1. INTRODUCTION AND ACCEPTANCE OF THE TERMS OF USE
1.1. These Terms of Use were posted on April 11, 2025, and apply to all users of the mobile application “Take” (the “Application”), whether new or existing.
1.2. IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS, PLEASE REVIEW IT CAREFULLY. BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF USE, THEN YOU ARE NOT PERMITTED TO USE THE APPLICATION.
1.3. These Terms of Use constitute a legally binding agreement between “the User” and Avermilk Apps (“the Provider”) regarding the use of the mobile application “Take” (the “Provider,” referred to herein as “we,” “us,” or “our”).
1.4. The term “User” or “you” refers to any individual who accesses or uses the Application.
1.5. The Application is a speaking practice tool and is not intended to provide educational services, guarantee learning outcomes, or replace formal instruction. It is not a licensed educational product, nor does it offer any professional or accredited training.
1.6. Users acknowledge that the Application is used at their own discretion and risk. While it may complement language learning efforts, it is not a substitute for comprehensive instruction or evaluation by qualified educators or institutions. Any additional service limitations stated within the Application or on its distribution platform (such as the App Store) are also considered binding.
1.7. The Application does not assess, certify, or formally improve language proficiency. It does not create a teacher-student or other educational relationship between the User and the Provider. If you have specific learning goals or educational needs, we encourage you to consult a qualified teacher or institution.
1.8. These Terms of Use constitute a legally binding agreement between the User and the Provider. By using the Application, you affirm that you have full legal capacity to accept these Terms and agree to be legally bound by them.
2. KEY DEFINITIONS
For the purposes of these Terms of Use, the following definitions apply:
“Data” means all types of data referred to in this document, including but not limited to User Data, User Content, and Usage Data.
“User Data” means all data, content, works, and materials that are:
(i) uploaded to the Application by the User;
(ii) supplied to the Provider by the User in connection with the Application; or
(iii) generated or processed through the User’s use of the Application.
User Data is governed by these Terms and the Privacy Policy.
“User Content” means content that the User adds or interacts with within the Application, such as marking items as “Favorites.” This content is stored locally on the User’s device and is not accessible to the Provider or stored on the Provider’s servers.
“Usage Data” means technical and analytical data automatically collected by the Application to support and improve the Services. This includes, but is not limited to:
a) device and model information,
b) version of the Application,
c) subscription type (monthly or yearly),
d) in-app activity (such as clicks and navigation patterns).
Usage Data is processed in accordance with the Privacy Policy.
“Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered, registrable or non-registrable, existing anywhere in the world. This includes, without limitation, rights in and to: copyrights and related rights, database rights, trade secrets, confidential information, know-how, business names, trade names, trademarks, service marks, rights of passing off, rights against unfair competition, patents, utility models, petty patents, semiconductor topography rights, and design rights, as well as any applications for any of the foregoing.
“Support Services” means any user support provided in connection with the use of the Application, including assistance with identifying and resolving technical issues or errors.
“Update” means any update to the Application or its platform components, including but not limited to hotfixes, patches, minor or major version updates.
Additional definitions may be provided throughout these Terms of Use as needed. If a term is used without being defined in this section, its definition will be given later in the document where appropriate.
3. SUBJECT OF THE AGREEMENT
3.1. These Terms of Use constitute a legally binding agreement between the User and the Provider. The Provider agrees to provide access to the Application on an “as is” and “as available” basis, and the User agrees to use the Application in accordance with these Terms of Use.
3.2. The Application is designed to facilitate speaking practice in English through the features provided in the Application.
3.3. Subject to the User’s compliance with these Terms of Use, the Provider grants the User a limited, non-exclusive, non-transferable, revocable, worldwide license to use the Application for personal, non-commercial purposes. No other rights are granted. The User shall not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any part of the Application or its content without the Provider’s prior written consent.
3.4. The User acknowledges and agrees that all rights, title, and interest in and to the Application and all associated content — including, but not limited to, the visual interface, graphics, design, audio, video, illustrations, text, data compilations, source code, object code, software architecture, and all other components of the Application — are and shall remain the exclusive property of the Provider or its licensors.
