This serves as a succinct outline of key rights and obligations outlined in the following Articles. It is intended for quick reference, and it is emphasized that only the enumerated Articles below hold legal binding. For a comprehensive understanding of your rights and obligations, it is imperative to thoroughly review the entire Terms of Service document.
User Rights:
The User is granted a license to install the App on their Device solely for personal use.
Usage of the App is permissible only for individuals aged 18 or older, subject to additional conditions delineated in Article 2.1.
Termination of Service and App usage is within the User's prerogative, attainable by account deletion.
The User has the option to procure Premium Services or paid Content, governed by terms delineated in Article 7 and participation in the Loyalty program.
User Obligations:
Usage of the App for unlawful activities or actions detrimental to the App or its users is strictly prohibited.
Misleading other App users, including the utilization of counterfeit profiles or impersonation, is expressly forbidden. It is acknowledged that despite prohibition, Users may encounter attempts of deception from others.
Users bear responsibility for the Content they distribute, with mutual responsibility incumbent upon other Users. The App does not endorse any Content.
Users are obligated to review and comprehend the terms outlined in our Privacy Policy.
The following subjects will be discussed in these Terms of Service:
- 1.Introduction
- 2.Eligibility
- 3.Description of the App and the Services
- 4.Intellectual Property
- 5.Content and Behaviour
- 6.Your Data
- 7.Premium Services and paid Content
- 8.Third Parties
- 9.Termination
- 10.Liability
- 11.Indemnification
- 12.Warranties
- 13.General
1. Introduction
1.1 Prior to utilizing our software programs and associated documentation (referred to as the "App") as well as any services facilitated by the App (referred to as the "Services"), please ensure to thoroughly review the following provisions of these Terms and Conditions of Use ("Terms") to fully comprehend its contents. The collective reference to the App and Services shall be denoted as the "Products".
1.2 For any inquiries or technical assistance required, kindly direct your communication via email.
1.3 Your utilization of the Products is contingent upon strict adherence to these Terms, along with all pertinent laws, regulations, and statutes. Furthermore, usage of the Products implies your consent to enter into a legally binding agreement with Fun Partner Co., Limited ("we", "us", or "our"), headquartered at Unit D, 16/F, Hyde Centre, 18 Moab Road, Wan Chai, Hong Kong, governing the utilization of the Products on your device. By registering for Product usage, you are formally entering into an agreement with us. Should you disagree with these Terms of Service ("Terms") or our privacy policy at any juncture, we urge you to cease Product usage immediately.
1.4 Our Products undergo continual evolution, subject to modification at our sole discretion. We reserve the right to cease provision of the Products or any associated features, either permanently or temporarily, to you or to users at large. Additionally, we retain the authority to impose usage and storage limitations as deemed fit, without prior notice. We also reserve the right to withhold distribution of your Content on the Services, impose restrictions on Content distribution or visibility, suspend or terminate user accounts, and reclaim usernames, all without incurring liability towards you. Certain Products or features may be offered for a fee; your utilization or payment for any such Products implies acceptance of any supplementary terms applicable to said Product.
1.5 Amendments, supplements, or replacements to the conditions outlined in these Terms, as outlined in Article 13.5 below, may be implemented. These Terms were last updated on June 1, 2024.
2. Eligibility
2.1 You are permitted to utilize the App and/or Services solely if you have reached the age of eighteen (18) or older, and are not prohibited from utilizing the App or receiving the Services according to the laws of your respective jurisdiction. Furthermore, you must possess the legal capacity and authority to enter into this Agreement and establish a binding contract with us;
You are prohibited from accessing the Products if you are under the age of 18, have a history of being convicted as a sex offender, are accused or convicted of any crimes related to human trafficking or modern slavery, lack legal capacity, or are legally restricted from using the Products as per the laws of your country of residence.
You are also prohibited from accessing the Products if you are situated in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country. Additionally, if you are listed on any U.S. Government list of prohibited or restricted parties.
2.2 Any use, registration, or access to the Products by an individual who fails to meet the aforementioned eligibility requirements shall be considered unauthorized, unlicensed, and in violation of these Terms.
2.3 By agreeing to these Terms, you affirm and warrant that you possess the full ability and competence to adhere to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms, and are committed to abiding by and complying with their provisions.
2.4 We reserve the right to terminate your account, remove any Content or information that you have shared on the Services, and/or restrict your access to or use of the Products (or any portion of the Services) if we determine that you do not meet the eligibility criteria specified above.
