1.1 Definitions
The term "Reforma," "we," "our," "us" or “Administrator” refers to Reforma Health FZCO, an IT company registered in the UAE, which developed and provides the Products and the Services.
The term "User" or "you" refers to the individual granted the right to use the App, the Site, the Chatbot or the Services.
The term “Products” or “Product” means collectively or individually the website located at the url: www.reforma.health/ (the “Site”), any mobile application that Reforma provides to you that allows you to access the site or services from a mobile device (the "App"), any chatbot that Reforma provides to you that allows you to access all the above from a mobile device or desktop (the “Chatbot”), **
Reforma distributes the Products, **and that content available through these Products, our emails, and our notifications (the "Content"). The Products, together with the Content, tools, features, functionality, and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, accessed via the Internet, mobile or other device are collectively referred to as the "Service". The Service processes and analyzes user data through artificial intelligence.
By using this Site, App, Chatbot or Content or receiving the Service you are agreeing to all the Terms; if you do not agree with any of these Terms, do not access or otherwise use any Product or any Service.
Our Privacy Policy is part of these Terms and explains how we collect, use, and protect information we learn about you through providing you the Services. You can find our Privacy Policy here Privacy Policy
Our contact email: hello@reforma.health. You can direct any questions regarding the Terms to this address.
2.1 Reforma is a software provider designed exclusively for your educational and entertainment purposes. The Products are based on an artificial intelligence program, and it is not a human, doctor, or medical specialist. Neither Reforma nor any of its Products provides medical services, issues prescriptions, diagnoses, or treats any diseases, prescribes medications, engages in telemedicine activities, nor is it associated with the advertisement or promotion of medical products.
We, our Products, and the Service should not be considered as providing medical care, healthcare services, or other medical services. Only your doctor or other medical professionals or medical organisation can do that. We make no statements, assertions, or warranties that using the Products will have a therapeutic effect, and we are not liable to the User for the outcome of using the Product.
To the maximum extent permitted by applicable law, you expressly agree that we do not provide medical advice, including any advice related to nutrition, weight loss, or wellness. In particular, you understand and expressly agree that the recommendations you may receive through the Service or Product are for informational purposes only, are not medical advice, or recommendations for choosing or using medical products, and you may rely on such recommendations at your own risk. You should always seek the advice of a licensed doctor regarding diseases and health issues. The Service may not be suitable for everyone, and you should consult with a qualified healthcare expert to determine whether the Service will be safe and effective for you. By these Terms, you confirm that you are solely responsible for your state of health.
2.2 Emergency Situations The use of the Service is not intended for emergency situations. If you believe that you have a medical or psychiatric emergency, call or go to the nearest clinic or emergency room immediately.
If you are considering suicide, attempting suicide, or feel that you are a danger to yourself or others, you must immediately stop using the Product, call emergency services, or report this to appropriate police or emergency personnel.
2.3 Use of the Service by Specific Groups of People
Our Service is not intended for use by individuals (i) under the age of 18, (ii) who are pregnant , (iii) with eating disorders. If you fall into any of these categories, please refrain from using the Service.
We reserve the right to modify or discontinue, temporarily or permanently, these Terms, including making additions or changes to the Terms, Service, or Products (or any part of them), modify the content, remove, modify, and publish any intellectual property results or suspend access to such intellectual property results for any third parties (including Users) in relation to the administrator at any time without prior notice. You agree that we are not liable to you or any third party for any modifications, suspension, or termination of the Service. The User is responsible for checking the validity of the terms of these Terms independently.
4.1 Access to the Products and the Services
The Products and the Services may be provided through a variety of channels, some available directly through our applications available on the web-site, or through mobile application stores, as well as private channels of our partners and customers. Users will typically require registration to access the services via a username and password, and some services may be age restricted according to the type of content or service agreements in place with our partners.
