Terms and conditions for iLuminary APP

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and iLuminary, operated by ILuminary S.R.L. and its eventual subsidiaries, affiliates, licensees and/or licensors of ILuminary S.R.L. ("Company", “we”, “us”, or “our”), concerning your access to and use of the proprietary wealth app, available on AppStore, Google Play Store, an also available on our platform at https://iLuminary.ai/. By accessing, downloading, using or clicking on “I agree” to accept any of services provided by the Company, You agree that you have read, understood, and agree to be bound by all of these Terms and Conditions as well as our Privacy Policy. In addition to the terms outlined herein, the utilization of certain features on the App may be subject to supplemental terms and conditions governing the use of said features. Use of such features constitutes an agreement to comply with any additional terms. If any user does not agree to fully adhere to all terms of use set forth in this Agreement, said user is expressly forbidden access to and use of the App in any and all capacities, and must immediately cease any and all use of the App.

Additional terms and conditions or documents which may occasionally be publicly posted within the Application are formally integrated into this Agreement by reference herein. We maintain sole discretion in the ability to introduce changes or modifications to these Terms of Use at any juncture. Any revisions made to the Terms shall be indicated by an update to the “Last updated” date provided herein. Recipients forfeit any rights to receive direct, case-by-case notice pertaining to individual changes. It is the responsibility of users to verify they have reviewed the most current iteration of the Terms each and every time they access the Application to guarantee awareness and understanding of the currently applicable provisions. Through continued usage of the Application following the publication date of any revised Terms, users shall be considered under legal assumption first, to have been notified, and second, to have accepted said revisions to the Terms of Use.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our website. Nothing in this disclaimer will:

limit or exclude the Service Provider’s liability for misinterpretation of the information presented on the website;
limit any of the Service Provider’s liabilities in any way that is not permitted under applicable law;

Our Crypto Services carry a high level of knowledge and risk, and can result in losses. The high level of risk means our Crypto Services is not suitable for everyone. If you are in any doubt, you should seek independent advice.

By downloading the App and creating a user account, you confirm:

that you have read the Disclaimer and all the documents supplied to you in connection with our Services and that you fully agree to them;
that you understand and agree that our relationship may be amended from time to time, in which case you automatically agree to such modifications;

The information furnished within this App is not intended for access or utilization by individuals or entities located in jurisdictions where said distribution or exploitation would constitute a violation of existing regulations or legislation, or would impose registration requirements on our entity. Any persons obtaining access to the Application from regions or countries beyond the intended demographics do so independently and retain sole accountability for abiding by local laws, should they apply.

This Application is developed for and considered suitable for users age 13 and up. All users classified as minors per the laws of their respective jurisdiction (commonly individuals under 18 years of age) must obtain explicit permission from and be directly monitored by a parent or legal guardian during any access or use of the Application. Prior to a minor using the Application, their parent or legal guardian must read and consent to these Terms of Use.

2. PROVIDED SERVICES

The App is providing a wallet service and an intermediary service, connecting the users with crypto currencies.

However, iLuminary is not acting as a platform on which a user may purchase, sell and/or swap crypto currencies on, but is acting as a wealth development and educational platform for users to have access to crypto.

Services provided by iLuminary shall not be considered as an investment, financial and/or trading advice, and you shall not regard any of its content as such.

Multi-Chain Compatibility

The Application offers an integrated cross-chain wallet solution, enabling seamless oversight and transfers between different blockchain networks and their native cryptocurrencies. Users can monitor held assets that leverage divergent decentralized technologies through a consolidated dashboard as well as efficiently execute transactions converting between chains with minimal friction.

Comprehensive multi-chain support provides flexibility for both managing an array of crypto holdings and exploring investment opportunities across blockchain ecosystems under a unified and intuitive system.