3. Description of the App and the Services
Our Objective and Services
Our primary goal is to facilitate global connections and meaningful conversations in real time, empowering individuals to engage with others worldwide. To achieve this objective, we offer a range of Products (including Apps and Services) as outlined below.
Our Products are designed to enable effective communication and interaction among users. We facilitate connections and help users discover and engage with people and friends across our platforms. Leveraging user data, we personalize connections and conversations, ensuring relevance and depth. Our technologies and systems are engineered to provide a seamless user experience, enabling connectivity and content sharing through various mediums such as live video, chat, text, photo sharing, interests, music, videos, and discussions.
Product Enhancement and Research
We are committed to continuously improving our Products through research and development efforts. This involves analyzing user data and behavior to enhance existing Products and introduce new ones. We invest in advanced technologies like artificial intelligence, machine learning, and augmented reality to ensure safe and innovative user experiences. These advancements aid in content moderation, including the detection and removal of illegal or inappropriate content.Safety Measures
Ensuring safety within our platform is a top priority. We employ technical systems and dedicated teams to detect and address misuse of our Products. Upon identifying improper content or conduct, we take appropriate actions, which may include blocking or disabling accounts. Additionally, we may share data with affiliates and third parties to address security concerns and maintain a safe environment.
Global Accessibility
Our Products are designed to be accessible globally, necessitating the storage and distribution of data across international borders, including outside users' countries of residence. This global infrastructure involves collaboration with third-party service providers and affiliates to support our Products' operations and accessibility.
Device Usage
3.1 By downloading the App, you affirm ownership of the Device or possess legal authority over its use. You agree to ensure that any individual granted access to the Products complies with these Terms.
App Updates
3.2 We reserve the right to introduce additional features, modify existing functionalities, or release new versions of the App to enhance performance, address system changes, or improve security.
3.3 In the event of updates, you may be required to accept revised Terms to access new features or versions of the App.
3.4 You acknowledge our authority to automatically deploy updates or upgraded versions of the App to your Device without prior notification.
3.5 We are under no obligation to provide additional features, modifications, updates, support, or subsequent versions of the App or Services.
Emergency Services Disclaimer
3.6 Our Products do not support emergency calls to hospitals, law enforcement, or medical services. Users must maintain separate access to traditional emergency services through cellular or fixed-line telephone providers.
3.7 We do not replace primary telephone services and are not liable for any shortcomings in emergency assistance.
Prevention of Unauthorized Use
3.8 We reserve the right to employ lawful measures to prevent unauthorized use of the App or Services, including technological barriers, IP mapping, and cooperation with wireless carriers or device manufacturers.
Any processing of personal data for this purpose will adhere to our Privacy Policy.
4. Intellectual Property
Ownership
4.1 Our Products are protected by copyright laws and international treaties, alongside other intellectual property laws and treaties. Our Products encompass trade secrets and proprietary information, which are confidential and exclusive to us. You agree to undertake all necessary measures to safeguard the confidentiality of such information. All ownership rights in the Products, including any related documentation and any subsequent releases, modifications, and enhancements, are solely vested in us or our licensors, if any, encompassing all intellectual property rights therein. The App is licensed to you, not sold. Apart from what is stipulated in these Terms, you shall not acquire any rights, title, or interests in them, and shall refrain from modifying, copying, renting, leasing, loaning, selling, distributing, or creating derivative works based on them (either in whole or in part). No implied license, right, or interest is granted in any copyright, patent, trade secret, trademark, invention, or other intellectual property right subsisting in the App and/or Services. We explicitly reserve all rights in the App and all Services, which are not expressly granted to you herein.
License Grant
4.2 Subject to your adherence to these Terms, we hereby grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and utilize one (1) copy of the App, in object code format, solely on your personal computer or mobile device (the “Device”) for the sole purpose of your personal use of the App and any other applications explicitly authorized by us for use through the App as permitted by these Terms.
