Terms of Service
This Vesta Terms of service agreement (the "Agreement") governs the contractual relationship between Discipline Exe LLC as a service provider and any natural person as a service user.
1. General provisions and definitions
1.1 Discipline Exe LLC is a legal entity, incorporated under the laws of the State of Florida, USA, document number L26000206677, address 6024 Mausser Dr C, Orlando, FL 32822, USA (the “Company”). Depending on your location, the System in which you access the Services, or other relevant factors, your subscription or purchase may be sold to you by Platform Owner - Discipline Exe LLC - a legal entity, incorporated under the laws of the State of Florida, USA, document number L26000206677, address 6024 Mausser Dr C, Orlando, FL 32822, USA. Where your subscription or purchase is completed through Platform Owner, this entity is your contractual counterparty for the commercial transaction and is directly responsible for the sale of the Services. Access to the Services and the System is developed and provided by the Platform Owner. Both the Platform Owner and the Company ensure the delivery and performance of the Services in accordance with the applicable Terms of Service, Privacy Policy, Subscription and Refund Policy, Acceptable Use Policy and other applicable documentation (if any) and each entity assumes distinct liability for its respective operational obligations to you as the Client.
1.2 Any person using Company's services / systems as indicated in this Agreement is considered to be a client of the Company under this Agreement (the "Client" / "You").
1.2.1 The Company under the Agreement offers services only for natural persons of legal age.
1.2.2 You, as a natural person, as well as a user of the Company's services, shall be responsible for making sure You are applicable to use the Company's services.
1.3 The Company offers an AI-powered personal style assistant that is designed to help You curate, organize, and enhance Your wardrobe, providing personalized fashion recommendations to elevate Your appearance (the "Services"). The Services can be reached and used via Progressive Web App (the "PWA"). PWA, its designated website https://aivestaa.com (the "Website") and any other system / online ecosystem used by the Company to provide You Services shall collectively be referred to as the "System".
1.3.1 The exact functionalities of the features are visible in the System.
1.3.2 Content generated while using the Services, as visible in the System (for example photos, videos) hereinafter may be referred to as the “Generated content”.
1.3.2.1.To see the results of the Generated content You will have to provide Your email address. This email address will be used by the Company to communicate with You regarding Your orders/use of the Services or System.
1.3.2.2.2 The Generated content shall not be considered as a professional service. The Generated content is provided for informational and entertainment purposes only and is intended to assist the Company in delivering personalized recommendations, offers, and services.
1.3.2.2.3 The Company shall not be held liable for any damage, loss, or inconvenience arising from the completion of, or reliance on, the Survey or its results. The Client acknowledges that the Survey and related assessment tools are provided for entertainment purposes only, and that different results may be obtained if alternative approaches or methods are used.
1.3.2.3 The tailored program will become accessible to You once you choose the option to claim Your program (by clicking „Continue and unlock" or similar option on the System) and the payment for chosen subscription plan is made by You using payment methods available on the Website.
1.3.2.3.1 The price applicable to You as the client is shown on the System and includes the following information: a) regular price; b) price with a discount applicable during the discount period (if any); c) general information about the subscription model applicable to Your order. The Company shall have a right to provide additional information and change its placement.
1.3.2.3.2 You must read all disclaimers and information provided regarding the price, payment method and subscription model, including the Subscription and Refund Policy also, consider the proposed price before making the order and paying for the Services.
1.3.2.3.3 By making the payment for the Services You conclude this Agreement.
1.3.2.3.4 Once You pay for the selected subscription plan, You will be presented with Your tailored program and will be enabled to use the Services using PWA after completing Account creation procedure (Clause 2 of this Agreement).
1.3.3 The list of actions in Clause 1.3.2. of this Agreement may change based on the way You reach the System (via internet search, using promo link, etc.). However, in all cases You shall be asked to conclude a Survey, provide Your email address and confirm Your order by making a payment.
1.3.4 The Company shall have a right to change the content of Surveys and list of Services from time to time, without any prior notification to the Client.
1.3.5 The Client shall be entitled to use the particular part of the Services for which the Client has paid in full, only for the paid period.
1.3.6 Company's Services and System are available globally with possible restrictions in some areas due to regulatory restrictions. The Client shall be obligated to make sure it is legal to access System / use the Services in Client's location.
