Organic Apps
TERMS OF SERVICE
Last Updated in December, 2024.
IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE ORGANIC APPS WEBSITE, APPS, AND/OR SERVICES. IF YOU DO NOT WHOLLY AGREE TO THESE TERMS OF SERVICE HEREIN, DO NOT USE THE ORGANIC APPS WEBSITE, APPS AND/OR SERVICES.
These Organic Apps Inc. (“Organic Apps”) Terms of Service (“Terms of Service” or “Terms”) govern access to and use of the Organic Apps Website, Apps, and Services by all users, including, without limitation, you (“User(s)”). These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without reference to conflicts of law rules and principles. THE ORGANIC APPS PRIVACY POLICY IS INCORPORATED HEREIN AND MADE A BINDING PART OF THESE TERMS OF SERVICE.
YOU ARE SUBJECT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE WHETHER YOU ACCESS THE WEBSITE, APPS, OR SERVICES DIRECTLY FROM ORGANIC APPS, OR THROUGH ANY OTHER SOURCE. BEFORE ACCESSING CERTAIN FEATURES OF THE WEBSITE, APPS, AND SERVICES YOU MAY ALSO HAVE THE OPPORTUNITY TO ACCEPT THIS OFFER OF AGREEMENT AND ANY ADDITIONAL TERMS THROUGH A CLICK-THROUGH PROCEDURE. YOU MAY ALSO AGREE TO THESE TERMS THROUGH USING THE WEBSITE, APPS, AND/OR SERVICES, OR CREATING AN ORGANIC APPS USER ACCOUNT, YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS OF SERVICE AND AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE AGAINST YOU PURSUANT TO THEIR TERMS TO THE SAME EXTENT AS ANY WRITTEN NEGOTIATED AGREEMENT. UPON TERMINATION OF THESE TERMS OF SERVICE, YOU WILL NO LONGER BE AUTHORIZED TO USE OR TAKE ADVANTAGE OF THE WEBSITE, APPS, AND/OR SERVICES IN ANY WAY.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 14.1). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND ORGANIC APPS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do NOT AGREE to any specific additional terms which apply to a particular Service, App, or Website features, User Content or particular transactions concluded through the Organic Apps Website, Apps, or Services, then you should NOT use the parts of the Website, Apps or Services containing such features, User Content, or through which such transactions are conducted. When using or taking advantage of any Services, should you visit another website or obtain any products, applications, or services from another entity or provider, whether free of charge or for payment, you will be subject that third-party’s guidelines and conditions applicable to such products, applications or services, and NOT those of Organic Apps.
Key Definitions
Access and Use: The act of downloading, accessing, and/or electronically visiting the Website and Apps, and/or taking advantage of the Services or any information provided by Organic Apps.
Apps: Organic Apps provided downloadable applications allowing Users to Access and Use the Services on desktop and mobile devices.
Services: All Organic Apps Services, including, but not limited to, all content, data, documents, graphics, information products, text, and all other elements offered through the Website, or Apps, excluding the User Content.
User: All individuals, partners, or groups, including all business, commercial, non-profit, organizations or entities in whatever form, whether legally recognized or not, who access and take advantage of the Website, Apps, and/or Services.
Website: The Organic Apps websites on which the Services are made available.
1. UPDATES TO TERMS OF SERVICE
These Terms of Service may be amended by Organic Apps at any time upon notice through any of the following means: a posting on the main page of the Website or App, at or after a login to the Account, or by e-mail to the address provided to Organic Apps. User’s failure to provide and maintain accurate or current contact information in the Account will not obviate User’s responsibility to comply with these Terms of Service. Specific terms and conditions, if and when indicated by Organic Apps, may apply to specific content, products, materials, Services or information contained on or available through the Website and Apps or transactions concluded therethrough. Such specific terms may be in addition to these Terms of Service, or, where inconsistent, and then such specific terms will prevail. Please check these Terms of Service regularly to ensure awareness of all terms governing the Use of the Website, Apps, and Services. Your continued use of the Website, Apps, and/or Services indicates your agreement to any changes to these Terms of Service.
2. SERVICES
2.1. Fitness and Nutrition. The Websites and Apps allow Users to create User Accounts to purchase Subscriptions and get access to fitness and nutrition plans and coaching, track progress, and share User Content to communicate with other Users and Organic Apps (the “Services”).
2.2. Subscription. Temporary access to specific Services is granted pursuant to the subscription plan purchased by User through the Websites and/or Apps for a Fee (“Subscription”).
