or are in any way responsible for, Your Content (as defined below) or the Logo.

3.5. For clarity, you must use the Website’s and Services’ tools and features that we make available for their intended purpose only.

4. Fees and Payments

4.1. Our Services include free services, free trial services, and one-time payment services.

4.2. To the maximum extent permitted by law and unless otherwise specified herein, all fees are non-refundable.

4.3. You undertake to store and update your payment and contact information with respect to the Services you have purchased. If you fail to update your payment information, we may be unable to process your payments, remit refunds and other amounts payable to you. We are not responsible for any losses, non-delivery of funds, or non-delivery of documents or information resulting from your failure to store and update your payment and contact information with us.

4.4. In addition to our fees, you are required to pay all related taxes and costs in relation to paid Services, including, without limitation and where applicable, value-added tax (VAT) and any other applicable fees, costs, expenses, and taxes in connection with your paid Services.

4.5. We will charge you through the payment method you have designated immediately upon your purchase.

4.6. If we cannot charge you on time, for any reason, we may not be able to continue providing you with the paid Services. If we continue providing the paid Services, we reserve the right to charge you, and you agree to pay, for the paid Services and the associated costs in relation to your later payment. It is your responsibility to keep your payment method information correct and up to date. For clarity, we will not be responsible for any cancellation of Services or loss of any related products thereof.

4.7. In certain limited circumstances, we may issue a credit to your account. Credits are issued solely for commercial purposes and not for personal, household or family purposes. Credits may only be used to pay for goods and Services we offer through our Website. Credits cannot be applied to pay for third-party fees, including taxes. We reserve the right to change the items, fees, and transactions to which credits may be applied at any time in our sole discretion. Your credit will automatically be used to cover amounts due to us. Unless we specifically state otherwise, credits expire twelve (12) months after we issue the credit to your account. If you have not redeemed your credits within twelve (12) months, then you forfeit the credit and will not be entitled to redeem the credit. Credits are not transferrable, including by operation of law, and any attempt to transfer credits shall render the credits null and void. If the payment information associated with your account becomes invalid, or if the payment is rejected, returned, or undelivered for any reason for any due payment, we reserve the right to use any credit related to your account.

5. Discounts

5.1. We or our affiliates may offer you a discount, a coupon, or any other promotional offer (the “Discount”). The Discount allows you to purchase some of our Services at a discount.

5.2. If you apply the Discount to a subscription-based service, we will have the right to renew your subscription automatically and without notice at the full applicable payment.

5.3. The Discount may have an expiration date.

6. Vouchers

6.1. We may offer vouchers for sale (the “Vouchers”). The Vouchers allow you to purchase some of our Services at a discount.

6.2. The Vouchers are non-refundable and have expiration dates.

7. Chargebacks

7.1. If you have questions or concerns about a payment, please contact us at info@gingertec.us.

7.2. If, at any given time, we record a chargeback or other rejection of a charge of any applicable payment without justified reason, at our sole discretion, we may block, cancel, or disable your account.

8. Currencies

8.1. Based on your geographic location, the payments will be presented in one of the used currencies, including, without limitation, U.S. dollars, Canadian Dollars, Australian dollars, Euros, or Pound Sterling.

8.2. We may change our used currencies list at any given time. Our pricing list may change based on different currencies, and not necessarily in line with the then-current currency exchange rates.

9. Termination

9.1. We can suspend or terminate your rights to use the Website and Services at any time, at our sole discretion, and without prior notice, if we believe that you have breached the Terms.

9.2. Termination of your account may involve the deletion of your account along with all related information.

9.3. If we suspend or terminate your account or your rights to use the Website or Services, you immediately forfeit any amounts credited to your account. If you terminate your account and you have a credit to your account, then the credit will be forfeited.

10. Logo

10.1. Our professional design team at Gingertec LLC creates and designs customized logos for you.

10.2. As stated in Section 3, you will own the rights to use the Logo in any way you see fit and may use it for any commercial and non-commercial use, even after your purchase has been completed.

10.3. You represent and warrant that the Logo and your use of the Logo do not and will not infringe any third party’s rights, including, without limitation, intellectual property rights. In addition to and without limiting the indemnity provision stated herein, you further agree to fully cooperate with us regarding any claim or demand in relation to the Logo, at your expense.

10.4. Your ownership of the Logo and related intellectual property rights therein is conditioned upon payment of the applicable fees to Gingertec. If the event of a refund or chargeback, we will notify you that the intellectual property rights in the Logo did not transfer for lack of payment and give you 15 days to provide a different method of payment. If you fail to remedy by making proper payment within 15 days from receipt of notice, you agree that Gingertec will have the right to utilize or otherwise repurpose the Logo, and in that case you also irrevocably, unconditionally, and automatically transfer all rights in the Logo to us, as reasonable damages for services rendered.