1.4 By making the payment as indicated in the Clause 1.3.2.3.1. and further using the Services in any scope You are agreeing with the Agreement and any other rules governing Services / System. For the avoidance of doubt, by using Services / System, You acknowledge reading the Agreement and understanding that You have entered into a legally binding agreement between You, as a user, and the Company, as a service provider.
1.5 This Agreement takes effect at its full scope at the moment You click "Continue and unlock" (or similar option that is available on the System to claim the program) and make the payment for the selected subscription plan on the System. The rules of this Agreement mutatis mutandis are applicable to the purchase of any separate (one time) services or products, as well as to the use of System prior to making the payment for the Services / without signing up to the System / creating the Account, including but not limited to, the rules set forth in Privacy Policy, Subscription and Refund Policy and Acceptable use policy.
1.6 By entering into this Agreement, You expressly agree to waive Your right of withdrawal, as the Services (and any products purchased) consist of digital content that is not supplied on a tangible medium. By purchasing digital products, the Client provides prior consent and acknowledges that the Company will begin the immediate performance of the Agreement. The Client further acknowledges that they will lose the right of withdrawal. Therefore, refunds will not be provided unless there’s a fault with the digital content and provision of the Services from the Company side.
1.7 You can contact the Company by filling a question box on the Website in the "Contact" section, as well as by sending an email to [email protected] . For the matters regarding this Agreement, we recommend contacting the Company via email, by sending your inquiry to [email protected]
1.8 The Company shall have the right to unilaterally modify and / or update the Agreement at any time without notice. The continuous use of the Services by the Client shall be deemed as acceptance of Agreement in the last and most updated version. Any Client shall periodically check and assess the Agreement. About any changes You will be notified via email or a notification on PWA. The latest version of the Agreement shall be available at Terms of Service .
1.9 By Agreeing to this Agreement, You acknowledge and agree that the Company may process Your personal data without Your consent where processing is necessary for the performance of the Agreement to which You are a party.
1.10 If You disagree to be bound by the terms and conditions of this Agreement in any scope or way, You must not use or must immediately cease Your use of the System / Services or any part of it, as well as its features and functionalities.
2. Creating an account
2.1 If You wish to use the Services, You must follow the instructions provided by the Company and register to the System by filling the registry form and providing necessary information / confirmations. The instructions on how to install PWA and create an Account shall be provided to you once you make the payment for the Services, also – via email alongside order confirmation. Once all steps are fulfilled, You will be able to use Your user's account (the "Account").
2.2 To use the Services, You may save the Vesta PWA on Your device home screen as indicated in the instructions or reach the System using internet browser.
2.3 Upon using the System, the Client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used for the provision of the Services and proper usage of the System. The latest version of Privacy Policy, containing cookies’ policy, is available at Privacy Policy .
2.4 Upon filling the registration form, the Client must provide:
2.4.1 Name.
2.4.2 Unique password, created by the Client.
2.4.3 A confirmation that the Client agrees to the Agreement and other applicable policies of the Company.
2.5 It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services / System (if any).
2.6 The Client might be asked to perform a test to tell computers and humans apart and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order / payment / withdrawal or at any other stage at the discretion of the Company.
2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.
2.8 The Client must provide its payment details to conclude the order for Services.
2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company's decision.
2.10 By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner / has legitimate ground for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own email address, using its own bank account to pay for the Services, and using its own device for the PWA, etc.
2.11 Accounts can be created only for personal use. The Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for own use and cannot be used to use Services on behalf of another individual or entity.
2.12 The Client shall always keep Account and payment data up-to-date. The Client may amend its data at any time using PWA.
3. Suspension of the provision of Services and removing the access to the Account:
3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. The Company reserves the right to suspend any provision of the Services (in part or in full) and / or to remove access to the Account at any time upon the decision of the Company.
3.2 In addition to the Clause 3.1., the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:
3.2.1 The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.
3.2.2 The Client is not of a legal age.
3.2.3 The Client is using Services / reaching the System from the restricted location.
3.2.4 The Client violates Acceptable Use Policy rules. The latest version of Acceptable Use Policy is available at Acceptable Use Policy .
3.2.5 The Client's actions in any way pose security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.
3.2.6 The Client's actions are in any way in a breach of any applicable law or regulation, including generally accepted rules of good morals.
3.3 In case the Client's right to access the System or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension.
3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.
3.5 In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the company shall have the right to address competent law enforcement authorities and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company.