2.3. Automatic Renewal. User agrees that upon the purchase of any Subscription, Organic Apps may enroll User in automatic renewal of the Subscription by withdrawing the then-current Fee from the payment method that User used to complete the initial Subscription purchase or enrollment order. If User purchases a Subscription with automatic renewal, User agrees to pay the then-current Fees at renewal, which may be changed at Organic Apps' sole discretion. If User does not agree to renewal or any changes, User must cancel their Subscription before the next billing period, otherwise the Subscription will be automatically renewed at the then-current Fee and term length for the next Subscription term.
2.4. Updates. Organic Apps may offer updates to the Website, Apps, and/or Services and User agrees to implement such updates in a timely manner. Failure to update the Website, Apps, and/or Services may result in the unavailability of certain Service features. For the avoidance of doubt, nothing in these Terms of Service shall obligate Organic Apps to release any updates or upgrades for the Website, Apps, and/or Services.
2.5. Free Trial. Organic Apps may offer limited free trial access to the Services for evaluation purposes (“Free Trial”). User can cancel a Free Trial without being charged at any time before it expires pursuant to the terms presented at enrollment. Please see the Cancelation Policy for more information. Upon the expiration of any Free Trial, User shall be automatically enrolled in the applicable Subscription and shall be charged the then-current Fee. THE WEBSITE, APPS, AND/OR SERVICES PURSUANT TO A FREE TRIAL ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE USE OF THE WEBSITE, APPS, AND/OR SERVICES PURSUANT TO A FREE TRIAL IS DONE AT USER’S OWN DISCRETION AND RISK. ORGANIC APPS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE, APPS, SERVICES, OR ANY CONTENT THEREON. ORGANIC APPS SHALL HAVE NO LIABILITY ARISING OUT OF ANY FREE TRIAL (INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, GENERAL, AND/OR CONSEQUENTIAL DAMAGES), INCLUDING ANY ONE OR MORE CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
3. USER ACCOUNT
3.1. User Account. User must sign up for a personalized account through the Website or Apps in order to access the full range of features offered by Organic Apps (“Account”). In creating an Account, User AGREES to submit accurate, current, and complete information and keep this information frequently updated. Organic Apps reserves the right to suspend or terminate Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete. When User creates the Account, User will choose a personal, non-transferable username and password. Accounts may not be “shared” or used by more than one individual. After User ACCEPTS these Terms of Service and the Account registration has been accepted by Organic Apps, the Account will be established. When creating an Account, User must ensure the confidentiality of the Account’s password and other access credentials. Organic Apps shall not be liable for any loss or damage arising from User’s failure to protect User’s password or Account information. User is responsible for any and all activities that occur under any Account, whether or not such use was authorized by the User, including, but not limited to any transactions conducted therethrough.
3.2. Third-Party Account. User may be presented with the option to create and/or login to a User Account using their third-party social media or other account (e.g., Facebook, Google, etc.). In the event that User utilizes a third-party account to create and/or log in to a User Account, Organic Apps will receive certain User information from such third party as further described in the applicable third-party terms and/or privacy policy. Organic Apps shall process such information in accordance with the Organic Apps Privacy Policy.
3.3. Account Actions. In creating the Account, User AGREES to full responsibility for any and all copyright or trademark infringement claims stemming from the creation and customization of the Accounts, and any information transmitted therethrough, including all User Content. User AGREES and understands that User alone is responsible for maintaining the confidentiality of all usernames and passwords associated with any Accounts User uses to access the Services. User will be held accountable for all activities that occur under his/her Accounts. Organic Apps is not liable for any harm caused or related to the theft or misappropriation of the Account, username, password, disclosure of the User’s username or password, or User’s authorization of anyone else to use User’s username or password or Account. However, User could be held liable for losses incurred by Organic Apps, other Users, or any third party due to misappropriation and use of the Account. If User becomes aware of any unauthorized use of the Accounts, User must notify Organic Apps as soon as practicable at [email protected].
3.4. Prior Account. If User previously had an Account with Organic Apps, User hereby represents and warrants that User’s prior account was not terminated or suspended by Organic Apps for violations of these Terms of Service or any other terms, conditions or policies of Organic Apps.
3.5. Termination of User Account. Upon termination of an Account, Organic Apps shall deal with any User Content in accordance with Organic Apps’ Privacy Policy, including, but not limited to the deletion of the User Content, and User will no longer be entitled to access such User Content. THERE IS NO ABILITY FOR USER TO ACCESS USER CONTENT FOLLOWING TERMINATION OF HIS/HER ACCOUNT. IT IS USER’S SOLE RESPONSIBILITY AND RISK TO DOWNLOAD, EXPORT, BACKUP, OR OTHERWISE RETRIEVE ANY USER CONTENT FROM THE SERVICES PRIOR TO TERMINATION OF THEIR USER ACCOUNT FOR ANY REASON.