4.3 By submitting, posting, or displaying Content on or through the Products, you hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to utilize, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content through any and all media or distribution methods now known or later developed (for clarity, these rights encompass, for example, curating, transforming, and translating). This license empowers us to render your Content available to others who may undertake the same. You consent to this license incorporating the right for us to provide, promote, and enhance the Products and to make Content submitted to or through the Products accessible to other users, companies, organizations, or individuals for broadcasting, distribution, promotion, or publication of such Content on other media and services – for instance, our Apps and Services, subject to our terms and conditions for such Content usage. Such additional uses by us, or other entities, is executed with no compensation provided to you concerning the Content that you transmit or otherwise make available through the Products, as the utilization of the Products by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
License Restrictions
4.4 Unless applicable law expressly confers you with the right to do so, you shall not, and shall not allow anyone else to, directly or indirectly:
duplicate, modify, adapt (including inclusion in a collection), translate into any language, perform, communicate publicly via tools transmitting signs, audio, and visuals, distribute, or produce derivative works based on the App or any of the Services;
sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the App or Service, and any attempt by you to undertake such action shall be null and void;
decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, database, or algorithms of the Products by any means whatsoever.
eliminate, obscure, or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the App or any of the Services;
utilize the Products to create or disseminate any virus or to bypass any copy protection or other digital rights management mechanism.
5. User Generated Content and Behaviour
User Generated Content
5.1 You bear sole responsibility for any Content you transmit or display through the App or Services.
5.2 By transmitting or displaying Content through the App or Services, you grant us an unconditional, non-exclusive, royalty-free global license to use, reproduce, transmit, publish, display, distribute, or otherwise utilize this Content within the context of the App, Services, and promotion of the Products. This license may be revoked by deleting the Content from the App or Services, though such revocation will not affect any use of the Content by us prior to the revocation.
5.3 Personal contact or banking information may not be displayed on individual profile pages or elsewhere within the App or Service, whether pertaining to yourself or others. Disclosure of personal information to other users, whether via email or otherwise, is done at your own risk.
5.4 If sharing Content protected by intellectual property rights, you warrant that you are the creator or owner of the Content, or possess the necessary rights to transmit, display, perform, or adapt it. You agree to compensate any person for royalties, fees, or other monies owed due to your Content.
5.5 Content transmitted, displayed, performed, or adapted must not:
Infringe upon or violate any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights;
Be inaccurate or misleading;
Slander, defame, libel, or infringe upon the right to privacy, publicity, or other property rights of any other individual.
5.6 Failure to comply with the above may result in criminal and civil liability, and we reserve the right to immediately terminate your account and/or remove or restrict access to the relevant Content, either permanently or temporarily.
Other Users’ Content
5.7 While such actions are prohibited by our Community Guidelines and these Terms, you acknowledge that Content transmitted, displayed, or communicated by other users through the Products, including information regarding personal and physical appearance, may be inaccurate, misleading, or electronically edited in a manner that does not accurately represent the user's actual information or physical appearance, or may violate personal or intellectual property rights of yourself or third parties.
Prohibited Behavior
5.8 In using the Products, you are strictly prohibited from:
Engaging in any illegal or unauthorized activities with the Products;
tilizing the Products in a manner that could cause damage, disablement, overloading, or impairment to the App or any of its associated Services;
Transmitting worms, viruses, or any other malicious code through the Products;
Displaying, transmitting, or sharing any Content that is deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous, defamatory, or promotes physical violence or criminal conduct;
Attempting to hack, destabilize, or modify our website, the App (including its source code), or any Services, or falsely representing the association of another website, app, or service with our Products;
Accessing or using the Products through any means other than those provided or authorized by us.
5.9 Further details regarding prohibited behaviors are outlined in our Community Guidelines. It is expected that all users of the App adhere to these guidelines. This includes restrictions such as using only personal photos for profile pictures, accurately representing one's age, and refraining from impersonating others or creating fake profiles.
5.10 By choosing to share information within the App, including but not limited to photos, texts, screenshots, videos, and other communications, you acknowledge that you may lose control over how this information is utilized and that it may become publicly accessible. Additionally, we may not be able to delete or remove user information if copies have been distributed by other users.
5.11 Failure to comply with the Community Guidelines or these Terms may result in the suspension or deactivation of your account.
6. Your data
6.1 We shall process and retain your data in accordance with Our Privacy Policy.
6.2 You acknowledge that we may utilize carrier-distributed mobile messaging (SMS) for the purpose of verifying ownership of registered mobile phone numbers associated with users of the App or Services. Such utilization of carrier-distributed mobile messaging shall strictly adhere to Our Privacy Policy and shall serve solely for verification purposes.