3.5. When the User uses the Application and submits, stores, or interacts with any data or content (including but not limited to adding items to Favorites, navigating through the Application, or making a purchase), the User grants the Provider and its partners a worldwide, non-exclusive, royalty-free license to use such data for the purposes of operating, improving, maintaining, analyzing usage of, and marketing the Application. This includes sharing non-personally identifiable usage data with trusted third-party service providers, such as analytics and crash reporting tools. As this data is anonymized and aggregated, it may not be possible to remove specific user contributions retroactively. For more information about the collection, processing, and use of personal data, please refer to our Privacy Policy.
3.6. The User is solely responsible for any and all activities conducted through or in connection with the use of the Application.
3.7. By accessing or using the Application, the User acknowledges that they have read, understood, allowed, and agreed to be bound by these Terms of Use. If the User does not agree to these terms, they must immediately stop using the Application.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider undertakes to:
a) Organize and ensure the proper functioning of the Application. However, this does not guarantee uninterrupted or error-free access. The Application is provided on an “as is” and “as available” basis, and may be unavailable from time to time due to bugs, technical issues, maintenance, server downtime, or other unforeseen circumstances.
b) Use the User’s data in accordance with these Terms, including for the purposes of operating, maintaining, improving, analyzing usage of, and marketing the Application. This includes the right to share non-personally identifiable data with trusted third-party service providers for analytics, performance monitoring, and crash reporting purposes. The Provider shall not disclose personally identifiable data to unauthorized third parties unless explicitly authorized by the User or required by law.
c) Provide relevant, timely, and sufficient support services, in accordance with the Provider’s capabilities.
4.2. The Provider has the right to request from the User any data reasonably necessary to fulfill its obligations under these Terms.
4.3. The Provider reserves the right to display advertisements to the User through the Application.
4.4. The Provider does not guarantee uninterrupted or error-free operation of the Application. Temporary interruptions may occur due to maintenance, updates, server issues, or other technical reasons. The Provider shall not be held liable for any loss or inconvenience resulting from such interruptions.
4.5. The User is obliged to:
a) Use the Application only within the scope of the rights granted under these Terms.
b) Refrain from copying, distributing, or publishing the Application or any of its parts.
c) Not permit third parties to use the Application or any part of it.
d) Not attempt to access, decompile, derive, or reverse-engineer the source code or architecture of the Application.
e) Not use the Application in any way that causes, or may cause, damage or impairs its availability or accessibility.
f) Not attempt to reverse compile, disassemble, or otherwise reduce the Application to human-perceivable form.
g) Not attempt to probe, scan, or test the vulnerability of the Application or any related system, or to breach any security or authentication measures.
h) Not use the Application in any unlawful, illegal, fraudulent, or harmful manner.
i) Not use the Application in connection with any unlawful, illegal, fraudulent, or harmful activity.
j) Not interfere with or disrupt the functioning of the Application or any User, host, or network, including but not limited to by submitting malicious software, conducting load testing, overloading, flooding, spamming, mail bombing, or crashing.
k) Not use the Application for any revenue-generating activity, commercial enterprise, or for any purpose for which it was not designed or intended.
l) Not make the Application available over a network or other environment permitting access or use by multiple devices or users simultaneously.
m) Not use or access the Application or any related services to build or support a competitive product, service, or solution.
n) Use reasonable efforts to prevent unauthorized access to or use of the Application, and promptly notify the Provider of any such unauthorized access or use.
o) Not disparage, tarnish, or otherwise harm the Provider or the Application, in the opinion of the Provider.
p) Comply with all applicable laws and regulations in connection with use of the Application, and not otherwise infringe these Terms.
4.6. The User has the right to use the Application solely for its intended purpose, which is to facilitate speaking practice in English through the features provided in the Application.
4.7. The User must be at least 9 years old to use the Application. If you are under the age of 18, you must have permission from a parent or guardian. By using the Application, you confirm that you meet these requirements. If you do not meet these requirements, you are not permitted to use the Application.
4.8. The User may discontinue use of the Application at any time without notice. The Provider, however, reserves the right to suspend, limit, or terminate the User’s access to the Application at any time, with or without notice, in case of breach of these Terms of Use.