Real-Time Market Analytics

In order to empower informed investment decisions amidst a dynamic landscape, the Application continuously integrates up-to-date market data into easily digestible performance visualizations and analytical breakdowns. Users gain access to real-time metrics across major cryptocurrencies and global exchanges, including current pricing indexes, trade volume, current spread, market capitalization valuations, circulating supply, social sentiment, and technical indicators. These holistic market insights enable observation of historical trends and patterns to better anticipate potential directions and optimal timing for execution based on probability analyses rather than sole speculation, supported by both current real-time snapshots alongside predictive data modelling.

Enhanced Cybersecurity Protocols

Enterprise-grade security provisions enacted within the Application promote heavily fortified protection for all user activity conducted within the ecosystem. The latest encryption standards secure stored assets and transactional data from potential compromise alongside authentication mechanisms such as biometric and two-factor authorization for accessing the Application itself. Ongoing infrastructure audits and penetration testing combined with a zero-trust framework around data access and permissions ensures security remains the cornerstone priority across the platform, fostering trust in the reliability of our cybersecurity protocols.

Intuitive and Responsive Interface

An intuitive user interface with responsive, aesthetic workflows allows both novice and experienced crypto participants to seamlessly navigate and monitor held assets. Calculated designs centred around displayed data relevance supplements logical navigational architecture and layout. Streamlined dashboards enable rapid high-level oversight along transactional performance analytics while granular views provide in-depth inspection of holdings across supported chains, exchanges, and wallets. Device flexibility through desktop and mobile-centric UI converges with dynamic visual charting synchronizes displayed metrics and trends with underlying activity.

Personalized Intelligence Assistant

Leveraging robust datasets and predictive models, our artificially-intelligent assistant provides customized market analyses catered to individual user goals including portfolio performance projections to better anticipate optimal timing for transactions or rebalancing. By understanding short and long term intentions in conjunction with risk tolerance, this tool delivers tailored insights around probability-weighted opportunities well-suited for user needs across desired time horizons for fostering informed positions amidst volatility. Personalization helps guide strategy as the artificial intelligence refine projections based on observed market behaviors and user tendencies over time through continual machine learning for increased reliability to supplement user decisions.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States and other jurisdictions, international copyright laws, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content and the Marks.

4. USER REPRESENTATIONS

By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).

5. USER REGISTRATION

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. FEES AND PAYMENT

You may be required to purchase or pay certain gas fees to access some of our services. The base gas fee will be + 0.42%. Gas on the destination network, which is generally covered by the bridge provider. Fees to liquidity providers and validators, who relay transactions across networks. We may change gas fees at any time. All payments will be done in the crypto currency of the paying blockchain network.

7. FREE TRIAL

We offer a free trial to new users who register with the App. The account will be charged according to the user‘s chosen subscription at the end of the free trial.

8. CANCELLATION

You can cancel your subscription at any time by contacting us using the contract information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at [email protected]

9. PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the App, you agree not to:

Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
Use any information obtained from the App in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the App in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party‘s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
Copy or adapt the App‘s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the App.
Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the App to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

10. TRANSFER OF SERVICES

You, as user, are not entitled to transfer all or part of the right to use the Services to another entity. We may fully or partially transfer its rights and obligations under the Agreement to subsidiaries or other companies within the same group, hereunder use these as sub-contractors, provided that this is done in such a manner that it is ensuring compliance with the obligations under all relevant data protection laws from the User’s perspective.

11. USER GENERATED CONTRIBUTIONS

The App does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the App Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the App.

12. CONTRIBUTION LICENSE

You and the App agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the App, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

13. MOBILE APP LICENSE

Use License

Your accessing the App via a mobile application, grants you a revocable, non- exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Use of Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor‘s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a embargo, and (ii) you are not listed on any list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. THIRD-PARTY WEBSITES AND CONTENT

The App may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or relating to any applications you use or install from the App.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the App, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the App and any services provided on the App or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

17. TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. GOVERNING LAW

These Terms and Conditions and your use of the App are governed by and construed in accordance with the laws of Romania applicable to agreements made and to be entirely performed within Romania, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.

21. LIMITATIONS OF LIABILITY

In no event will our directors, employees, or we or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. We are not liable for any losses made as a consequence of using any trading techniques obtained from our App.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys‘ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at: [email protected]