6.3 Reasonable endeavors shall be made by Us to store or otherwise maintain your Content in relation to the Products.
6.4 You have the option to furnish comments, suggestions, or feedback concerning the Products (referred to as the “Feedback”) to Us through the designated Feedback submission channels or the "review" pages within the Application Stores. You hereby grant Us an exclusive license to all rights pertaining to the Feedback and authorize Us to utilize the Feedback for any commercial or other purposes, without any obligation to provide compensation or attribution to you or any other individual. It is understood that We are not obligated to treat any Feedback as confidential. Furthermore, you acknowledge your responsibility for any material submitted by you, including its legality, reliability, appropriateness, originality, and copyright status. Additionally, you agree that no right in or to the Products (or any alterations, modifications, or corrections thereof) is acquired by you by virtue of any Feedback provided.
7. Premium Services, Paid Content
Premium Services and other paid Content and items
7.1 On occasion, we may introduce additional features and/or Services at your request and for which you will be required to make a payment ("Premium Services"). We may also, at our sole discretion, offer certain Premium Services and other paid Content and items as part of the Products free of charge, either for a trial period or otherwise. Unless explicitly stated otherwise, any reference made in these Terms to the "Services" shall encompass the Premium Services and all types of paid Content and items offered under the Services.
7.2 Any payment for the Premium Services and any paid Content and items offered under the App or Services that you purchase shall initially be deducted from the paid Tokens you have acquired via the App. Only after exhausting all paid Tokens may you use any free Tokens (if available) to make payments for such Premium Services and paid Content and items.
7.3 The Premium Service and paid Content and items under the App or Services may be offered on a subscription basis, per usage basis, or as otherwise described at the time of your purchase, at our sole discretion. Payments may be made in advance, in arrears, per usage, or as otherwise described at the time of your purchase.
7.4 By purchasing any Premium Service and/or any paid Content and items offered under the Services or App, you hereby agree to settle all charges to your account, including applicable taxes and transaction costs, in accordance with our standard billing terms prevailing at the time the charges become payable, regardless of whether such costs are imposed by the Application Stores. The full and final price of any Premium Service and/or any paid Content shall be displayed prior to your purchase.
7.5 You agree to comply with the terms of service or other legal agreements of relevant third parties governing your use of any payment processing service and/or method in connection with the App or Services.
7.6 Upon subscribing to Premium Services and/or any paid Content and items under the Services, you acknowledge and consent to recurring payments made through the payment method and at the payment intervals you have selected, until such subscription is terminated.
7.7 Should you purchase Premium Services and/or any paid Content and items through an Application Store, any questions, issues, disagreements, and/or disputes concerning payment for such transaction shall be resolved in accordance with the terms of service or other legal agreement governing your use of the relevant payment processing service and/or method. We shall bear no responsibility for any such matters. You shall indemnify and hold us harmless from any claims by Application Stores arising under this provision.
7.8 We reserve the right to implement personalized pricing, which may vary depending on your location or the payment channel utilized.
Refunds
7.9 Upon purchasing any Premium Service and/or any paid Content or item, you are acquiring digital content supplied by us. By making the purchase, you consent to the immediate provision of the Service or delivery of the Content or item. Consequently, you forfeit your right to request a refund for said Service, Content, or item based on your statutory withdrawal right as a consumer. Articles 7.10 and 7.11 apply only if a purchase is made without consent for immediate provision of the Service or delivery of the Content or item.
7.10 Subject to the refund rules of the Application Store, you may request a full refund for any Premium Service and/or any paid Content and item purchased, with exceptions for users who are banned by us and/or its community, and for partially used purchases.
7.11 Refunds for any Premium Service and/or any paid Content and item purchased outside of the Application Store may be requested within 14 days of purchase, subject to exceptions where not permitted by payment channels and/or platforms, and where full refunds are not available for partially used purchases. Upon successful refund request, the original payment method will be refunded.
8. Third Parties
Third Party Involvement
8.1 The Application may integrate third-party software and technology, and may itself be integrated into software and technology owned and operated by third parties. Any third-party software or technology integrated into the Application is subject to the terms and conditions outlined in these Terms of Service.
8.2 The Application may provide users with the ability to incorporate music into their connections and video calls. This music is sourced from third-party providers and is permitted for use solely within the context of the Application, subject to adherence to their respective terms and conditions. Any misuse of these third-party products and services is strictly prohibited.