4.9. Upon deletion of the Application from the User’s device, all data stored locally on the device may be erased, with the exception of data retained in the device’s Keychain or synchronized with iCloud. If the Application uses iCloud or other backup services, the User is responsible for deleting any related data from those services.
4.10. The User is solely responsible for maintaining the security of their device and for all activity conducted through access to the Application. The Provider shall not be held liable for any loss or damage resulting from unauthorized access, misuse, or failure to maintain the security of the User’s device or data.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The User acknowledges and agrees that all rights, title, and interest in and to the Application and all associated content — including, but not limited to, the visual interface, graphics, design, audio, video, illustrations, text, data compilations, source code, object code, software architecture, and all other components of the Application — are and shall remain the exclusive property of the Provider or its licensors.
5.2. Except as expressly permitted in these Terms of Use, the User is granted no rights or licenses with respect to the Application, including but not limited to any rights in or to patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other intellectual property or proprietary rights.
5.3. The Provider confirms that it has all the rights in relation to the Application that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Use.
5.4. If you believe that any content available on or through the Application infringes upon your intellectual property rights, including copyright or trademark, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please include the following information in your notice of a suspected violation:
a) A clear identification of the copyrighted or trademarked work that is claimed to have been infringed;
b) A detailed description of the material that is claimed to be infringing, including its precise location within the Application, sufficient to enable us to locate the material;
c) Contact information for the notifying party (the “Notifying Party”), including full name, telephone number, and email address;
d) A statement that the Notifying Party has a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
e) A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to act on behalf of the owner of the allegedly infringed material;
f) A physical or electronic signature of the Notifying Party or a person authorized to act on behalf of the owner of the material that is allegedly being infringed;
The Provider reserves the right to remove any content alleged to be infringing without prior notice and at its sole discretion, and/or to disable access to such content.
5.5. Your notice must be signed (physically or electronically) and sent to the following address: [email protected]. Please note that under applicable laws, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
5.6. You shall not copy, modify, distribute, sell, lease, reverse engineer, decompile, or disassemble any part of the Application or its content unless expressly permitted by the Provider.
5.7. By submitting any suggestions, comments, ideas, or other feedback regarding the Application (“Feedback”), you agree that such Feedback is entirely voluntary and shall be deemed non-confidential. You hereby grant to the Provider a worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, reproduce, display, distribute, adapt, and otherwise exploit the Feedback in any manner and for any purpose, including but not limited to improving and marketing the Application. The Provider shall have no obligation to acknowledge or compensate you for any Feedback provided.
6. RIGHT TO MODIFICATIONS
6.1. The Provider reserves the right to modify, update, or alter the Application — including but not limited to its design, functionality, features, content, or any information provided therein — at any time and at its sole discretion, without prior notice to the User.
6.2. The Provider may amend these Terms of Use at any time. Changes will be effective immediately upon publication within the publicly accessible sections of the Application or via other appropriate channels. Individual notices to Users are not required. Continued use of the Application after any such changes constitutes the User’s binding acceptance of the revised Terms.
6.3. The User is not permitted to modify, amend, or alter these Terms of Use or any other legal documents associated with the Application. Any such unauthorized modifications shall be deemed void and have no legal effect.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1. The Application is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. The Provider makes no guarantees regarding the accuracy, usefulness, completeness, or results of using the Application.
7.2. The Provider does not warrant that the Application will be uninterrupted, error-free, or free of harmful components. The Application may be temporarily unavailable due to maintenance, technical issues, server downtime, bugs, or other reasons beyond the Provider’s control.
7.3. The Provider makes no representation or warranty that the Application or its content has been developed, reviewed, or approved by certified educators, language professionals, or other licensed specialists. The Application is a tool intended for speaking practice only. It does not constitute formal education, professional instruction, or accredited training. The Provider expressly disclaims any responsibility for learning outcomes or educational progress.
7.4. The User acknowledges and agrees that the Application may not be appropriate for all individuals and is not intended to replace professional instruction, tutoring, or exam preparation. Users are encouraged to consult with teachers or qualified professionals before relying on the Application for any educational or developmental purposes.
