Terms and Conditions of
www.cloudsocial.io

This Website collects some Personal Data from its Users.

These Terms govern the use of this Website, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Website is provided by :

CloudSocial Technologies Pte Ltd.
68 Circular Road,
#02-01, 049422 Singapore

Owner contact email : support@cloudsocial.io

"This Website" refers to

Methods of processing

Acceptance of Terms Your use of services offered by CloudSocial.io (powered by CLOUDSOCIAL TECHNOLOGIES PTE LTD) is subject to the terms of a legal agreement between you and CloudSocial.io. This page explains how the agreement is made up and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The name CloudSocial has been used interchangeable with CloudSocial or CloudSocial.io or cloudsocial or CLOUDSOCIAL TECHNOLOGIES PTE LTD. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms of Use. You may not access the services if you are our direct competitor, except with our prior written consent. In addition, you may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Definitions “Third party platforms” means a third-party social media website like Facebook, Twitter, Instagram, LinkedIn, YouTube. for which you have authenticated CloudSocial to collect information. “We, Us or Our” means CloudSocial.io or CLOUDSOCIAL TECHNOLOGIES PTE LTD. “You or Your” means the company or an individual on behalf of your company who is signing up for CloudSocial.io services Account Registration When you register, you ensure that any registration information you give to CloudSocial will always be accurate, correct and up to date. You ensure that you maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use of the Service. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@cloudsocial.io. Services offered by CloudSocial CloudSocial is constantly evolving in order to provide the best possible experience, services and information for its users. You acknowledge and agree that the form and nature of the services which we provide may add or modify from time to time without prior notice to you. By using CloudSocial ‘s services you agree to the following disclaimer: The contents of this website are for informational purposes only. CloudSocial disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. CloudSocial reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Free Trial We may offer you free trials for selected Packages and/or features of the Service, including a 7 (seven) days trial period. Once your free trial period ends, your ability to access certain features of the service will terminate. CloudSocial reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice in our sole discretion. Fees; No Refunds We may charge fees for certain packages and/or add-ons and/or features, either on a one-time or a subscription basis (“Paid Services”). CloudSocial reserves the right to implement fees or change the fees for certain services at any time by providing you notice of a pricing change 7 days before the end of prior term. If you purchase any Paid Services through credit card, you authorize CloudSocial through FastSpring the seller on record to process and charge the credit card identified by you (which you represent and warrant that you are authorized to use) including all applicable taxes. If FastSpring does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and CloudSocial may suspend your access to the Services. All sales are final and CloudSocial will not issue refunds, including for prepaid yearly fees. Content on the Site We do not own the content that we fetch from our search engines. The content may be indecent, offensive, inaccurate, unlawful, or otherwise objectionable. We shall have no obligation to preview, verify, flag, modify, filter, or remove any Indexed Content, even if requested to do so, although We may do so at our sole discretion. Indexed content is provided “AS IS”, exclusive of any warranty whatsoever. Your use of Indexed Content is at your sole risk, and we shall not be liable to you or any third party based on Indexed Content. Social Platforms Authentication You shall enable CloudSocial to access your third-party social platform accounts. You acknowledge and agree that we may access, collect, process, and/or store information or content, regardless of whether such content is your data or Content, from such Third-Party Social Platform accounts and/or website. Except for our obligations with respect to your data, CloudSocial shall not be responsible or liable for: (i) any content provided by You or Your Users to any Third Party Social Platform or other website, and any content accessed by You, Your Users or any third party from any Third-Party Social Media Platform or websites; (ii) any interactions or communications between You and/or Your Users and any third parties through any Third-Party Social Platform or websites; or (iii) any transactions relating to a separate agreement or arrangement between You or Your Users and any Third-Party Social Platform provider or websites. Confidential Information “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include CloudSocial Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party. Protection of Confidential Information : The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (iii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s consent. Responsibilities Our Responsibilities: We shall: (i) provide Our basic support for the Purchased CloudSocial services to You at no additional charge, and (ii) use commercially reasonable efforts to make the CloudSocial Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via email and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Saturday to 3:00 a.m. Monday IST), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes, downtime or delays by an Internet Service Provider or Third-party Social Platform, or denial of service attacks. Your Responsibilities: You shall: (i) be responsible for Users’ compliance with this Agreement; (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the CloudSocial Services, and notify us promptly of any such unauthorized access or use. You shall not: (a) make the CloudSocial Services available to anyone other than authorized Users; (b) sell, resell, rent, or lease the CloudSocial Services; (c) interfere with or disrupt the integrity or performance of the CloudSocial Services or third-party data contained therein; or (d) attempt to gain unauthorized access to the CloudSocial Services or their related systems or networks. Proprietary Rights You acknowledge and agree that CloudSocial.io (or CLOUDSOCIAL TECHNOLOGIES PTE LTD) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Nothing in the Terms gives you a right to use any of our trade names, trade-marks, service marks, logos, domain names, and other distinctive brand features. Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent Terms of Service. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Please refer to the Terms of Service of third party products YouTube Terms of Use When you agree to terms and conditions you are agreeing to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms and Google privacy policy at http://www.google.com/policies/privacy CloudSocial accesses your account with YouTube/Google through the API Client and reads your account data, user information, including API Data relating to your account and stores it in CloudSocial for displaying the information in your CloudSocial account. If you wish to discontinue, you can revoke CloudSocial access from your data via the Google security settings at https://security.google.com/settings/security/permissions For any questions or complaints about the CloudSocial’s privacy practices you can contact us at support@cloudsocial.io. Facebook Terms of Service – https://www.facebook.com/terms.php By using CloudSocial you are agreeing to be bound by the Facebook Terms of Service. Instagram Terms of Service – https://help.instagram.com/581066165581870 By using CloudSocial you are agreeing to be bound by the Instagram Terms of Service. Twitter Terms of Service – https://twitter.com/en/tos By using CloudSocial you are agreeing to be bound by the Twitter Terms of Service. LinkedIn Terms of Service – https://legal.linkedin.com/service-specific-terms By using CloudSocial you are agreeing to be bound by the LinkedIn Terms of Service. Privacy Terms We respect the personal nature of the information you provide us on our web site and recognize the importance of protecting this information. In adopting this privacy policy (“Privacy Policy”), our intent is to balance our legitimate business interests in collecting and using your personal information with your reasonable expectations of privacy. This Privacy Policy may be revised or updated at any time and we encourage you to check back often to ensure that you are familiar with the most recent version and the terms of our Privacy Policy. What information do we collect? We collect information from you when you register on our site or fill out a form. When registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: To personalize your experience Your information helps us to better respond to your individual needs To improve our website We continually strive to improve our website offerings based on the information and feedback we receive from you To improve customer service Your information helps us to more effectively respond to your customer service requests and support needs To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To send periodic emails The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions. How do we protect your information? We use a third-party platform FastSpring to process your payments. Please refer to the Privacy Policies of FastSpring https://fastspring.com/privacy/ Do we use cookies? Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Please refer to the Privacy Policies of third-party products:
https://www.youtube.com/about/policies/#community-guidelines
https://www.facebook.com/policy.php
https://twitter.com/en/privacy
https://help.instagram.com/155833707900388
https://www.linkedin.com/legal/privacy-policy
Use By Minors Prohibited CloudSocial is committed to protecting the privacy of children. Neither our Website nor our Software are designed or intended for use by individuals under the age of 18 without parental supervision. CloudSocial is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website to acquire services that would otherwise be prohibited due to the minor’s age. CloudSocial encourages parents to monitor their children’s Internet usage as a result. Online Privacy Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. Your Consent By using our site, you consent to our privacy policy. Questions About This Privacy Policy Should you have a question about privacy policy of our Website and/or Software, please email to support@cloudsocial.io.

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of this Website.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion

The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:

User has violated these Terms and/or
User's access or use of this Website may cause injury to the Owner, other Users or third parties and/or
The use of this Website by the User may cause violation of law or regulations and/or
In case of an investigation by legal action or governmental involvement and/or
The account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

Violate laws, regulations and/or these Terms
Infringe any third-party rights
Considerably impair the Owner’s legitimate interests
Offend the Owner or any third party.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service and
Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein
Any errors, mistakes, or inaccuracies of content
Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service
Any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein
Any interruption or cessation of transmission to or from the Service
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service and/or
The defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights
User’s violation of any statutory law, rule, or regulation
Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information
User’s wilful misconduct; or
Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.