USER TERMS
Please read these Mobile Application Terms of Service (the “Terms”) and our Privacy Notice (https://www.rwazi.com/privacy-policy) (“Privacy Notice”) carefully because they govern your use of the mobile application (“App”) offered by Rwazi, Inc. (“Rwazi”).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS AND CREATE AN ACCOUNT WITH RWAZI ON THE APP, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RWAZI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION.
Description of App. The App (i) enables users to connect with a digital assistant (known as “Ela”) which utilizes artificial intelligence technology to provide computer-based responses to prompts (“Ela”), (ii) offers users the ability to complete certain tasks, such as taking videos or photographs (which is a part of User Content) of specified areas or products (“Logs”), whereby successful completion of certain Logs may result in payments made to the user if offered via the App (“Rewards”), (iii) allows users to provide certain product and budget information, and (iv) provides information to the user relating to product pricing and budget management.
Agreement to Terms. By using our App, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the App.
Privacy Notice. Please review our Privacy Notice, which also governs your use of the App, for information on how we collect, use and share your information.
Changes to these Terms or the App. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the App. If you continue to use the App after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the App anymore. Because our App is evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.
Who May Use the App?: You may use the App only if you are 18 years or older and capable of forming a binding contract with Rwazi, and not otherwise barred from using the App under applicable law.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the App (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Rewards.
Paid Logs. You may receive Rewards where you successfully complete a Log eligible for Rewards via the App (“Paid Logs”). Upon completion of a Paid Log, Rwazi will determine, in its sole discretion, whether you have accurately and appropriately fulfilled such Paid Log. If Rwazi determines that you have not successfully or accurately completed a Paid Log, you will be notified via the App and have the opportunity to re-perform the Paid Log subject to Rwazi’s ongoing review.
Redeeming Reward. Your Rewards will be reflected in the App as an amount available to you. In some cases, Rwazi may require you to receive a minimum Reward amount in order to be eligible for a Reward payout, which will be communicated to you via the App. Rwazi uses third-party payment processors (e.g., PayPal within the United States, Flutterwave within Africa, and others) (each, a “Third-Party Payment Processor”) to make Reward payouts. Your ability to redeem Rewards will be subject to such Third-Party Payment Processor terms, privacy policies, and other conditions of use. Upon Rwazi’s determination that you have successfully completed a Paid Log and subject to any other obligations of the Third-Party Payment Processor, you may use such Third-Party Payment Processor to redeem Rewards directly to your account with the Third-Party Payment Processor, or otherwise deposited to the account associated with your Payment Information (as defined below). Rewards do not have a 1:1 cash value. Rewards payouts will be denominated in currency based on your location and our Third-Party Payment Processor’s payout availability.
Expiration of Rewards. Rewards are promotional giveaways. Rwazi reserves the right to discontinue, reduce or modify Rewards at any time, and WITH LIMITED OR NO ADVANCED NOTICE. Any significant changes to Rewards that affect everyone will be reflected in these Terms. Any significant changes to Rewards will be prospective and you will have an opportunity to redeem any previously earned Rewards prior to the effective date of the changes to Rewards availability.
Payment Information. We may ask you to supply information relevant to the account in which Rewards should be deposited for completing Paid Logs, such as your bank or payment account information for a supported bank or payment services provider on the App, and your email and postal addresses (“Payment Information”). By providing Payment Information, you expressly authorize us (or our Third-Party Payment Processor) to deposit Rewards into the account associated with such Payment Information. You represent and warrant that you have the legal right to use and provide such Payment Information, and you authorize us to provide your Payment Information to third parties so we can complete each Reward deposit transaction. You may need to provide additional information to verify your identity before we can complete any Reward deposit (such information is included within the definition of Payment Information).
Exchange Rates. Rwazi’s Third-Party Payment Processor will provide Reward payout services to you at the foreign exchange rate of their choosing. Foreign exchange rate is solely determined by the Third-Party Payment Processor at any given time, which is typically based on the prevailing market rates and may include a markup for their services. We do not charge a markup or otherwise collect fees as part of the foreign exchange rate. The foreign exchange rate may differ depending on the Third-Party Payment Processor you use. The foreign exchange rate available at one time is not guaranteed and you will need to contact the Third-Party Payment Processor for any questions related to the foreign exchange rate.
Suspending, Abandoning, or Terminating Your Account and Rewards. YOU WILL NOT BE ELIGIBLE TO COMPLETE ANY MORE PAID LOGS OR EARN ANY MORE REWARDS IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON. IF YOUR ACCOUNT IS CLOSED FOR ANY REASON (FOR INSTANCE DUE TO TERMINATION OR PROLONGED NONUSE), ANY REWARDS THAT YOU HAVE EARNED FROM SUCCESSFULLY COMPLETING PAID LOGS AND WHICH ARE REFLECTED IN YOUR ACCOUNT VIA THE APP WILL BE AUTOMATICALLY TRANSFERRED INTO THE ACCOUNT ASSOCIATED WITH YOUR PAYMENT INFORMATION. SUBJECT TO APPLICABLE LAW, IF THE PAYMENT INFORMATION IS NO LONGER ACTIVE, WE MAY DISPOSE OF ANY REMAINING REWARDS IN ANY MANNER. PLEASE NOTIFY US IMMEDIATELY IF YOUR PAYMENT INFORMATION IS NO LONGER ACTIVE AS FAILURE TO DO SO MAY RESULT IN A LOSS OF YOUR REWARDS AND/OR AN INABILITY FOR YOU TO RECEIVE YOUR REWARDS.