4. License to access and use the System
4.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the System and materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered / paid for by the Client.
4.2 The System is intended for personal and Your own legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws.
4.3 The materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.
4.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client's license to use the System shall be automatically suspended.
4.5 Unless otherwise stated, the Company undertakes to ensure that the intellectual property rights in the System and material on the System is properly protected from any possible violations. The Client acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were offered by the Company in connection with the Agreement System are properly protected and the Client is obliged not to breach any of the above mentioned rights nor of the Company, neither of any third parties.
4.6 The Client obliges not to violate any intellectual property rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company's logo and trademarks. The Client shall not:
4.6.1 Republish material from the System unless it is separately allowed by the Company in writing.
4.6.2 Sell, rent or sub-license material from the System unless it is separately allowed by the Company in writing.
4.6.3 Show any material from the System in public.
4.6.4 Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.
4.6.5 Redistribute material from the System.
4.6.6 Edit or otherwise modify any material on the System.
4.6.7 Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.
4.6.8 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.
4.6.9. All rights not expressly granted to You in this Agreement are reserved by the Company.
5. Risks
5.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
5.1.1 Risk related to the nature of the Services and content type:
5.1.1.1 The Service may include, without limitation, advanced AI analysis offering comprehensive assessments of colors, patterns, and styles that may best suit the Client; real-time outfit feedback to help refine looks before leaving the house; personalized shopping picks curated to the Client's unique preferences; daily outfit suggestions customized to the Client's body type, color profile, and aesthetic; and access to an AI stylist providing wardrobe guidance and styling advice. All content provided through the System, including AI-generated analyses, recommendations, feedback, and suggestions, is intended solely for informational and entertainment purposes and should be regarded as such. The content does not constitute professional fashion, styling, or consulting advice, and Clients remain solely responsible for any decisions made based on such content.
5.1.1.2 The information presented within the System may be derived from various sources, including but not limited to publicly available data, industry trends, and AI-generated analysis based on Client's inputs. Consequently, the accuracy, reliability, and validity of such information are not guaranteed by the Company, and the Company shall not be held liable for any reliance placed on it by the Client.
5.1.1.3 Due to the evolving nature of fashion trends, style preferences, and differing professional approaches, the content provided within the System may be subject to varying interpretations or opinions. Clients are encouraged to view the information critically and, where appropriate, seek additional perspectives or professional advice before making decisions based on the content.
5.1.1.4 The Client must understand that the content provided in the System is not intended to serve as professional fashion, styling, or consulting advice. Users should consider the source and nature of the information and are encouraged to exercise their own judgment or seek guidance from qualified style or fashion professionals before making decisions that could significantly affect their wardrobe, purchases, or personal image.
5.1.1.5 Additionally, the Client should be aware that some content generated by the System may be perceived as sensitive, personal, or potentially uncomfortable, particularly where style, body image, or personal appearance are concerned. If You find any information provided in the System to be upsetting, offensive, or otherwise unsuitable, You are advised to discontinue use of the Services and, if appropriate, seek guidance from a trusted professional or alternative resources.
5.1.1.6 By using the Services/System, You agree to bear full responsibility for any actions taken based on the information or recommendations provided and acknowledge that the content is for informational and entertainment purposes only:
- Certain features of the Services allow You to receive AI-generated styling outcomes. To utilize these features, You may be required to upload photographs of Yourself. By uploading such photographs, You provide Your explicit, informed, and voluntary consent for the Company to process these images using artificial intelligence technologies for the sole purpose of providing the Services.
- You understand that AI-generated outcomes are experimental and subjective. The Company does not guarantee the accuracy, suitability, or aesthetic satisfaction of these results.
- The Company does not guarantee the accuracy, suitability, or aesthetic satisfaction of AI-generated outcomes. The Company disclaims any and all liability for any outcomes, losses, data breaches (to the extent permitted by law), or other consequences resulting from the use of uploaded content or the AI-generated suggestions provided within the System.
5.1.2 Risk of software or other IT weaknesses: there is no guarantee or warranty that the process of using System and / or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.
5.1.3 Regulatory risk: it is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as usage of the System and / or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the System / Services is in compliance with the applicable law.
5.1.4 Risk of theft and Internet vulnerability: the underlying software application and software platform, other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use System and / or Services.
5.2 You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages that claim to be from the Company. You should always log into Your Account via Website/PWA on Your device, use communication tools in the System, contact as via the "Contact" section or contact us via email by sending an inquiry to the address [email protected] if You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.