7.5. Any stress, discomfort, or other consequences arising from the use of the Application are the sole responsibility of the User. If you experience distress or any health-related concerns while using the Application, stop using it immediately and consult with a qualified healthcare provider.
7.6. To the maximum extent permitted by applicable law, the Provider and its licensees, vendors, agents, and affiliates disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.
7.7. To the fullest extent permitted by applicable law, the Provider, its licensors, contractors, agents, and affiliates shall not be liable for any losses or damages arising out of or in connection with the use or inability to use the Application, including but not limited to direct, indirect, incidental, consequential, special, or punitive damages (including loss of profits, data, revenue, or other economic benefits), even if the Provider has been advised of the possibility of such damages. The User expressly assumes all risks associated with the use of the Application.
7.8. The User acknowledges that their use of the Application is entirely voluntary and based on their own independent judgment. The User is solely responsible for determining whether the Application is suitable for their needs and may discontinue use at any time. The Provider shall not be held liable for any consequences resulting from the User’s continued use of the Application against their own judgment or advice from qualified professionals.
7.9. To use or access the Application, the User must have a compatible device and sufficient internet connectivity. The Provider does not guarantee that the Application will be compatible with, or available on, any specific device, operating system, or browser. Compatibility may vary depending on technical requirements, software updates, or device limitations.
7.10. The User may be able to access certain third-party links, applications, content, services, or activities (“Third-Party Applications”) via the Application. If the User chooses to access such Third-Party Applications, they may be required to log in or synchronize their accounts. The User is under no obligation to use any Third-Party Applications. Access to and use of such services is entirely at the User’s own risk, and the Provider accepts no liability in connection with them.
The Provider is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. The Provider shall not be liable for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such Third-Party Applications.
7.11. In the course of operating the Application, the Provider may integrate or share certain data with third-party service providers (such as analytics tools, authentication systems, hosting platforms, or other technical partners) in order to support and improve the functionality of the Application. While the Provider takes reasonable steps to work with reputable service providers, it does not control how such third parties use, store, or secure your data once it is transferred. Accordingly, the Provider shall not be held responsible or liable for any actions, omissions, or data practices of third-party services, even if such services are accessible through or integrated with the Application. As this data is anonymized and aggregated, it may not be possible to remove specific user contributions retroactively.
7.12. We make no guarantees that the Premium features will meet your expectations or that they will be available at all times without interruption or errors. Your use of the Premium features is at your sole risk.
8. INTELLECTUAL PROPERTY AND LOGO USE
8.1. The Provider hereby grants to the User a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable license to use the Provider’s logo, brand marks, and application screenshots strictly for the purposes outlined below, subject to the terms and conditions of these Terms of Use. This license does not constitute a transfer of ownership or any intellectual property rights.
The User may use these assets for:
(a) personal, non-commercial use, including sharing experiences with the Application (e.g., in social media posts, reviews, or recommendations);
(b) promotional content created by influencers, bloggers, or media outlets (including print and online publications), provided such content does not misrepresent the Application and complies with applicable laws and platform guidelines;
(c) commercial promotion or advertising if the Provider has granted prior written permission, including paid sponsorships or collaborations.
Unless expressly authorized in writing, the User may not:
(d) use the logo or brand elements to promote or sell unrelated products or services;
(e) place the logo or screenshots on merchandise, paid courses, or monetized content unrelated to the Application;
(f) imply any official partnership or endorsement by the Provider beyond what has been explicitly agreed.
8.2. The User shall not modify or alter the Provider’s logo or brand marks in any way, including:
(a) disproportionate resizing or distortion;
(b) changing colors or applying gradients;
(c) changing the typeface;
(d) adding effects such as shadows, outlines, or filters;
(e) reconfiguring or combining the logo with other graphics;
(f) displaying the logo at unreadable sizes;
(g) manipulating screenshots to misrepresent the Application or its functionality;
(h) any other form of visual modification.
8.3. The User agrees not to challenge, or assist others in challenging, the validity or ownership of the Provider’s trademarks or intellectual property (except where prohibited by law), and agrees not to register or use any domain names, social media handles, trade names, or other identifiers that are confusingly similar to the Provider’s brand.