4.2 License Reforma grants the User the right to use the Products and using the explicit functions of the Products under a free, simple (non-exclusive) license for personal non-commercial use without the right to transfer to third parties in the territory where access to the Product and its functions are available to the User. The license is granted provided that you do not fall under any categories of persons whose use of the Service is restricted under these Terms, and subject to your compliance with these Terms. We retain all rights to the Content and other rights in relation to the Service and the Products that are not expressly granted under the terms of these Terms.
4.3 Non-commercial Use
The Service is intended solely for your personal use. Unless expressly permitted in this Agreement, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works, modify, sell, resell, exploit, transfer, or download any part of the Service for any commercial purposes.
The User is responsible for any actions related to using the Service. Any use of the Service that is inconsistent with its purpose or the Agreement may result in civil, administrative, or criminal liability.
4.4 Subscription There is no fee for registering with the Chatbot or the App, but to access the expanded functionality of the Chatbot, the App and additional services, the User is required to purchase one of the available subscription plans. By agreeing to become a User, you consent to periodically receiving special offers, marketing emails, surveys, and messages related to the Service.
5.1 You acknowledge that we may establish general rules and limitations regarding the use of the Service, including, but not limited to, the maximum period during which data or other Content will be stored by us. You agree that Reforma is not responsible for the deletion or inability to store any data or other Content saved or uploaded to the Service.
5.2 Reforma cannot guarantee the full security of data transmission through telecommunications networks and messengers, nor the accuracy of such data when provided by the User in interactions with the Products. Accordingly, the User acknowledges that any information provided to the Administrator or made available by the Administrator, posted by the User in the Products, or received on it, including information provided or recorded during the use of its services, sections, features, and tools, is provided and used at the User's own risk. The User acknowledges that data leaks or unauthorized access to data are possible when interacting with the Product. The User understands and accepts all risks associated with potential data leaks when interacting with the Service. Reforma is not responsible for the security of personal data provided by the User when using the Service.
5.3 The User understands and agrees that, when using the Products, cross-border transmission of information contained in the Product requests is possible. The User acknowledges the consequences and assumes full responsibility for the confidentiality and security of information transmitted using the Product.
5.4 Reforma may use User data for Service usage analytics to improve service quality, correct errors, and develop new features. Data may be shared with third parties in anonymized form for analysis.
6.1 Trademarks
The Service contains trademarks and service marks owned by us or other third parties. Unless specifically noted that such trademarks or service marks belong to a third party, we own all trademarks and service marks displayed in the Service, both registered and unregistered, including, but not limited to, the name Reforma Health, YMA, our logo, design patterns, and other graphics, the Service’s trade dress, and other indication of origin of Reforma Health and YMA services. The use of our intellectual property is strictly prohibited unless we have given our prior written consent.
6.2 Content
The Content of the Service, including text, graphics, logos, button icons, images, data compilations, and any other works of authorship, both individually and as they are compiled on the Service, design elements, text, graphic images, illustrations, videos, scripts, software, musical works, sound recordings, and other objects, any other protectable results of intellectual activity, means of individualization of their selection are objects of exclusive rights of Reforma and other right holders, all rights to these objects are protected in accordance with applicable law and international acts. The Content includes materials owned or controlled by us ("Reforma Content") and materials owned or controlled by third parties and licensed to us, including User Content (as described below). Any use of the Content not expressly permitted by these Terms is a breach of hereof and may violate copyright, trademark, and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any Content.
6.3 Use of Content
Except as provided in these Terms or applicable laws and international acts, no Content may be copied (reproduced), modified, distributed, displayed, published, downloaded, transmitted, sold, broadcast, publicly performed, used for training any AI model for any purpose or otherwise used in whole or in part without the prior permission of the copyright holder, unless the copyright holder has expressly consented to the free use of the Content by any person, for example, by providing a license under systems such as Creative Commons or otherwise permitted, or such use directly results from the embedded functionality in the Product and applies to specifically marked (designated) content intended for such use, such as announcements of broadcasts. Simply posting Content in the publicly accessible Internet telecommunications network does not imply such consent.