10.5. You understand and acknowledge that we do not perform any review of the Logo for intellectual property infringement and each Logo is provided “AS IS” without warranties of any kind.

11. Consulting and Other Services

11.1. We offer consulting services in design and development, including advice on web design, programming, app design, graphic design, and branding (the “Consulting Services”).

11.2. The Consulting Services may involve reviewing and advising on your current projects, planning and strategizing new projects, and optimizing your design and development resources and processes.

11.3. We do not guarantee specific results from the Consulting Services, as they depend on numerous external factors beyond our control. We will make commercially reasonable efforts to provide you with useful and relevant guidance.

11.4. The specific terms and conditions of the Consulting Services may vary depending on the project and will be agreed upon in writing before starting any work.

12. Third Parties

12.1. The Website and Services contain links to other websites and content provided by third parties. We do not operate or monitor these websites or their content. You may find them (or the information and content posted therein) incompatible with your requirements, objectionable, annoying, improper, unlawful, or immoral.

12.2. By linking to a certain website, we do not endorse or sponsor its content, and we cannot confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.

12.3. We assume no responsibility for such third-party websites or content, or their availability or any transactions made between you and such third-party websites.

12.4. Accordingly, we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.

13. Changes and Availability

13.1. To improve the Website and Services, we may from time to time change the Website’s and Services’ structure, layout, design, or display, as well as the scope and availability of the information and content therein, without giving any prior notice.

13.2. Changes of this nature by their very nature may result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, or any failures resulting from them.

14. Operation

14.1. We will make commercially reasonable efforts to run the Website and Services efficiently and accessible, subject to our right to discontinue, temporarily or permanently, the operation of the Website and Services, or any part thereof, or block, remove or delete any content from the Website and Services at our sole discretion and without prior notice.

14.2. We reserve the right to change, suspend, or terminate at any time any portion of the Website and/or Services, or any features thereof, or prices applicable thereto, at our sole discretion. If we increase our pricing rates, we will post on our Website or Services, or send a notice (by email or other means) to you before it comes into force and effect, unless is required to comply with applicable laws. Note that additional fees by state government agencies may apply to your paid Services, and we will notify you about the same where applicable.

14.3. The Website’s and Services’ operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault-free. Accordingly, we do not warrant that the Website or Services will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that at all times it will be completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, without limitation, hardware failures, software failures, and software communication failures, originating either in us or any other service provider. Such incidents and activities will not be considered a breach of the Terms.

15. Unacceptable Use

15.1. You may not access or use the Website or Services for or in connection with any activity that constitutes or encourages conduct that would (i) constitute a criminal offense; (ii) give rise to civil liability; (iii) violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; or (iv) provide us with content that may create materials that: (a) are pornographic, sexually explicit or violent; (b) reasonably likely to cause harm or could be reasonably considered as slanderous or libelous; (c) are defamatory of any person, obscene, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringe any copyright, design right, database right or trademark of any other person; or (e) are likely to deceive any person, breach any legal duty owed to a third party, or promote any illegal activity.

15.2. You may not access or use the Website or Services to (i) upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity, and intellectual property rights; software viruses, trojan horses, worms and any other malicious application to computers and networks; or (ii) develop or create a similar or competitive product or service to the Website or Services.

15.3. You may not use the Website or Services for any commercial or business purpose that is not expressly permitted by the Terms, including, without limitation, providing the Website or Services to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing, or displaying the Website, Services, or any part thereof, without our prior written and explicit permission.

15.4. Without limiting the foregoing, you may not (i) modify any material or content that we make available on the Website or Services, except as expressly permitted under the Terms; (ii) engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Website or Services; (iii) interfere with, burden or disrupt the functionality of the Website or Services; (iv) circumvent, impair or manipulate the operation of the Website or Services; (v) work around or circumvent any technical limitations on the Website or Services, or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website or Services; (vi) embed, frame or otherwise link directly to the Website or Services, from any other webpage, application or other resources, without our prior written permission; (vii) engage in any false, misleading or deceptive acts or practices involving the Website or Services, or your identity, agency or affiliation with any person or entity; or (viii) breach the security of the Website or Services, or any network or server used by the Website or Services.

15.5. To the maximum extent permitted by law, we may at any time, at our sole discretion, and without prior notice, delete, or modify any material from the Website or Services, in whole or in part.