Third-Party Charges
8.3 For specific Devices, we may request permission to utilize your device's native SMS application for the purpose of sending messages or invitations to individuals who are not registered users of the Products, but with whom you choose to communicate. Certain services associated with these actions may impose additional charges, which shall be solely borne by you and incurred at your own risk.
Third-Party Websites, Products, and Services
8.4 The Services may contain links or references to other websites or services provided solely for the convenience of our users ("Reference Sites"). We do not endorse or guarantee the content of any Reference Sites. Accessing and utilizing Reference Sites, including any information, materials, products, and services available through such sites, is done so entirely at your own risk.
8.5 Any correspondence or business dealings you engage in with advertisers found on or through the Services are conducted solely between you and such advertisers. We are not a party to, nor liable for, any agreements made between you and advertisers.
9. Termination
Termination by You
9.1 In the event that you wish to discontinue your utilization of the App and/or Services, you retain the right to terminate your account at any given time by initiating the deletion process.
Termination by Us
9.2 In addition to other available remedies, we reserve the prerogative to limit, suspend, discontinue, or terminate these Terms, your account, and/or your access to any portion of the App and/or Services, without prior notice, should we reasonably believe that you are or may be:
In violation of any provisions outlined in these Terms;
Impelling or posing potential legal liabilities upon us;
Negligent in meeting payment obligations for Premium Services and/or any paid Content and items;
Infringing upon the intellectual property or personal rights of a third party, or engaging in activities forbidden under Article 4.3;
Participating in prohibited actions delineated in Article 5.1, including, but not limited to, activities such as child abuse, prostitution, pornography, discrimination based on various factors, or engaging in illegal substance consumption.
Consequences of Termination
9.3 In the event of termination, whether initiated by you or us, for any reason, your license to access the Service will be promptly revoked, any active subscriptions to Premium Services will be terminated, and all paid Content associated with your account will be permanently deleted. Subsequent to account termination, you shall forfeit any entitlement to refunds for paid Content or Premium Services subscribed to prior to termination.
9.4 Should you be subscribed to any Premium Services and/or paid Content, you acknowledge and agree to assume full responsibility for terminating any ongoing payment obligations with any Application Store and/or payment processing service pertaining to said Premium Services and/or paid Content.
10. Liability
10.1. The User acknowledges and agrees that the Company shall not be held liable for any damages arising from the User's utilization of the Application or the Services, including, but not limited to, any inability to use the Application or the Services, or any malfunctions in the Application or Services. The User's access to and use of the Services and Application, as well as any content therein, shall be at the User's sole risk. The User understands and accepts that the Services are provided on an "As Is" and "As Available" basis.
10.2. In the event that the Company is found liable for any occurrence, such liability shall be restricted to direct damages only. Consequently, the Company shall not be held responsible for, among other things, any consequential, indirect, or reputational damages, nor for any loss, deletion, destruction, or impairment of the User's personal rights, data, personal information, or device.
10.3. It is recognized that certain jurisdictions may not enforce some of the exclusions or limitations outlined in these Terms. Consequently, certain exclusions or limitations may not apply to certain Users. In such cases, the Company's liability shall be limited to the maximum extent permissible under applicable law. Under no circumstances shall the Company's liability for damages exceed the sum of $100 per incident. These limitations of liability shall also extend to any damages incurred by the User as a result of products or services sold or provided by third parties other than the Company, whether received through or advertised on the Application or any of the Services.
10.4. The aforementioned limitations of liability shall not apply to the extent that damages have arisen from the Company's willful misconduct or gross negligence.
11. Indemnification
11.1 You hereby undertake the obligation to indemnify, defend, and hold harmless us, as well as our licensors, partners, and our respective affiliates, officers, directors, employees, contractors, and suppliers (individually and collectively referred to as "Indemnified Parties"), from and against any and all claims, actions, liabilities, damages, and costs, including reasonable attorneys’ fees incurred by such parties, arising from or in connection with:
- a) Your breach or violation of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
- b) Your infringement of any rights of any third party;
- c) Your utilization or misuse of the Products; or
- d) Your Content or other communication displayed or transmitted through the Products.
11.2 The aforementioned indemnification obligation remains in effect even if a court, an administrative agency, or any other dispute resolution or investigating body determines that we should be held liable and/or imposes sanctions on us.