4. USER CONTENT
4.1. User Content. The Services enable Users to provide text, photos, audio, video, information, and other content (“User Content”). Organic Apps does not own any User Content and does not monitor, edit, or disclose any information regarding User Content without prior permission, except in accordance with these Terms of Service and the Privacy Policy. User understands and AGREES that by Using the Website, Apps, and Services, they may be exposed to User Content that they may find offensive, indecent or objectionable and that they Use the Website, Apps, and Services at their own risk. Views expressed by Users and User Content do not represent the views of Organic Apps.
4.2. No Monitoring. User understands and acknowledges that Organic Apps has the right, but does not have an obligation, to monitor the use of the Services and verify the information provided by Users. Organic Apps may review, disable access to, remove, or edit any material, including User Content in order to (i) improve the functionality or security of the Website, Apps, and/or Services, (ii) comply with law, (iii) ensure Users’ compliance with these Terms of Service, and (iv) address material that is in Organic Apps’ sole discretion is offensive, objectionable, harmful, disruptive to the normal flow of dialogue or otherwise affects the ability of other Users to Access the Website, Apps, and/or Services. User understands, acknowledges, and agrees that Organic Apps administers these Terms of Service and Privacy Policy at its sole discretion. User agrees to cooperate with and assist Organic Apps in good faith, and to provide Organic Apps with such information and take such actions as may be reasonably requested by Organic Apps with respect to any investigation undertaken by Organic Apps regarding the use or abuse of the Services.
4.3. No Endorsement. Notwithstanding anything to the contrary in the foregoing, in no circumstance shall Organic Apps be considered as a "publisher" of any User Content, and does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Website, App, and/or Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that User, or any third party may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Organic Apps shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content that any User or third party may encounter.
4.4. Rights. Organic Apps does not grant User any rights to any User Content, such rights may only be granted by the User that owns such User Content. Users allow other Users to access and view User Content for their own lawful and personal use in accordance with any licenses that User has granted.
4.5. Storage. The amount of User Content that may be stored by the Services and the upload limits of such content shall be determined by Organic Apps at its sole discretion. Once the storage limit is reached, no further User Content may be transmitted through the Services.
4.6. Control. User acknowledges that once User Content is posted on Organic Apps, Organic Apps cannot control and will not be responsible to User for the use which other Users or third parties make of such User Content. User can delete the Account at any time, but User acknowledges that deleting the Account will not prevent the circulation of any User Content which may have been recorded by other Users in breach of these Terms of Service or by third parties prior to the deletion of the Account.
4.7. Removing User Content. If User deletes User Content from the Website, Apps or Services, Organic Apps will use reasonable efforts to remove it from public view, but User acknowledges and agrees that cached versions of the User Content or references to the User Content may not be immediately unavailable.
4.8. Prohibited User Content. Types of User Content prohibited from the Website and Services include but are not limited to: (a) illegal content; (b) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (c) content that discloses another person’s personal, confidential, or proprietary information without consent; (d) fraudulent content; (e) malicious content such as malware or spyware; (f) adult content (e.g., nudity, drug use, firearms, etc.); and/or (g) infringing content.
4.9. Suspension of Access. If Organic Apps suspends access to any User Content, User may request a review of Organic Apps’ decision to suspend access to the relevant User Content by contacting Organic Apps at [email protected]. Following Organic Apps’ investigation of the suspected non-compliance or unlawfulness of the User Content, Organic Apps reserves the right to take any action Organic Apps considers appropriate at its sole discretion, including the reinstatement of access to the User Content or its permanent removal without needing to obtain any consent from User and without giving User prior notice. User agrees that User will at User’s expense promptly provide all reasonable assistance, including, but not limited to providing Organic Apps with any information requested, in Organic Apps’ investigation. Organic Apps will not be responsible for any loss suffered by User arising from the suspension of access to User Content or any other steps which Organic Apps takes in good faith to investigate any suspected non-compliance or unlawfulness of User Content.
4.10. Security. User is solely responsible for protecting the information on his/her devices, e.g., installing anti-virus software, updating applications, password-protecting files, and preventing third-party access. User Content of other Users might be corrupted, contain viruses, software malfunctions or other issues. Organic Apps is not responsible for any damages that any User may incur through the sharing and Use of such User Content.
