Terms & Conditions

These Terms and Conditions together with the Privacy Policy (“Terms and Conditions” or “Agreement”) constitutes a legally binding binding agreement between. This Terms and Conditions constitute a legally binding agreement between each individual who enrolls in any of the Programs (defined below) (“Member”) or otherwise uses or visits any part of the Platform (defined below). Please read these Terms and Conditions carefully as this Agreement affects your rights. If you are a Member or use or visit any part of the Platform, you agree you have read this Agreement, understand it, and agree to be bound by all of its terms and conditions. If you do not agree to the terms of this Agreement, immediately discontinue use of the Platform in all respects.

1. THE PLATFORM
AIFOR, Inc. DBA savesum (“Company” or “we”) makes available shopping programs (“Programs”) through https://savesum.com and related mobile and software applications (“Platform”) under these Terms and Conditions.

Company may make available software applications (“Company Applications”) to allow you to access our Programs without visiting https://savesum.com, including mobile applications and browser extensions. For purposes of this Agreement, references to the Platform includes Company Applications. Company Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. In using the Company Applications, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

2. BECOMING A MEMBER
The Programs are not available to and should not be accessed or used by residents of the European Economic Area (“EEA”). To become a Member, you must be at least 18 years old and provide an email address and password for Company to create your Program account (“Account”). Each person is limited to one Account. To redeem certain offers and promotions offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment information. Any and all information collected from you shall be subject to our Privacy Policy

You must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. The Platform do not deal with nor wish to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national or regulatory authority or OFAC. If You are one of such sanctioned individuals or entities, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals or entities, please DO NOT use the Platform. We and the Platform, DO NOT and WILL NOT deal or provide any products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with applicable and governing laws.

You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

3. PROGRAM
3.1 Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Platform for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Company reserves the right to change, upgrade or discontinue the Program or any Platform or any feature of the Program or the Platform, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Company or its licensors.

3.2 Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Platform; (ii) introduce into the Platform any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Platform (collectively, “Content”); (iv) access the Program or the Platform by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Platform for any reason; (vii) rent, sell or sublicense the Platform; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Platform; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Platform or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Platform; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Platform.

4. CASHBACK
Company receives compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). Company offers the ability for Members to earn a portion of this fee (“Cashback”). Compensation received by Company may play a part in whether retailers and products appear on the Platform, where they are placed, and how we promote them to You. Participation in this Program and the opportunity to earn Cashback are offered at the sole discretion of Company and subject to your compliance with this Agreement.

4.1 Online Cashback
In order to earn Cashback online, you must register for an Account, be signed in into the Platform use the shopping links within the Platform, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Company, your purchase might be associated with a service other than Company and you might not earn Cashback on your purchase. If you disable “cookies” on your computer, you will not be able to earn Cashback because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cashback.

4.2 Cashback Exclusions
Cashback is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, any other promotions and extended warranties. Purchases of gift cards do not qualify for Cashback. Cashback amounts vary by store and product category and may contain exclusions in the terms of the offer or the applicable store page. Please carefully review these Terms and Conditions.

5. STORE POLICIES
A product purchased from any Affiliate Store or any seller, whether online or in store, is governed by and subject to the applicable Affiliate Store or seller policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store or seller and that the Affiliate Stores and sellers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store or seller is solely between you and that Affiliate Store or seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Affiliate Store or seller, or for any Affiliate Store or seller withdrawal from the Program, or for any effect on accrual of Cashback caused by such changes, discontinuance or withdrawal. You expressly waive all claims in this respect.

6. REWARDS
Company may periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. If you elect to participate in our Refer-A-Friend Program, your participation is subject to our “Referral Program Terms” that We shall create and manage. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All bonuses and rewards are subject to review. Company reserves the right to withhold, deny or cancel any bonuses or rewards or terminate your Account if Company, in its sole discretion, deems any allocations or claims to bonuses or rewards as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with our Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final.

7. GIFT CARDS
Periodically, Company may offer gift cards in connection with a promotion or as a redemption option for your Cashback. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. Company is not responsible for lost or stolen payments, including gift cards. Gift cards may not be sole or transferred or shared in any manner.

