Introduction
These Terms of Use (“Terms”) apply to your access and use of our website https://ferve.app/ (and related pages) and our application Ferve (the “App”, and collectively with the website – the “Services”) provided by Flaresense Technologies, Ltd. (“Company” or “we”). The Terms are not entered into with Apple, Inc., any of its subsidiaries, or any other entity as may apply.
If you have any questions about the Terms or our Services, please contact us at support@ferve.app.
Please read the Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT ACCESS OR USE OUR SERVICES.
1. Registration and Eligibility
Minimum Age. You must be at least 18 years old to use and access the App. Our Services are not directed at, or intended for, children under 18 years old. If you are aware of anyone under 18 using the Services, please contact us at support@ferve.app and we will take the required steps to delete such information and/or delete the account.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
2. Important Disclaimer
When you use our Services, you acknowledge and agree with the below disclaimer.
Information disclaimer
The information provided via our Services is for educational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action.
Information on the Services does not replace consultation with a qualified health or medical professional who sees you in person, for your health and your medical needs.
You acknowledge your use of our Services and the content thereon is at your own risk.
3. Your Use of our Services
Privacy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy constitutes an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.
What you can and cannot do. While using our Services you agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services.
Specifically, you shall not:
4. Subscriptions
Auto-renewal. The subscription renews automatically at the end of each period (each week, month, 3 months, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
Payment method. Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple or on our web page). You authorize us to charge the applicable subscription fees to the payment method that you use.
Cancellation. Your subscription renews automatically at the end of each period until you cancel. Note that deleting the app does not cancel your subscriptions.
Changes. To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
If you have any questions in relation to the subscription terms, please contact us at support@ferve.app.
5. License
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with the Terms.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason.
We own all the rights, title, and interest in and to the Services (“Company’s Content”). If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain a written permission from us. You shall send permission requests to support@ferve.app.
Except as expressly and unambiguously provided in the Terms, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.
6. Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms.
7. Use at Your Own Risk
Our goal is to help make the information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
8. Warranty Disclaimer
The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
The Services are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Neither the Company, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content providers warrants, and each of them hereby expressly disclaims, that:
9. Limitation of Liability
In no event shall the Company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our Services.
In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use the App exceed the amounts you have paid to the Company for use of the App or one hundred dollars ($100) if you have not had any payment obligations to the Company, as applicable.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. The Company, or any third parties mentioned on our Services, are not liable for any personal injury, including death, caused by your use or misuse of the app.
Notwithstanding the foregoing, nothing in these Terms will (a) limit or exclude our liability for death or personal injury resulting from negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; (c) limit any of our liabilities in any way that is not permitted under applicable law; or (d) exclude any of our liabilities that may not be excluded under applicable law.
10. Export and Economic Sanctions Control
The software that supports the Services may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
11. Third-Party Services and Links
The Services may give you access to links to third-party websites, apps, or other products or services ("Third-Party Services"). We do not control Third-Party Services in any manner and, accordingly, do not assume any liability associated with such Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, and to protect your personal information and privacy in using any such Third-Party Services.
12. Your Feedback
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
13. Changes to the Services
We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g. technical corrections or description of a new feature) without notice.
14. Changes to the Terms
We may make changes to the Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Effective Date" section above. We may also attempt to notify you by providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
15. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
16. Severability
If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
17. Copyright Claims
If you believe any materials accessible through our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company at support@ferve.app and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and e-mail address.
d. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorised representative.
18. Dispute Resolution by Binding Arbitration
18.1. Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
18.2. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMSunder its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
18.3. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
18.4. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@ferve.app. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
19. Miscellaneous
Entire Agreement. The Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services.
No Waiver. The failure of the Company to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision.
Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Third-Party Rights. Except as otherwise provided herein, the Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Governing Law. Any dispute arising from the Terms shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms shall be in the United Kingdom and the parties unconditionally waive their respective rights to a jury trial.
Cause of Action. Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.
20. Contact Details
If you have any questions or comments on any part of the Services or any part of the Terms, require support, or have any claims, please contact us at support@ferve.app.
These Terms of Use (“Terms”) apply to your access and use of our website https://ferve.app/ (and related pages) and our application Ferve (the “App”, and collectively with the website – the “Services”) provided by Flaresense Technologies, Ltd. (“Company” or “we”). The Terms are not entered into with Apple, Inc., any of its subsidiaries, or any other entity as may apply.
If you have any questions about the Terms or our Services, please contact us at support@ferve.app.
Please read the Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT ACCESS OR USE OUR SERVICES.