5. USER OBLIGATIONS
5.1. Terms of Use. User AGREES to Use and Access the Website, Apps, and Services only for purposes permitted by these Terms and not prohibited by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction(s). Specifically, User AGREES and warrants that in using the Services, User’s actions do not contravene the laws, rules, or regulations of (i) the country, state, or locality where User resides, and/or (ii) the country, state, or locality where Organic Apps is located or operates. This includes complying with applicable export and import restrictions as well as any other restrictions. The rights of any User to Use the Services cannot be shared or used by more than one User. No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except as expressly provided herein. ORGANIC APPS IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY USER OR THIRD PARTIES ACTING ON HIS/HER BEHALF. IT IS THE RESPONSIBILITY OF USER TO ENSURE THAT THEIR USE OF THE WEBSITE, APPS, AND SERVICES, DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.
5.2. Service Access. User AGREES not to access (or attempt to access) the Website, Apps, and/or Services by any means other than through the means provided by Organic Apps. User AGREES not to access (or attempt to access) the Website, Apps, and/or Services by way of automated means and that User will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Without limiting any of the foregoing, User AGREES that he/she will not:
a. Scrape, hack, reverse engineer, compromise, or impair the Website, Apps, and/or Services, which includes without limitation, a prohibition on using bots, crawlers, scrapers, or other automated means of access or collect data or other content from or otherwise interact with the Website, Apps, and/or Services;
b. Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Website, Apps, and/or Services;
c. Upload, post, or otherwise transmit through the Website, Apps, and/or Services any viruses or other harmful, disruptive, or destructive files or computer codes;
d. Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Website, Apps, and/or Services; and
e. Take any action that could damage or adversely affect the performance or proper functioning of the Website, Apps, and/or Services.
5.3. Other Obligations. User AGREES that he/she will not:
a. Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website, Apps, and/or Services, or access or use the Website, Apps, and/or Services in order to build or support, and/or assist a third-party in building or supporting, products or services competitive to Organic Apps;
b. Disrupt or interfere with any other person’s enjoyment of the Website, Apps, and/or Services;
c. Access or attempt to access any User Content which User is not authorized to access under the terms herein;
d. “Stalk,” harass, or threaten other Users, or any other person;
e. Send, post, or make available leud, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages;
f. Make unsolicited offers, advertisements or proposals, or send chain letters, unsolicited emails, SMS, “spam” or other junk messages;
g. Use the name, logo, branding, or trademarks of Organic Apps or others without permission;
h. Use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Organic Apps branding;
i. Use the Website, Apps, and/or Services for any illegal or unlawful purpose;
j. Use the Website, Apps, and/or Services in any manner that in Organic Apps’ sole discretion could damage, disable, overburden, impair it, or interfere with any other party’s use and enjoyment of the Website, Apps, and/or Services.
6. PAYMENT
6.1. Service Plan. The prices for different Subscriptions are set forth on the Website and/or Apps at time of purchase (“Fee(s)”). Organic Apps reserves the right to discontinue or change the price and/or features of any Subscription at any time. Such changes shall not apply until the expiration of any purchased Subscriptions.
6.2. Payment. Organic Apps uses supported third-party payment processing services (“Payment Systems”) to facilitate User transactions. Payment Systems maybe be amended from time to time, in Organic Apps’ sole discretion. User hereby authorizes Organic Apps and its affiliates to provided User’s payment details to the Payment Systems. User’s right to use such Payment Systems is governed by the terms of the applicable third-party license agreement and not under these Terms of Service, and Organic Apps shall have no liability for lost or delayed payments as a result of such Payment Systems. The Payment System will take (i) periodic payments from User’s payment card for Subscription Fees; and (ii) immediate payments from User’s payment card for all other User transactions. User authorizes and consents to each of these payments being debited using User’s supplied payment card details.
6.3. Refunds. After fourteen (14) days of the start of a Subscription and before thirty (30) days from the start of such Subscription, User may request a refund of any prepayments, in the event that the Services do not function in accordance with these Terms of Service or if the User has not achieved any visible or measurable results. Organic Apps reserves the right to deny any refunds due to User error or non-use of the Services in its sole reasonable discretion. Organic Apps will review refund applications and notify User via email whether any refunds are approved. Approved refund applications will be processed, and will be automatically applied to the User’s credit card on file or original payment method within fourteen (14) days of approval. For the avoidance of doubt, no Subscription shall be terminated and no refunds shall be given due to User’s general dissatisfaction, personal or financial reasons, and/or medical conditions.
6.4. US States. If User resides in California or Connecticut, they may cancel a Subscription purchase at any time prior to midnight of the third business day after the date of such purchase and receive a full refund, absent User’s breach of these Terms of Service.