16. Your Rights

16.1. We respect your rights. If you reside in a jurisdiction that provides you with additional or different consumer legal rights, which may not be waived under the Terms, then nothing in the Terms limits such legal rights.

16.2. If you believe that your rights are abused on the Website or Services, you may contact us at: info@gingertec.us. We may ask you to provide us with additional information to process your complaint.

16.3. We will make commercially reasonable efforts to review your complaint and respond promptly. We will not respond to anonymous complaints.

17. Your Account and Obligations

17.1. Subject to our privacy policy, if you create an account on the Website, you agree to (i) receive communication from us, including via email messages, phone, or any other communication method that you provide us, about our Services and your account. This includes email messages from us about your experience with our service and features you can use, which you can opt-out of at any given time; (ii) fully and accurately provide the information requested by us when setting up your account and to promptly update such information, wherever and whenever necessary; and (iii) cooperate with us, including by providing us with relevant information we may request to provide you with our Services.

17.2. Without derogating from Section 4, if you fail to respond to our communications or requests for a period of three (3) months, such Services shall be deemed performed to your full satisfaction, whether or not delivered, and you will not be entitled to any refund of fees with respect to such Services.

18. Correction of Errors

18.1. We make commercially reasonable efforts to ensure the reliability and availability of the Website. However, errors, mistakes, and malfunctions may occur from time to time.

18.2. You could help us to maintain a high level of service by notifying us of any potential errors, mistakes, and malfunctions at: info@gingertec.us.

19. Intellectual Property

19.1. If you upload any type of content to the Website (“Your Content”), you represent and warrant that you do not violate any third party’s rights.

19.2. We do not claim ownership over Your Content or the Logo, subject to compliance with Section 3.2.

19.3. Unless we state otherwise in writing, all information and materials available on the Website and Services which are not Your Content and the Logo, are our sole property or licensed to us by third parties.

19.4. You grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license, permission and consent to use the Logo, Your Content, your name and likeness, and any associated rights, including intellectual property rights, the right of publicity and the right to privacy, for our internal and marketing purposes (including, without limitation, to address your requests, improve the Website and Services, and for legal defense – where applicable) and you represent and warrant that you have all the rights necessary to grant us such license. This license will survive any termination or expiration of the Terms.

19.5. Unless we state otherwise in writing, we do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses concerning the Website or Services, and we reserve all rights not expressly granted in the Terms.

19.6. Without limiting the above said, the Website’s and Services’ trademarks (whether registered or not) and copyrights, our name and logo, and the Website’s domain name are our sole property. You are not allowed to use them, or any confusingly similar mark or text, without our prior express written consent.

19.7. At your discretion, you may provide feedback to us concerning the functionality and performance of our Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to us. In the event ownership in the Feedback cannot be granted to us, you grant us at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that we may disclose that Feedback to any third party in any manner and you agree that we have the ability to sublicense all Feedback in any form to any third party without restriction.

19.8. You shall not transmit to us or upload to the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

20. Disclaimer of Warranty

20.1. We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

20.2. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE ARE NOT RESPONSIBLE FOR CORRUPTION OR LOSS OF DATA YOU SUBMIT THROUGH OUR SERVICES. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

20.3. INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE, RECOMMENDATIONS, MEDIATION OR COUNSELING UNDER ANY CIRCUMSTANCE AND NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED. WE DO NOT WARRANT OR GUARANTEE THE ACCURATENESS, COMPLETENESS, ADEQUACY OR CURRENCY OF THE INFORMATION CONTAINED IN OR LINKED TO THE WEBSITE. YOUR USE OF INFORMATION ON THE WEBSITE OR MATERIALS LINKED TO THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT A LAW FIRM, AND THE WEBSITE IS NOT A LAWYER REFERRAL SERVICE. IN FACT, IF YOU HAVE LEGAL QUESTIONS, YOU SHOULD CONSULT COMPETENT LEGAL COUNSEL TO ENSURE THE APPROPRIATENESS, COMPLETENESS, ADEQUACY OR CURRENCY OF THE DOCUMENTS PROVIDED.

21. Limitation of Liability

21.1. We, and our employees, directors, shareholders, advisors, and anyone acting on our behalf, will not be liable to you or any other person for the Website’s and Services’ properties, abilities, limitations, fitness to your needs, or for the availability or unavailability of any content through the Website and Services.