1. Registration and Eligibility
Minimum Age. You must be at least 18 years old to use and access the App. Our Services are not directed at, or intended for, children under 18 years old. If you are aware of anyone under 18 using the Services, please contact us at support@ferve.app and we will take the required steps to delete such information and/or delete the account.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
2. Important Disclaimer
When you use our Services, you acknowledge and agree with the below disclaimer.
Information disclaimer
The information provided via our Services is for educational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action.
Information on the Services does not replace consultation with a qualified health or medical professional who sees you in person, for your health and your medical needs.
You acknowledge your use of our Services and the content thereon is at your own risk.
3. Your Use of our Services
Privacy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy constitutes an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.
What you can and cannot do. While using our Services you agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services.
Specifically, you shall not:
- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App
- engage in any harassing, threatening, intimidating, predatory or stalking conduct
- use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner
- modify, reverse engineer, decompile or disassemble any part of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services
- copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of the Company
- circumvent or disable any technological features or measures in the App for protection of intellectual property rights
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access
- develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services
- use or access the Services to compile data in a manner that is used or usable by a competitive product or service
- use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms, or
- use data, content, or features from the App and the website to diagnose, treat, or mitigate any health conditions.
4. Subscriptions
Auto-renewal. The subscription renews automatically at the end of each period (each week, month, 3 months, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
Payment method. Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple or on our web page). You authorize us to charge the applicable subscription fees to the payment method that you use.
Cancellation. Your subscription renews automatically at the end of each period until you cancel. Note that deleting the app does not cancel your subscriptions.
- If you purchased a subscription on the App Store: You may cancel a subscription anytime by turning off auto-renewal through your Apple ID account settings. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
- If you purchased a subscription on our website: To avoid being charged, cancel your subscription before the end of the then-current period. You may cancel your subscription purchased on our website in the “Manage Subscription” section of the App settings or by contacting us at support@ferve.app.
Changes. To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
If you have any questions in relation to the subscription terms, please contact us at support@ferve.app.
5. License
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with the Terms.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason.
We own all the rights, title, and interest in and to the Services (“Company’s Content”). If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain a written permission from us. You shall send permission requests to support@ferve.app.
Except as expressly and unambiguously provided in the Terms, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.
6. Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms.
7. Use at Your Own Risk
Our goal is to help make the information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
8. Warranty Disclaimer
The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
The Services are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Neither the Company, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content providers warrants, and each of them hereby expressly disclaims, that:
- the Services will be secure or available at any particular time or location
- any defects or errors will be corrected
- any content or software available through the Services is free of viruses or other harmful components
- the results of using the Services will meet your requirements
- the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the Services.
9. Limitation of Liability
In no event shall the Company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our Services.
In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use the App exceed the amounts you have paid to the Company for use of the App or one hundred dollars ($100) if you have not had any payment obligations to the Company, as applicable.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. The Company, or any third parties mentioned on our Services, are not liable for any personal injury, including death, caused by your use or misuse of the app.
Notwithstanding the foregoing, nothing in these Terms will (a) limit or exclude our liability for death or personal injury resulting from negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; (c) limit any of our liabilities in any way that is not permitted under applicable law; or (d) exclude any of our liabilities that may not be excluded under applicable law.
10. Export and Economic Sanctions Control
The software that supports the Services may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
11. Third-Party Services and Links
The Services may give you access to links to third-party websites, apps, or other products or services ("Third-Party Services"). We do not control Third-Party Services in any manner and, accordingly, do not assume any liability associated with such Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, and to protect your personal information and privacy in using any such Third-Party Services.
12. Your Feedback
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
13. Changes to the Services
We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g. technical corrections or description of a new feature) without notice.
14. Changes to the Terms
We may make changes to the Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Effective Date" section above. We may also attempt to notify you by providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
15. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
16. Severability
If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
17. Copyright Claims
If you believe any materials accessible through our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company at support@ferve.app and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and e-mail address.
d. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorised representative.
18. Dispute Resolution by Binding Arbitration
18.1. Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
18.2. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMSunder its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
18.3. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
18.4. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@ferve.app. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
19. Miscellaneous
Entire Agreement. The Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services.
No Waiver. The failure of the Company to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision.
Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Third-Party Rights. Except as otherwise provided herein, the Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Governing Law. Any dispute arising from the Terms shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms shall be in the United Kingdom and the parties unconditionally waive their respective rights to a jury trial.
Cause of Action. Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.
20. Contact Details
If you have any questions or comments on any part of the Services or any part of the Terms, require support, or have any claims, please contact us at support@ferve.app.