6.5. EU Users. If User is an EU resident, the User has the right to withdraw from a Subscription or other agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the effective date of such purchase. The withdrawal right does not apply if the performance of the agreement has begun with prior express consent and acknowledgment that User shall thereby lose the right of withdrawal. USER HEREBY EXPRESSLY CONSENTS TO THE IMMEDIATE PERFORMANCE OF THESE TERMS OF SERVICE AND ACKNOWLEDGES THAT USER WILL LOSE THE RIGHT OF WITHDRAWAL FROM THESE TERMS OF SERVICE ONCE ORGANIC APPS SERVERS VALIDATE THE PURCHASE AND USER SUCCESSFULLY RECEIVES THE APPLICABLE PURCHASE.
6.6. Third-Party Payments. Payment for access to Third Party Materials shall be made directly to such third parties unless otherwise stated herein or at time of purchase.
7. INTELLECTUAL PROPERTY (IP); LINKING
7.1. Sole Ownership of IP Rights. The Website and Apps, in their entirety, including the Organic Apps Website name and logo, and all other Services, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Website and Apps (including color combinations, layout, design and all other graphical elements), are the sole property of Organic Apps and/or its authorized affiliates. The foregoing Organic Apps rights are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules; and may not be copied, used or re-used for any purpose not expressly authorized in these Terms of Service, without Organic Apps’ prior written permission. User acknowledges and agrees that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Organic Apps on the Website, Apps, and/or Services may contain other proprietary notices or describe products, services, processes, or technologies owned by Organic Apps to which the same such protections and rights above will apply, unless such material is rightly owned by a third party.
7.2. User Content License. User hereby grants to Organic Apps a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with its obligations under these Terms of Service and Organic Apps’ business including without limitation for promoting and redistributing part or all of the Website, Apps, or Services (and derivative works Organic Apps may create) in any media now known or hereafter developed.
7.3. Use of Organic Apps IP. Nothing in these Terms of Service or through the use of the Services shall be construed as granting a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Organic Apps or any other third party, except as otherwise explicitly granted herein. Similarly, unless otherwise specifically provided herein or authorized by Organic Apps in writing, all rights in the Apps, Website, and Services, and content thereon not expressly granted, are reserved by Organic Apps. Pursuant to the licenses granted herein, User AGREES not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineer, or create any derivative works based on the Website, Apps, and/or Services. User also AGREES to not delete nor change any attribution or proprietary rights notices placed by Organic Apps or other Users.
7.4. Third-Party Materials. The Website, Apps, and Services may include links to other websites and/or third-party products that are not under Organic Apps’ control (collectively, “Third-Party Materials”). Organic Apps provides such links only for convenience to User, and the inclusion of any link to Third-party Material(s) does not imply endorsement by Organic Apps of the content, products and/ or services of such Third-party Material(s). User acknowledges and agrees that any third party which provides any Third-Party Materials may suspend or discontinue any of their products and services at any time, without notice, and in their sole discretion, resulting in the disabling of corresponding Service features. Organic Apps shall have no liability for such third-party suspension or discontinuation
7.5. Linking to Website. Linking to the Website is permitted provided that User complies with the following rules: User may link to the landing page of the Website or to any other page of the Website. However, User is not allowed to use in-line linking (or hot-linking) or framing. User must not imply that Organic Apps endorses or sponsors the linker or any third party; or their website, products or services. User must not use Organic Apps’ intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Organic Apps. Furthermore, User AGREES to remove any link to the Website at any time, upon Organic Apps’ request.
7.6. IP Infringement. In the event of copyright infringement, User’s should follow the DMCA takedown procedure set forth in the DMCA Policy. All other infringement can be reported to [email protected].
8. USER WARRANTIES
8.1. GENERAL. USER HEREBY WARRANTS THAT: (i) ALL INFORMATION PROVIDED TO ORGANIC APPS IN CONNECTION WITH THE WEBSITE, APPS, AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) USER HAS FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) USER IS OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH ORGANIC APPS; (iv) USER WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) USER SHALL PERFORM ALL OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; (vi) AND ALL USER CONTENT UPLOADED TO THE SERVICES DOES NOT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
8.2. Third Party Terms. User represents and warrants that he/she shall comply with any and all licenses or other terms and conditions of all applicable third-party service providers, including Payment Systems.
8.3. No Violation. User represents and warrants that: (i) User has obtained all necessary rights and permissions to any User Content uploaded to the Services and to grant to Organic Apps the rights required by these Terms of Service; (ii) User’s Use of the Website, Apps, Services, any User Content, and any other submission through the Services will not violate (a) any laws, (b) the intellectual property, privacy or other rights of third parties, or (c) User’s or applicable third party local regulations regarding the processing of personal information.