21.2. We, and our employees, directors, shareholders, advisors, and anyone acting on our behalf, will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses, and payments, either in tort, contract, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the Website and Services, or any failure, error, or breakdown in the function of the Website and Services, or from any fault or error made by our staff or anyone acting on our behalf, or from your reliance on the content or material originating from third parties, or any communication with us or with other users in connection with the Website and Services – whether or not we have been advised of the possibility of such damage, loss, costs, expenses or payments.

22. Indemnification

22.1. You will indemnify, defend and hold harmless us, our employees, directors, equity holders, advisors, and anyone acting on our behalf from and against any claims, demands, damages, losses (including, without limitation, loss of profit), payments, including, without limitation, payments of taxes owed by you, or expenses, including legal expenses and attorney fees, that we incur in connection with (i) your breach of the Terms or any unlawful or tortuous action or inaction by you or anyone on your behalf concerning the Website and Services; (ii) the Logo or Your Content; or (iii) your use of our Services.

22.2. For clarity, your breach of the Terms includes, without limitation, the following: (i) any violation of the Terms or any part thereof; (ii) any violation of any third party’s rights resulting from Your Content, the Logo, or your use of the Website or Services; and (iii) any other type of claim that your use of the Website or Services caused damage to a third party.

23. Updates

23.1. From time to time, we update the Terms. We will send you an email message or post a notice on the Website, thirty (30) days before our updated Terms take effect, unless the update includes non-material changes (non-material changes will be effective immediately and without a notice), and except in urgent situations such as preventing fraud, compliance with applicable law, or addressing security and operability issues (which will be effective as soon as required, at our sole discretion). If you object to any changes, you may cancel your account.

23.2. By continuing to use the Website or Services after the updated Terms take effect, you signify your agreement to the updated Terms, unless applicable law requires us otherwise.

23.3. We may modify, enhance, or improve the Website and Services, and may accordingly offer additional tools and features. Such additional tools and features may be governed by additional or different terms, as provided by us, where applicable.

24. Class Action Waiver; Jury Waiver; Governing Law and Jurisdiction

24.1. Most concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center at info@gingertec.us. In the unlikely event that the Gingertec Customer Care Center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), Section 24 applies.

24.2. No class or representative actions or arbitrations are allowed under the Terms. The parties agree that any dispute or claim between us, including those arising out of or related to the Terms or our Services, is personal to us and that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Section 24, references to “Gingertec,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under the Terms or any prior agreements between us.

24.3. You and Gingertec agree to waive your rights to a jury trial with respect to all disputes, including, without limitation, disputes that are (a) arising out of or related to the Terms or our Services; and (b) related to advertising, privacy, data security, and the use of the Website.

24.4. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. Gingertec and you agree that:

24.4.1. If you are located in the United States or its territories, the following terms will apply:

24.4.1.1. The Terms and any claim, cause of action, or dispute arising out of or related thereto, will be governed solely by the laws of the state of Wyoming, regardless of your country of origin or where you access the Website or Services, and without giving effect to any conflicts of law principles of any state or jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of Wyoming.

24.4.1.2. All claims arising out of or relating to the Website or our Services, or to your relationship with us, will be litigated exclusively in the federal or state courts of Wyoming, Wyoming, United States, and you hereby consent to the exclusive jurisdiction of such courts and waive any claim that such courts constitute an inconvenient forum. You agree to accept service of process by any means permitted by the applicable law and waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

24.4.2. If you are located outside of the United States or its territories the following terms shall apply:

24.4.2.1. The Terms and any claim, cause of action, or dispute arising out of or related thereto, will be governed solely by the laws of the State of Wyoming, regardless of your country of origin or where you access the Website or Services, and without giving effect to any conflicts of law principles of any jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Wyoming.

24.4.2.2. All claims arising out of or relating to the Website or our Services, or to your relationship with us, will be litigated exclusively in the competent courts in Wyoming and you hereby consent to the exclusive jurisdiction of such courts and waive any claim that such courts constitute an inconvenient forum. You agree to accept service of process by any means permitted by the applicable law and waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

25. Assignment

25.1. We may assign or transfer our rights or obligations under the Terms to any third party.

25.2. You may not assign or transfer your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment or transfer by you will be null and void, unless we state otherwise in writing.

26. Miscellaneous

26.1. The paragraph headings herein are intended solely for the purpose of orientation and reading convenience and will not be used for interpretation purposes.

26.2. The Terms constitute the entire agreement between you and us. The Terms supersede any agreements, negotiations, and understandings, whether written or oral, and no waiver, concession, extension, representation, alteration, addition, or derogation from the Terms will be effective unless we state otherwise in writing.

26.3. If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of the Terms will remain in full force and effect, to the maximum extent permitted by law.

Last Updated: July 1, 2024