6. Payments and refunds
6.1 Services may be available for a fee or for free (for example, on a free-trial basis for a limited period of time if applicable). The Company shall have a right unilaterally, on its own discretion, to determine the price of Services, the duration of the validity of the price, the applicable promotions and discounts, and other rules related to the payment of the Services.
6.2 The latest and up-to-date list of applicable prices for the Services is available on the System after the Client clicks on the option “Continue and unlock” (or similar option that is available on the System to claim the program). If an existing Client wishes to upgrade or change the current plan, the Client shall contact us via the “Contact” section or via email [email protected] with a request to change the order (or order an upgrade during the same session when the program is initially claimed). The Client may be asked to conclude a new order and may be reimbursed for a previous order’s unused but paid off Service part.
6.3 All prices and fees are in US Dollars or EUR (depending on Services location) unless otherwise indicated on the System.
6.4 The prices and the scopes of any Services can be changed by the Company without any prior notice. The Client shall always check the System for applicable prices and features for every Service before making an order. The price of a Service that has already been ordered and is ongoing may only be changed with the Client’s consent, provided such consent was given as part of the initial subscription.
6.5 If You are using Services on a free-trial basis, after the expiry of such trial, Your right to use the Services may be suspended until You make a payment for further provision of the Service or You may be charged a regular price that was indicated to You before accepting free-trial promotional offer (price without a discount).
6.6 Most of our Services are offered on a subscription basis (recurring payments). The subscription price for the chosen Services is based on a subscription plan selected by the Client. This means You will be charged Service price once every service provision period and Your right to use the Services will be renewed for the paid period unless You cancel the subscription beforehand as per the rules indicated in the Subscription and Refund Policy .
6.6.1 You must read the Subscription and Refund Policy in full before making the decision to order Services. The latest version of the Subscription and Refund Policy is available as per the link above.
6.6.2 Subscription price is the price You chose from provided subscription plan options while completing the order and it might be composed of discount price (applicable for a limited time period, referred to as the "Initial Phase" in the Subscription and Refund Policy) and regular price (applicable for the period after the discount price is no longer applicable, referred to as the "Regular Phase" in the Subscription and Refund Policy).
6.6.3 If not canceled, subscription price for the Services will be charged for every further period. By using the Services, the Client expressly agrees to and accepts this recurring payment process.
6.6.4 In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective order.
6.6.5 The Client must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the subscription payment option.
6.6.5.1 In case the Company is not able to charge the fee until the start of a next Service provision period, Client's access to the Services shall be removed immediately. In such a case, to reinstate access to Services the Client may resolve the issue so the charge can be done within 2 months for the Service provision; after the 2 month period the Client must make a new order to gain access to the Services.
6.6.5.2 Failure to pay (in full or in any part) for the ordered Services is considered to be a material breach of the Agreement and results in a termination of the Agreement. The Agreement can be terminated by the Company in case the payment is not concluded in 2 months from the day it initially had to be made.
6.6.5.3 In the event of a payment failure due to reasons on the Client's side (such as an expired credit card or insufficient balance), the Company may attempt to automatically reprocess the payment (but not more than 6 times in a 2 month period). By using the Services, You acknowledge and agree to the Company's right to initiate such automated retries to ensure uninterrupted service.
6.7 Some Services or Products, such as educational materials, style guides, style assistance or similar resources, may be offered on a one-time payment basis. Payments must be completed following the instructions provided in the Service offer and order confirmation. In cases where the Service offer or order processing procedure does not specifically address certain terms, the rules governing the Subscription model shall apply mutatis mutandis to one-time payments.
6.8 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency is indicated in the System and confirmed by the Client when confirming an order.
6.9 Any fees already paid are non-cancelable and non-refundable, except for Services that meet the conditions set forth in the Clause 4 of the Subscription and Refund Policy .
6.10 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
6.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement. The Client shall update its payment information to always keep it up-to-date.
6.12. The Company may, if necessary, additionally engage a third-party service provider (Stripe, Inc., a corporation organized under the laws of the State of Delaware, USA, with its address 354 Oyster Point Blvd, South San Francisco, CA 94080, USA) who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds, excluding any sales and transactions conducted via PayPal or its affiliates - such transactions shall be processed directly by, the Company. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact Us at [email protected] .