8.4. Export. Any and all products downloaded or purchased from the Website, Apps, and/or Services may be subject to United States export controls. User AGREES that he/she and his/her representatives are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; or (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons;” (v) or if the undersigned is an individual or a company, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (vi) on the United States Commerce Department’s Table of Deny Orders. Organic Apps reserves the right to block access to the Website, Apps, and Services to User and/or to terminate these Terms of Service at any time without notice if Organic Apps determines, at its sole discretion, that such access may cause a violation or create unacceptable risk to Organic Apps under export controls or sanctions.
9. ORGANIC APPS DISCLAIMERS
9.1. SERVICES “AS IS” AND “AS AVAILABLE.” THE WEBSITE, APPS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY, OR SUITABILITY OF THE SERVICES. THE USE OF THE WEBSITE, APPS, SERVICES, OR OTHER USE OF ANY PRODUCTS THROUGH THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ORGANIC APPS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE, APPS, AND/OR SERVICES, OR ANY CONTENT THEREON. ORGANIC APPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, APPS, THE SERVICES, OR CONTENT THEREON. USER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. ORGANIC APPS DOES NOT WARRANT THAT THE WEBSITE, APPS, SERVICES, CONTENT THEREON, AND THE SERVERS WHICH MAKE THE WEBSITE, APPS, SERVICES, AND CONTENT AVAILABLE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
9.2. LIMITATION OF LIABILITY. ORGANIC APPS’ LIABILITY ARISING OUT OF THE SERVICES, INCLUDING ANY ONE OR MORE CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF $100 OR THE CONSIDERATION PAID TO ORGANIC APPS HEREUNDER DURING THE PRECEDING TWO (2) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
9.3. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL ORGANIC APPS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY FORM OR THEORY OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
9.4. TIME TO BRING ACTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION WHICH USER HAS AGAINST ORGANIC APPS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE OR THE DATE ON WHICH USER LEARNED OF THE FACTS GIVING RISE TO THE CAUSE OF ACTION (WHICHEVER IS THE EARLIER), OR BE FOREVER BARRED.
10. SAFETY WARNINGS
10.1. INFORMATIONAL PURPOSES ONLY. THE WEBSITES, APPS, AND SERVICES OFFER HEALTH AND FITNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. USER’S SHOULD CONSULT THEIR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. USER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF USER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS/HER HEALTH, USER SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. USER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM HEALTHCARE PROFESSIONALS BECAUSE OF SOMETHING HE/SHE MAY HAVE READ OR HEARD ON THE WEBSITE, APPS, OR SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY “AS-IS” AND “AT YOUR OWN RISK” AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
10.2. NO MEDICAL ADVICE. NOTHING STATED OR POSTED ON WEBSITES AND/OR APPS, OR MADE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICES ARE CONTINUOUSLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, ORGANIC APPS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE WEBSITES, APPS, AND/OR SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
10.3. Preexisting Conditions. User agrees, acknowledges, and affirms that all of the following are true, unless the User specifically consulted a physician or general practitioner who approved of the User’s Use of the Services:
a. No physician or general practitioner has ever informed User that User has a heart condition or that User should only do physical activities recommended by a physician or general practitioner;
b. User has never felt chest pain when engaging in physical activity;
c. User has not experienced chest pain when not engaged in physical activity at any time within the past month;
d. User has never lost his/her balance because of dizziness and has never lost consciousness;
e. User does not have a bone or joint problem that could be made worse by a change in physical activity;
f. User is not currently prescribed drugs for blood pressure or a heart condition;
g. User is not pregnant, breastfeeding or lactating;
h. User does not have a history of high blood pressure, and no one in User’s immediate family has a history of high blood pressure or heart problems; and
i. User does not know of any other reason why User should not exercise.
10.4. Cancelation. Organic Apps reserves the right to refuse or cancel a Subscription or otherwise terminate access to the Websites, Apps, and/or Services if it determines that User has certain medical conditions or that the representations set forth in Section 10.3 above are untrue or misleading in any respect. In the event of cancelation under this Section 10.4, User shall not be entitled to any refunds whatsoever.
11. TERM, TERMINATION
11.1. Term. These Terms of Service shall remain in force and effect until they are terminated by the User or Organic Apps pursuant to these Terms of Service.
11.2. Termination for Cause. Either party may terminate these Terms of Service for cause upon the other party’s material breach. In the event Organic Apps terminates these Terms of Service for User’s breach, (i) User may not use the Website, Apps, and Services in any way, (ii) Organic Apps shall store User Content for purposes of investigation, and (iii) Organic Apps shall withhold any funds and payments pending an investigation of Organic Apps’ liability resulting from such breach.
11.3. Termination for Convenience. User may terminate these Terms of Service at any time and for any reason, or no reason, by paying all amounts due to Organic Apps in accordance with the User’s chosen Subscription term and sending notice to [email protected]. Organic Apps may terminate these Terms of Service at any time and for any reason, or no reason.