8. REDEMPTION OF CASHBACK AND OTHER REWARDS
8.1 Pre-requisites
As a condition of redemption of accrued Cashback or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address at which you are able to receive email; (iii) provide a password to protect your Account; and (iv) provide a bank account in your name and/or a valid PayPal email address for receiving payment. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts.

8.2 Cashback Payments
The minimum payment amount for Cashback and other Cashback Program rewards is AED 50.01. Balances below AED 50.01 remain in your Account for potential payment during the next payment period. Company pays members in UAE Dirhams via bank transfer, PayPal or other payment options as Company may make available from time to time. Members may select or change their payment options in the account settings through the Platform. Company pays its Members accrued Cashback and Cashback Program related rewards in accordance with the current payment schedule . Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cashback for travel-related purchases typically does not accrue until after travel has been completed. Company reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. Company also reserves the right to modify the payment schedule at any time. Company is not responsible for payments delivered to the wrong address through no fault of Company or for payment errors made by payment partners, like PayPal.

8.3 Cashback Adjustments
In our sole discretion, we may deduct Cashback from your Account to make adjustments for returns and cancellations with respect to Cashback Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cashback is at the sole discretion of Company. If an Affiliate Store fails to report a transaction to Company or fails to make payment to Company for any reason, Company reserves the right to cancel the Cashback associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cashback has been properly credited and paid and that your Account balance is accurate. If you believe that Cashback has not been correctly credited to your account, you must contact Company Member Services within sixty (60) days of the transaction. In addition, Company may make account adjustments for any Cashback that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

8.4 Taxes
You may be taxed on your payments through the Platform, receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities or matters related to the Program or your use of the Platform.

9. MEMBER ACCOUNT
9.1 Updating Your Account
You agree to keep your Account information current, complete and accurate by periodically updating the information through the Platform. You must be logged into the Platform and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the Platform. You undertake to maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Company is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account that comes to your attention, you will immediately (without delay) change your password and notify us in writing of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

9.2 Account Activity
An Active Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the Platform, (iii) have accrued Cashback or (iv) have logged in to your Account. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(iv) for more than twelve (12) consecutive months, Company reserves the right to debit your Account balance 8 dirhams (AED 8.00) per month (“Maintenance Fee”) (to which you have no objection and waive all claim) to recover the cost of Account maintenance in its normal course of business until you reactivate your Account by engaging in one of the activities set forth above in subsections (i)-(iv) or until your account balance is zero. If your Account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, Company reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your Account balance to become negative, and will not cause you to owe money to Company.

9.3 Fraudulent Activity
We reserve the right to investigate any purchase transactions, referral activity, or interaction with the Platform that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cashback, bar further Cashback awards or bonuses, or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, without limitation, by engaging in a pattern of returning products after the corresponding Cashback has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cashback or other rewards and bonuses, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cashback rewards. If Company has any reason to suspect fraudulent activity is associated with your Account, Company reserves the right to delay or withhold payment of Cashback. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.

10. THIRD-PARTY PLATFORMS
Social Sign On When you access or use the Platform, we may make available services from one or more third parties, accessible through hyperlinks (“Third-Party Platforms”). The Platform supports Third-Party Platforms, including Facebook and Google, to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”). It is your responsibility to read and agree to the Third Party Terms.

Once you click or access these Third Party Platforms, you will leave the Platform. We have no control over these Third Party Platforms or the content within them. We do not guarantee, represent or warrant that the content contained in the Third Party Platforms is accurate, legal, in-offensive or suitable for your use in any manner. We do not endorse the content of any Third Party Platforms, nor make any representation or warranty about these Third Party Platforms, including that they will not contain viruses or otherwise impact the device through which you access the Platform or Third Party Platforms.

We shall not be responsible for any protection or confidentiality of information or personal data that you provide on Third Party Platforms. You are advised to be cautious and read the personal data provisions applicable to Third Party Platforms. You will access and use these Third Party Platforms at your sole risk and liability. If you have a problem with a link from the Platform, you should notify us at we@savesum.com

11. COMMUNICATION AND FEEDBACK
By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your Account, that a purchase has been made, that we are sending you a payment on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons and special deals available to Company Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy.

You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the Platform, by our member services or through one of our service providers. You hereby grant to Company and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

12. COMMUNITY STANDARDS
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Platform, our employees, contractors or agents, our Affiliate Stores or Sellers, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.