11.3 If you downloaded the App from the Application Stores, you acknowledge that, in the event of a claim by any third party asserting that the Products or your possession and use of the Products infringe any intellectual property rights, only we are responsible for investigating, defending, settling, and discharging such claim. We shall have exclusive control over the defense and management of any matter for which you provide indemnification, at your expense. You agree to cooperate with our defense of such claims and shall not settle any matter without our prior written consent.
12. Warranties
12.1 The Products are provided on an "as is" and "as available" basis, without any warranties. We hereby disclaim, to the fullest extent permitted by law, all warranties, terms, or conditions, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
12.2 We do not warrant that the Content displayed or transmitted on or through the Products will be uninterrupted, error-free, or free of viruses or other harmful components. We also do not warrant that any issues with the foregoing will be corrected. We make no warranties or representations regarding the use of, or the results from the use of, the App or Services.
12.3 Accordingly, you acknowledge and agree that we (and any Application Stores from which you downloaded the App) will not be liable for any damages or losses arising from your use of the App and/or any of the Services. Your sole right or remedy for any problems or dissatisfaction with the App and/or any of the Services is to immediately uninstall the App and cease using it and all related Services. You further acknowledge that we (and Apple or Google, as providers of Application Stores, where relevant) have no obligation to provide any maintenance or support services with respect to the App and/or Services.
13. General
Device Errors
13.1 We make no warranties regarding the validity or compatibility of the App and/or Services with your device. We shall not be held liable for any damages or losses incurred due to faults, bugs, or issues on your Device, App, information systems, online access point, and network. This includes errors in design, interface, linking, virus infections, disconnection from the network, power outages, and voltage volatility, regardless of whether such damages and losses were foreseeable or advised to us.
Claims
13.2 If you have downloaded the App from the Application Stores, you acknowledge that the providers of those Application Stores shall bear no responsibility for addressing any claims related to the Products or your possession and/or use of the App or Services. These claims include, but are not limited to: (i) product liability claims; (ii) claims regarding the Products' failure to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation, without prejudice to the provisions set forth in Article 10.
Price
13.3 You acknowledge and agree that we have offered the App and/or Services and set its prices based on the warranty disclaimers and limitations of liability stated herein. These disclaimers and limitations of liability represent a reasonable and fair allocation of risk between you and us and form an essential basis of the agreement between you and us. Without these limitations, we would not be able to provide the Products to you on an economically reasonable basis.
Notices
13.4 We may provide you with notices via email, notifications through the App, or posts on our website. Notices provided via email shall be deemed effective twenty-four (24) hours after being sent. You are responsible for providing us with accurate contact details at all times. Notices provided through the App shall be deemed effective upon your reading or viewing. Notices posted on our website shall be deemed effective ten (10) days after the initial posting. We reserve the right to determine the form and means of providing notifications to our users.
Amendments
13.5 We reserve the right to amend the Terms at any time. The revised Terms shall be published on our website, and notice of such amendments shall be provided via email or notification through the App. The revised Terms shall become effective following the applicable notice period, unless you expressly accept the revised Terms earlier by clicking the accept button (where relevant). Your express acceptance or continued use of the Products after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms.
Assignment
13.6 You are prohibited from assigning these Terms or any rights or obligations hereunder. We, at our sole discretion, may assign these Terms and any rights hereunder to any third party without prior notice, and you hereby consent to such assignment. In the event of assignment to a third party, you may terminate your use of the Services and App by deleting your account.
Entire Agreement and Severability
13.7 These Terms, along with our other policies mentioned herein, constitute the entire agreement concerning the matters covered. These Terms may only be amended in writing executed by both parties, except as provided under the Amendments section above. If any provision of these Terms is held to be unenforceable, such provision shall be modified to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
13.8 The provisions referred to in these Terms apply to the extent permitted under applicable law. If certain provisions are not permitted, those provisions shall not apply to you, while the other provisions shall continue to apply.
Waiver
13.9 Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by us.
Headings
13.10 The headings used in these Terms are for convenience purposes only and do not constitute a part of the Terms and shall not limit or affect any of the provisions hereof.
Injunctive Relief
13.11 You acknowledge that the obligations you agree to undertake with these Terms are of a unique and irreplaceable nature. Failure to comply with them shall irreparably harm us, and such failure cannot be compensated by monetary damages alone. Therefore, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Applicable Law
13.12 These terms are governed and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are beneficial for you, such provisions shall apply irrespective of the choice of Irish law.
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