11.4. Upon Termination. Upon the termination or expiration of these Terms of Service for any reason:
a. Obligations under Sections 5-11, and 13-15 of these Terms of Service shall continue in effect after the expiration or termination of these Terms of Service.
b. User shall not use or take advantage of the Websites, Apps, and/or Services in any way and shall delete and uninstall the Apps or any Service content as applicable.
12. SUPPLY AND RIGHT TO SERVICE
Temporary suspension of access to the Website, Apps, and/or Services may occur with notice at Organic Apps’ sole discretion including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond Organic Apps’ control. Organic Apps reserves the right to suspend the operation of its Website, Apps, or Services but will only do so on a good faith basis. The Website, Apps, and Services may contain references to specific Organic Apps products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
13. INDEMNIFICATION
User hereby AGREES to indemnify and hold harmless Organic Apps and/or its vendors and service providers, its affiliates, officers, directors, agents, and employees from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of (i) User’s breach of any representation, warranty, obligation, or covenant of these Terms of Service, (ii) any improper use of the Website, Apps, and/or Services, (iii) any interaction with other Users, (iv) any User Content or use thereof, (v) any infringing User Content, or (vi) breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights. Organic Apps retains the exclusive right to compromise, pay, and settle, without User’s consent, any and all claims or causes of action that are brought against Organic Apps. Organic Apps also reserves the right, at User’s expense, to assume the exclusive control or defense of any matter for which User is required to indemnify Organic Apps and User AGREES to cooperate with the defense of these claims. User AGREES not to settle any matter in which Organic Apps is named as a defendant and/or for which User has indemnity obligations hereunder, without Organic Apps’ prior written consent. Organic Apps will use all reasonable efforts to communicate with and notify the User of any such action, claim, or other proceeding in an acceptable and timely manner.
14. DISPUTES
14.1. CLASS ACTION WAIVER. EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY, AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR IS AGAINST PUBLIC POLICY. If any of the foregoing provisions is determined by a court or arbitrator to be inapplicable or unenforceable with respect to a dispute, User and Organic Apps each agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit will be exclusively in the courts of the State of Delaware.
14.2. MASS ARBITRATION WAIVER. USER AND ORGANIC APPS EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, EACH IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION.
14.3. Arbitration. In the event of a dispute between User and Organic Apps arising out of or in connection with these Terms of Service, the parties hereto shall use their best efforts to resolve the dispute in an amicable manner. If an amicable settlement cannot be reached within thirty (30) days of written notice of a dispute, such dispute shall be resolved by arbitration, upon written request, by one (1) arbitrator administered by the American Arbitration Association pursuant to the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”).
USER AND ORGANIC APPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
a. In the event of any conflict between the AAA Rules and the provisions of this Agreement, the provisions of this Agreement shall prevail.
b. The place of the arbitration shall be San Fransisco, CA.
c. The English language shall be used as the written and spoken language for all matters connected with all references to arbitration.
d. The decision of the arbitrator shall be made in writing.
e. The decision of the arbitrator shall be final and binding on the Parties, save in the event of fraud, manifest mistake or failure by the arbitrator to disclose any conflict of interest.
f. The decision of the arbitrator may be enforced by any court of competent jurisdiction and may be executed against the person and assets of the losing Party in any jurisdiction. For the avoidance of doubt, such court includes any court that is authorized to make such an order by virtue of any treaty or legislation relating to the reciprocal enforcement of foreign arbitral awards or judgments.
14.4. Equitable Relief. Nothing in Section 14.3 above shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings. For purposes of this Section 14.4, the Parties further agree to submit to the personal jurisdiction of any court in Delaware; and in the event that such courts lack jurisdiction, then to any other court of competent jurisdiction, and Parties agree to accept service of process in connection with any such suit by means indicated in Section 15.2 of these General Terms.
14.5. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without reference to conflicts of law rules and principles. In the event of a dispute arising from or relating to the subject matter of these Terms of Service and which is not subject to arbitration, suit may be brought only in the District Court for the State of Delaware, provided that, in the event that suit may not be brought in the District Court for the District of Delaware, suit may be brought in any court of competent jurisdiction within the State of Delaware. The parties further agree to submit to the personal jurisdiction of any such court in State of Delaware for purpose of adjudicating any dispute arising from or relating to the subject matter of these Terms of Service and Parties agree to accept service of process in connection with any such suit. User AGREES to the exclusive jurisdiction of the courts of the State of Delaware for any claim or cause of action arising out of, relating to, or in connection with these Terms of Service or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by Organic Apps. This Terms of Service shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded. User hereby agrees and consents to receive service of process by electronic means, including, but not limited to email, and such service shall be deemed completed upon transmission.