13. OWNERSHIP
All right, title and interest in the Program, the Platform and the Content belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “savesum” mark, the savesum logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. You shall not by any means bid on any keywords with any search engine containing “savesum” or anything substantially similar to “savesum” or any other Company Mark. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

14. INDEMNIFICATION
You agree to indemnify Company, our Affiliate Stores, our Sellers, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username andor password). You agree to cooperate as fully as reasonably required in our defense andor settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

15. WARRANTY DISCLAIMER
THE PROGRAM, CONTENT AND THE PLATFORM ARE PROVIDED “AS- IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.

16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASHBACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

We shall have no liability in case products are sold out on Third Party Platforms, nor for image or typographical errors on the Platform or incorrect information. We are entitled to rectify any such errors and, at any time, to change or update the information. All images on the Platform shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the products on Third Party Platforms, however we endeavour that all images will be reproduced in high quality resolution and our products will be of the best quality.

It is your responsibility to ensure you are certain and understand all aspects of any products that you purchase, (including reading and understanding any further terms and conditions of each product (if any) carefully. You will be bound by these Terms and Conditions and the respective, specific Third Party Terms. Accordingly, we have no liability whatsoever for any products and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to anything listed or advertised the Platform are against the respective third party business you have transacted with, and not against us.

17. TERMINATION OR SUSPENSION
We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of various internet providers, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of the Platform.

You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Platform. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Platform, and to receive Cashback and other rewards, will terminate. Termination will not prejudice either your or our remedies at law or in equity. This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cashback and other rewards.

18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Company and govern your use of the Platform superseding any prior agreements between you and Company with respect to the Platform (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content or third party software.

18.2 Governing Law
The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the United Arab Emirates without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.

18.3 Dispute Resolution
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve any claims informally by submitting your request through our Members page, Chat section. We will try to resolve the claim informally by contacting you in writing via email. If the claim is not resolved within thirty (30) days of submission through this form, you or Company may bring a formal proceeding. If disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, are amicably settled between you and Company, you expressly agree to waive any further or repeated claims against the Company and shall have no further claims whatsoever against Company.
Any claims that cannot be amicably resolved, shall be referred exclusively to arbitration by three (3) arbitrators under the rules of the DIFC-LCIA in the English language with its seat in Dubai, United Arab Emirates and all filing costs of the claim to be borne by the claimant.
Execution of judgment upon the arbitration award being rendered, may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

18.4 Class Action Waiver
You and Company agree that each is giving up the right to a jury trial and that each may bring claims against the other only in your or its individual capacities, and not as a plaintiff or class member in any purported class action lawsuit or representative proceeding, consolidated action, or private attorney general action. This means that neither You nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. Any validly appointed arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN THE SECTIONS ABOVE, TO RESOLVE ANY CLAIMS OR DISPUTES WHATSOEVER WITH THE COMPANY

18.5 Interpretation
Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

18.6 Waiver and Severability of Terms
Unless expressly conveyed or agreed otherwise, any waiver or failure by you or Company to enforce any provision of this Agreement will not be deemed a waiver of such provision or of any other provision or any right or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

18.7 Assignment
You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

18.8 Amendments
Company may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such amendment will take immediate effect and be accessible at this page. Company may choose to (but not be obligated to) provide you with notices or communications, including those regarding changes to these Terms and Conditions, by email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed. You may opt out of receiving notices or communications from us by emailing us at [Insert email]. Your continued use of the Platform following any amendments, automatically constitutes your acceptance of such amendments and your agreement to be bound by these Terms and Conditions. If you do not agree to any amendment of these Terms and Conditions, your sole remedy is to discontinue your use of the Platform. The most current version of these Terms and Conditions will be available on the Platform and supersedes previous versions (if any).

19. SUBMISSIONS ON THE PLATFORM
Our visual search engine is easy to use and we accept almost all types of files. If you have trouble uploading any files, please email us and let us know.
All images uploaded by you through the visual search option in the Platform are saved in our records for our own quality, research and statistical purposes. If you are uploading image(s) owned by a private entity or individual it will be automatically assumed that you have sought consent to upload and share the image(s) on the Platform. Please do not share or upload private images on the Platform if you do not have consent from the owners.

Updated: August 15, 2019