6.13 All monetary transfers conducted by You for the Services are handled and transacted through third-party dedicated gateways to ensure the Client's protection.
6.13.1 Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
6.13.2 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client's credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information (like card information) will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.
6.13.3 The Company may change the third-party payment service provider from time to time.
6.14 Any claims regarding the applied Services' fee or amounts charged must be submitted in writing no later than 30 days after the date of application of the fee or the charging of the amount.
7. Third party and other disclaimers
7.1 The Company at its own discretion may use or provide access to third parties to provide services like payment processing, register users, etc. The Client acknowledges accepting and understanding that in order to ensure proper use of System and provision of Services, Client's data may be disclosed to such third-party service providers and expressly agrees with such data provision.
7.2 The use of third-party services are subject to the third-party's terms of service. The Client acknowledges and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party's services shall be resolved directly between the Client and the respective third-party.
7.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
7.4 Information on the System, as well as any content on Company’s social media pages is not promised or guaranteed to be correct, current, or complete, and they may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.
8. Indemnification
8.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents and product related partners from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) Client’s failure to comply with Client’s obligations under any and all laws, rules or regulations applicable to Client under this Agreement, except to the extent such violation arises out of Company’s failure to comply with Company’s obligations hereunder.
8.2 The Client may from time to time provide suggestions (feedback) or own content (for example, during some lessons the Client may choose to provide a written answer or comment) to the Company. All suggestions / own content are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions / own content, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions / own content provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. For the avoidance of doubt, the Client agrees that the Company or any third party related to the development of Services and / or the System shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and / or System) any suggestions, enhancement requests, recommendations or other feedback, as well as Your own content (like Your answers to the questions, comments while using the Services, Your evaluations provided via email, etc.) provided by You, relating to the operation of the Services / System. The Company urges You not to share information that is highly personal or that You wish to keep confidential, and to always evaluate it beforehand.
8.3 The System and the Services are provided "as is" and You use the System and / or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System / Services, and that any statements whatsoever made by the Company to the Client outside of this Agreement are not material and have not relied upon by the Client.
8.4 You, as a Client, shall be solely responsible of making sure You are able to use Services and access System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access System and / or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice by contacting the Company via the "Contact" section or email by sending an email to [email protected] . In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regard to the compatibility.
9. Termination of the Agreement
9.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company's policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds / rewards.
9.2 You may terminate this Agreement by canceling Your order (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid period.
9.3 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.
9.4 If You wish to Terminate the Agreement, You can take the following steps:
9.4.1 Client who ordered the Services on the Website may cancel the Services by logging into their Account on the Website or contacting the support team by email or option "Contact" on the website.
9.4.2 Clients who ordered the Services through the Apple Store or Google Play, as well as PayPal may cancel the Services through the respective means they used to order the Services or may contact the support team by email or option "Contact" on the website to ask for assistance in cancelling the Services.
9.5 Deleting the application (PWA) from Your device does not cancel the subscription or terminate the Agreement.
10. Governing Law and sanctions
10.1 The laws of the State of Florida, United States (excluding its conflicts of law principles), shall govern this Agreement and Your use of the Services. Your use of the System may also be subject to other local, state, national, or international laws.
10.2 If You have any concern or dispute about the Services or System, You agree to first try to resolve the dispute informally by contacting the Company at [email protected] . Most concerns can be resolved this way.
10.3 Any dispute that is not resolved through the informal process set forth in Section 10.2 shall be settled by binding arbitration in Orlando, Florida, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.
10.4 Notwithstanding Section 10.3, the Company shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s intellectual property rights.
10.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties' claims shall be combined or consolidated only with the written consent of all affected parties.
10.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions' laws, regulations and norms.
10.7 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.
10.7.1 By using the System / Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the "Sanctions List").
10.7.2 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services / System. Failure to do so can result in Your Account being suspended or terminated.
10.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its System / Services not available from such locations.
10.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
11. Miscellaneous
11.1 The Company and the Client consent to the English language in relation to the communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.
11.2 Any updates of this Agreement come in force at the moment it is published at the System as indicated in Clause 1. By using the Services You agree to be bound by any updated version of the Agreement.
11.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.
11.4 You are encouraged to contact us by the means indicated in this Agreement. Contacting us via the "Contact" section shall be considered to be the primary means of communication. You can also contact us by sending an email to [email protected] .
11.5 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).