6.4 User Content
As a user of the Service, you may enter your data, post content, publish, submit, or transmit your comments, reviews, opinions, testimonials, and other content ("User Content"). We do not guarantee any confidentiality concerning any User Content. You are solely responsible for your User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that:
(a) you own or have the necessary permissions for your User Content to enable the use of User Content as contemplated by this Agreement;
(b) neither the User Content nor your posting, uploading, publication, submission, or transmission of the User Content will infringe, misappropriate, or violate a third party's patent, trademark, trade secret, copyright, or other proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
(c) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person.
You retain all ownership rights in your User Content. By submitting your User Content to the Service, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Service and our business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels.
We neither endorse the content of your communications, postings, or data, nor assume any responsibility for any threatening, libelous, obscene, harassing, or offensive material contained in such materials or any crime facilitated by the use of the Service.
6.5 Users are solely responsible for any damages arising from violations of copyright.
7.1. By accessing and using the Service, you agree that you will not use the Product and the Service for any illegal or prohibited purposes. You may not attempt, by any means, to gain unauthorized access to any part of the Service, another account, computer system, or network connected to our server. We reserve the right, at our sole and absolute discretion, to monitor any and all use of the Product and to remove any User Content at any time.
Without limiting the above, you agree not to use the Product and the Service to:
(a) post or otherwise transmit any User Content that:
(i) is illegal, false, misleading, inaccurate, harmful, threatening, abusive, harassing, unlawful, excessively violent, defamatory, vulgar, obscene, pornographic, slanderous, invasive of another person’s privacy, hateful based on race or ethnicity, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or is otherwise objectionable;
(ii) depicts or promotes the use of illegal drugs;
(iii) uses offensive language or images;
(iv) you do not have the right to transmit under any law or under contractual or fiduciary relationships;
(v) poses or creates a privacy or security risk to any person;
(vi) violates any intellectual property or other proprietary rights of any party;
(vii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, is "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
(ix) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or other users to any harm or liability of any type;
(b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including, without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
(c) access the Products and the Content from territories where it is illegal or strictly prohibited;
(d) interfere with, disrupt, or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(e) use the Service to transmit, distribute, post or submit any information concerning any other person without their permission;
(f) harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;
(g) “stalk” or harass any other User or collect or store any information about any other User;
(h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
(i) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(j) transfer or sell your account and/or username to another party;
(k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(l) use automated scripts to access, search, collect information or otherwise interact with the Service (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Product or the Content contained on any such web page for commercial use without our prior express written permission;
(m) other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content;
(n) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
(o) modify, translate, or otherwise create derivative works of any part of the Service; or
(p) advocate, encourage, or assist any third party in doing any of the foregoing.
7.2 In the event of the User's breach of the conditions for using the Service, the User loses the rights granted by us to use the Service. From the moment of the breach, Reforma is entitled to demand compensation for damages from the User.
These Terms apply only to the Products and the Service. When using the Service, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services, or links from other users or third parties such as producers ("Third-Party Content"), either in the Product or through links to third-party websites or mobile applications. Since we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services, or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.
The User agrees that the Service may contain advertising. The User acknowledges the right of the Service Owner to place such advertising without prior notice and without any compensation to the User.
THE PRODUCTS AND THE SERVICE ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCT AND SERVICE, INCLUDING RELIANCE ON ANY RECOMMENDATIONS AND INFORMATION PROVIDED AS PART OF THE SERVICE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PRODUCT OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME, OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT AND THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENCY, OR OTHERWISE. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PRODUCT OR OTHER USERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE INFORMATION POSTED IN THE PRODUCT.
IN NO EVENT SHALL THE ADMINISTRATOR (FOR PURPOSES OF THIS AGREEMENT, THE ADMINISTRATOR INCLUDES OUR EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCT OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE PRODUCT OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This applies, without limitation, to any damages or injury arising from error, omission, interruption, deletion, defect, delay in operation or transmission of information through the application, bodily injury or emotional distress, computer virus, or destruction, unauthorized access to, alteration of, or misuse of any records or data.