8.4. The Provider reserves the right to revoke or modify this license at any time, at its sole discretion, and to take legal action against unauthorized use, infringement, or misrepresentation. Any use of the Provider’s intellectual property beyond what is explicitly permitted herein is strictly prohibited.
8.5. All content and materials provided through the Application — including but not limited to logos, brand names, screenshots, illustrations, prompts, audio, texts, user interface elements, and any free, paid or premium content — are the exclusive property of the Provider and are protected by copyright, trademark, and other applicable intellectual property laws. The User may not copy, reproduce, distribute, or create derivative works from such materials without prior written consent.
9. USER DATA
9.1. The User may add content within the Application (such as marking items as "Favorites"). This content ("User Content") is stored locally on the User's device. The Provider does not have access to or store this content on its servers.
9.2. The Application also collects technical and usage data ("Usage Data") to help us provide and improve the Services. This data includes, but is not limited to:
- device and model information,
- version of the Application,
- subscription type (monthly or yearly),
- in-app activity (such as clicks and navigation patterns).
9.3. The Provider may share Usage Data with third-party service providers (such as Firebase or similar analytics providers) to support application analytics, performance monitoring, and quality assurance. Such providers process the data in accordance with their own privacy policies.
9.4. The User grants the Provider a non-exclusive, worldwide, royalty-free license to process Usage Data as reasonably necessary for the purposes described above and in accordance with these Terms of Use.
9.5. The User warrants that any User Content added does not infringe the rights of third parties, violate intellectual property or applicable laws, including data protection laws.
9.6. The Provider may process User Data when required by applicable law.
9.7. All data collected under "Usage Data" are processed in anonymized form and used exclusively for technical analysis, application performance improvement, and marketing.
10. PAID SUBSCRIPTIONS AND PAYMENTS
10.1. The usage of the Application is free of charge for all Users; however, access to certain features and content is limited in the free version. Full functionality and additional content are available through a premium subscription for an additional fee.
10.2. If you choose to purchase any of our enhanced, paid features or content, the following payment and billing terms apply.
10.3. We offer premium features of the Application for a fee. These Premium features are available through subscriptions, including but not limited to monthly and annual plans. We may also introduce other types of purchases or subscription plans at our discretion, such as a one-time lifetime access option. All such purchases are subject to these Terms of Use unless otherwise specified.
10.4. The Premium features provide you access to certain enhanced products, services, features, and functionality (e.g., access to the complete list of questions). By subscribing to the Premium features, you agree to pay all applicable fees and charges that apply to such features.
10.5. Your iTunes account will be charged at confirmation of purchase. By subscribing, you authorize the App Store to charge applicable fees to your payment method and to renew your subscription automatically at the end of each billing period, unless auto-renew is turned off at least 24 hours before the renewal date. The renewal term will be the same as the original subscription period unless otherwise disclosed. The renewal price will not exceed the price of your previous subscription period unless you are notified of a price change in advance. In case of a price increase for an existing subscription, Apple will notify you directly in accordance with its policies, and you may be required to provide consent before the new price takes effect. If you do not agree to the new pricing, you may cancel your subscription before the renewal. You can manage or cancel your subscription through your iTunes Account Settings.
10.6. We may offer a free trial subscription for the Premium features. A free trial provides access to the Premium features for a limited time, with specific details communicated at the time of the offer. Unless canceled before the end of the free trial, or unless otherwise stated, your access to the Premium features will automatically continue, and you will be charged the applicable fees. We may, but are not obligated to, notify you before the trial ends. It is your responsibility to monitor the end date of the trial. We reserve the right, at our sole discretion, to modify or terminate any free trial, your access to Premium features during the trial, or any related terms without notice or liability.
10.7. To the maximum extent permitted by applicable laws, we may change the pricing and payment terms for services offered through the Application at any time. Reasonable notice of such changes will be provided by updating the pricing information within the Application. These changes will apply to new purchases and subscriptions unless otherwise required by the App Store’s policies.