14.6. Expenses. The substantially prevailing Party in any legal action, including arbitration, brought by one Party against the other and arising out of this Agreement shall be entitled, along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
15. MISCELLANEOUS
15.1. Audit. Organic Apps may audit any User’s Use of the Website, Apps, and/or Services, to ensure compliance with this Agreement upon reasonable prior notice.
15.2. Notices. Organic Apps may send notices to User at the email provided to Organic Apps, through the User Account, or otherwise through the Website, Apps, and/or Services. User may send notices to Organic Apps through the User Account or via email at [email protected].
15.3. Agreement to Deal Electronically. All transactions with or through the Website, Apps, or Services will be conducted and executed electronically. Organic Apps may keep records of any type of communication conducted via the Website, Apps, or Services. User AGREES to receive electronic communications from Organic Apps, which shall include all Terms of Services, disclosures, and notifications, and that such communications will always be in writing. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
15.4. Third Party Beneficiaries. There are no third-party beneficiaries to these Terms of Service.
15.5. Assignment. Organic Apps may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without User’s consent. User may not assign or delegate any rights or obligations under these Terms of Service without Organic Apps’ prior written consent, and any unauthorized assignment and/or delegation by User shall be void and ineffective.
15.6. Feedback. User may from time to time provide suggestions, comments, or other feedback to Organic Apps with respect to any product, material, software, or information provided by Organic Apps (“Feedback”). Such Feedback is warmly appreciated and welcomed, as Organic Apps strives to bring customers the best possible services. All Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for Organic Apps. Organic Apps shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to User. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to Organic Apps’ Privacy Policy.
15.7. COPPA. The Children's Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13. Organic Apps’ Website, Apps, and Services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, please see: http://www.onguardonline.gov/articles/0031-kids-privacy.
15.8. Injunctive Relief. User acknowledges and AGREES that any violation or breach of these Terms of Service may cause Organic Apps immediate and irreparable harm and damage. As a result, Organic Apps has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against the User regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Organic Apps in law or in equity, Organic Apps may seek specific performance of any term in these Terms of Service.
15.9. Force Majeure. Neither the User nor Organic Apps shall be considered to be in default or breach of these Terms of Service, and shall be excused from performance or liability for damages to the other party, if and to the extent the User or Organic Apps shall be delayed in or prevented from performing or carrying out any of the provisions of these Terms of Service, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond the User’s or Organic Apps’ reasonable control, including any curtailment, order, regulation (including sanctions), or restriction imposed by governmental, military or lawfully established civilian authorities. A Force Majeure event does not include an act of negligence or intentional wrongdoing by the User or Organic Apps.
15.10. Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of this Terms of Service.
15.11. Waiver; Terms of Service Rights. In the case Organic Apps waives any breach or any rights under these Terms of Service, such waiver will affect only that particular situation and will not waive any other future breach. Additionally, the failure of Organic Apps to enforce these Terms of Service under strict performance will not be construed as a waiver of Organic Apps’ rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that Organic Apps does not enforce these Terms of Service under strict performance. Organic Apps fully intends to enforce these Terms of Service in strict performance, however, Organic Apps reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by Organic Apps, and when appropriate, User, in order for any effect to be given to such waiver. No waiver will be effective without Organic Apps’ authorized signature, and when User’s signature is required, no waiver will also be effective without User’s authorized signature.
15.12. Prevailing Language. Where Organic Apps has provided User with a translation of the English language version of these Terms of Service into another language, such translation is provided for convenience only and the English language version of these Terms of Service will govern such User’s Access to the Website, Apps, and/or Services.
15.13. Entire Terms of Service. These Terms of Service, including if not superseded by the most recent version (by calendar date of implementation) of Organic Apps’ Terms of Service, and the Organic Apps Privacy Policy constitute the entirety of the agreement between Organic Apps and the User to Access and Use the Website, Apps, and Services. No waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpretation of this Terms of Service between Organic Apps and the User, besides these Terms of Service and the Privacy Policy. These Terms of Service and all documents and communications related thereto are and will be written in English. Unless allowed for and excepted by these Terms of Service, the agreement between Organic Apps and the User is wholly contained, herein.
ORGANIC APPS DOES NOT BEAR ANY RESPONSIBILITY NOR ASSUMES ANY RISKS IF FOR ANY REASON A PRODUCT OR A SERVICE MADE AVAILABLE ON THE WEBSITE BREACHES NATIONAL LAW OF ANY COUNTRY. THOSE WHO ACCESS THE WEBSITE OR SERVICES DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR NATIONAL LAWS.
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