WE DO NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT THE DIET, FOOD RECIPES, EXERCISES, OR OTHER CONTENT IN THE SERVICE. THE ADMINISTRATOR DISCLAIMS ANY LIABILITY FOR LOSSES IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS REGARDING THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE APPLICATION OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT OF $100.
IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE NOT SATISFIED WITH ANY PART OF THE SERVICE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
To the maximum extent permitted by law, you release the Administrator, our subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors, and agents from any and all liability, obligations, claims, demands, and/or damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Service; (ii) disputes between Users, including disputes between you and other Users; (iii) Reforma Content, User Content, or Third-Party Content; (iv) claims relating to unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content.
You agree to defend, indemnify and hold harmless the Administrator, our subsidiaries, and affiliated companies, and their respective officers, employees, directors, contractors, and agents from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including attorneys' fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Service and Content; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your User Content; or (e) your interaction with any other User. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defense or settlement of any such matters.
We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access and download the Service do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations, including laws regulating the export of data. We may limit the availability of the Service, in whole or in part, to any person, geographic area, or jurisdiction that we choose, at any time and in our sole discretion. Accessing and downloading the Service is prohibited from territories where the Content of the Service is illegal.
You represent and warrant that you are in compliance with all laws, restrictions, and regulations administered by any governmental entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities, and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship, or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
14.1 Your Termination
You may opt out of using the Product at any time. Once you delete the Product, all data related to your use of the Product will be permanently deleted.
14.2 Our Termination
We may, in our sole discretion and without liability to you or any third party, with or without cause, with or without notice, temporarily or permanently suspend or discontinue the Service (or any part thereof) and, if you breach these Terms, suspend or terminate your account. Termination may result in the forfeiture and destruction of all information associated with your account. We may retain your account information after termination in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SERVICE IF YOU BREACH THESE TERMS. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Nothing contained in these Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and obligations, you should consult with your attorney.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Products, Content, the Service, these Terms, and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You and we agree that, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to the Service, the Content, these Terms, including, but not limited to, our Privacy Policy and/or our privacy practices generally, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to us must be addressed to: hello@reforma.health. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Additional Arbitration Provisions:
(a) Settlement Offers: During the arbitration process, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator.
(b) Applicable Rules; Administrator: The arbitration will be governed by the Dubai International Arbitration Center Rules, which are incorporated into this clause by reference. The number of arbitrators will be one. The place of arbitration will be Dubai, United Arab Emirates. The language to be used in the arbitration proceedings will be English. The arbitrator is bound by the terms of these Terms. All issues, including matters related to the scope and enforceability of this arbitration agreement, shall be decided by the arbitrator.
(c) Class Action Waiver: YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable with respect to any claim brought by any individual, then all arbitration provisions set forth herein shall be deemed null and void.
(d) Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that individual’s specific claim.
18.1 Reservation of Rights
We reserve all rights not expressly granted by these Terms.
18.2 Material Terms
You acknowledge and agree that the binding arbitration agreement and the class action waiver, as well as warranty disclaimers and liability and remedy limitations in these Terms, are material terms of these Terms and that they have been taken into account in our decision to provide the Service.
18.3 Severability
If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of these Terms.
18.4 Assignment; Waiver
You may not transfer, assign, or delegate any of your rights, obligations, or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
18.5 Complete Agreement
These Terms, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by us, constitute the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and third parties assisting in the operation of the Service with respect to the subject matter of these Terms and supersede all prior agreements and understandings, written or oral. These Terms may not be amended by Users. These Terms supersede any previous quotations, correspondence, or other communications, written or oral, between you and us. In no event shall we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside of our reasonable control.
18.6 Electronic Communications
All information communicated as part of the Service is considered an electronic communication. When you communicate with us through the Product or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.