10.8. The Premium features and your right to access them expire at the end of your paid subscription period. If your payment is unsuccessful or not completed, we may attempt to notify you about the issue; however, we reserve the right to disable or terminate your access to Premium features without prior notice. You are responsible for maintaining accurate and up-to-date payment information in your App Store account. If your payment method is declined or your subscription cannot be renewed due to billing issues, your access to the Premium features may be suspended or terminated without notice.
10.9. We do not provide refunds or pro-rata billing for canceled subscriptions. Subscriptions and purchases made through an App Store are subject to that store’s refund policies. This means that we, as the Provider, cannot issue refunds directly. All refund requests must be submitted to the App Store support team. While all purchases are final from our perspective, the App Store may grant refunds at its sole discretion in accordance with its policies.
10.10. To restore all your previous purchases, use the "Restore Purchases"/”Restore” button located at the bottom of the Premium Features popup.
10.11. We make no guarantees that the Premium features will meet your expectations or that they will be available at all times without interruption or error. Your use of the Premium features is at your own risk.
10.12. Subscription management and cancellation must be done through your Apple ID settings. We are unable to manage subscriptions directly, as all billing and subscription settings are handled by the App Store.
11. OTHER PROVISIONS
11.1. If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, including but not limited to warranty disclaimers and liability limitations, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of the Terms of Use shall remain in full force and effect.
11.2. These Terms of Use, and any dispute, controversy or claim arising out of or in connection with them or the use of the Application, shall be governed by and interpreted in accordance with the laws of the Republic of Kazakhstan, without regard to any conflict of law principles that might require the application of the laws of another jurisdiction.
11.3. The parties shall make genuine efforts to resolve any disputes through amicable negotiations and shall disclose all relevant information in good faith to facilitate such negotiations. The parties agree to pursue any dispute resolution process in an efficient and cost-effective manner.
11.4. If the dispute cannot be resolved within 30 days from the start of amicable negotiations (or any other period agreed in writing), it shall be finally resolved by arbitration administered by the International Arbitration Centre of the National Chamber of Entrepreneurs “Atameken”, Astana International Arbitration Centre at the AIFC — Astana International Financial Centre, or any other agreed arbitration body, in accordance with its rules. The place of arbitration shall be Astana, Kazakhstan. The language of the arbitral proceedings shall be Russian or English. The arbitral decision may be enforced in any court of competent jurisdiction.
11.5. The parties agree that the Provider shall be entitled to seek injunctive or other equitable relief from any competent court in the world to prevent any breach or threatened breach of the Terms of Use. The Provider shall also be entitled to seek enforcement of any arbitral award or court decision rendered in Kazakhstan by courts in other jurisdictions, and the User waives any objections to such enforcement.
11.6. The prevailing party in any legal or arbitral proceeding arising from these Terms of Use shall be entitled to recover reasonable costs and attorneys’ fees.
11.7. Both the Provider and the User agree to resolve any dispute in arbitration on an individual basis only. No claim may be brought as a class, collective, representative or similar action on behalf of others.
11.8. Neither party shall be liable for any failure or delay in performance under these Terms of Use due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, strikes, government actions, pandemics, natural disasters, or technical failures. If a Force Majeure event occurs, the affected party shall promptly notify the other party of the delay and will use reasonable efforts to mitigate the impact of the event.
12. MISCELLANEOUS
12.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Application. The Terms of Use constitute the entire agreement between you and us with respect to your use of the Application.
12.2. Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
12.3. You may not assign, delegate, or otherwise transfer your access to the Application or your obligations under these Terms of Use without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms of Use and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use and in connection with the Application.
12.4. Our notice to you via email, or notices or links displayed in connection with the Application constitutes acceptable notice to you under the Terms of Use. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email. In the event that notice is provided via links displayed in connection with the Application, then it will be considered received twenty-four hours after it is first displayed.
12.5. These Terms of Use constitute the entire agreement between the User and the Provider with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, made between the User and the Provider.
13. CONTACT INFORMATION
If you have any questions, concerns, or complaints regarding these Terms of Use or the Application, you may contact us at: [email protected]. We aim to respond to user inquiries within a reasonable timeframe.