Your Content.
Posting Content. Our App allows you to store, share, transmit, and submit content such as text, files, documents, graphics, images, music, software, audio and video, (collectively, but excluding Feedback, “User Content”). User Content includes, without limitation, photographs, video, audio, and related text and information submitted in order to fulfill a Log (including a Paid Log) (“Log Fulfillment Content”); and your prompts and inputs to Ela. Rwazi does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. For clarity, Log Fulfillment Content is a subset of User Content that consists of the data and content you provide to the App in completing a Log, such as videos, photographs, and audio you record in completing a Log.
Permissions to Your User Content. By making any User Content available through the App you hereby grant to Rwazi a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense through multiple tiers, to (i) use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, and improving the App and Rwazi’s other products and services; (ii) transmit and upload User Content to and in connection with Rwazi’s other products and services (including without limitation Rwazi’s online technology platforms such as its Brand Intelligence, Lumora, and Retail Mapping platforms) for analytics, insights, derivative works, and other business purposes; (iii) with regard to Log Fulfillment Content, share and disclose such Log Fulfillment Content, and/or derivative works, analytics, and insights thereof, with Rwazi’s customers and clients for Rwazi’s and its customers’ and clients’ business purposes; and (iv) train computational algorithms, machine learning models, and neural networks, and create outputs and datasets, and other machine learning purposes.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that (i) you have (and will have) all necessary rights, permissions, consents, and authority to record, transmit, store, and provide User Content (including Log Fulfillment Data) to the App and to otherwise make it available to Rwazi; (ii) you have (and will have) all rights, permissions, consents, and authority necessary to grant us the license rights in your User Content under these Terms; (iii) neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by Rwazi on or through the App, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove certain of your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as Log Fulfillment Content) may not be completely removed and copies of your User Content may continue to exist on the App. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rwazi’s Intellectual Property. We may make available through the App content that is subject to intellectual property rights. We retain all rights to that content.
Rights and Terms for Apps.
App License. If you comply with these Terms, Rwazi grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
Additional Information: Apple App Store. This Section 9(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
General Prohibitions and Rwazi’s Enforcement Rights. You agree not to do any of the following:
Post, upload, publish, submit, or transmit any Log Fulfillment Content that contains any (i) Protected Health Information (PHI) (as defined by the Health Insurance Portability and Accountability Act of 1996), (ii) Personal Data (as defined by the General Data Protection Regulation), Personally Identifiable Information (as defined by the California Consumer Privacy Act and California Privacy Rights Act), (iii) cardholder data as defined in the Payment Cards Industry Data Security Standard (PCI DSS); (iv) technology restricted for export under International Traffic in Arms Regulations (ITAR), including information of the types catalogued on the U.S. Munitions List; or (v) any other individually identifiable information (governed by applicable privacy law) (for example, you will not photograph or record video of any medical prescription information (e.g., medicine bottles with prescription information), identification information (e.g., driver’s licenses or otherwise), credit cards, debit cards, bank, or payment information, nametags or nameplates, or otherwise);
Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the App or any individual element within the App, Rwazi’s name, any Rwazi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rwazi’s express written consent;
Access, tamper with, or use non-public areas of the App, Rwazi’s computer systems, or the technical delivery systems of Rwazi’s providers;
Attempt to probe, scan or test the vulnerability of any Rwazi system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rwazi or any of Rwazi’s providers or any other third party (including another user) to protect the App;
Attempt to access or search the App or download content from the App using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Rwazi or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Rwazi trademark, logo URL or product name without Rwazi’s express written consent;
Use the App, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
Collect or store any personally identifiable information from the App from other users of the App without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Rwazi is not obligated to monitor access to or use of the App or to review or edit any content. However, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources. The App may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the App, including suspending access to or terminating your account, at our sole discretion, at any time with notice to you. You may cancel your account at any time by sending us an email at support@rwazi.com. Upon any termination, discontinuation or cancellation of the App or your account, the following Sections will survive: 6, 7(f), 8(b), 8(c), 8(e), 10, 11, 13, 14, 15, 16, 17, and 18.
Warranty Disclaimers.
General. THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the App.
AI/ML Disclaimer. DUE TO THE NATURE OF MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE, ANY OUTPUT MAY NOT BE UNIQUE AND THE APP MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE APP MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE USER CONTENT INPUTTED INTO THE APP AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, RWAZI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR OR IN CONNECTION WITH ANY USER CONTENT OR OUTPUT, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, OUTPUT, OR THEIR USE. YOU WILL EVALUATE THE CONTENT, NATURE, TONE, AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR THE APPLICABLE USE-CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. FOR PURPOSES OF THESE TERMS, “OUTPUT” MEANS ANY DATA, CONTENT, INFORMATION, RESPONSES, SUGGESTIONS, OR OTHER OUTPUT GENERATED BY THE APP IN CONNECTION WITH YOUR USE THEREOF (E.G., RESPONSES GENERATED BY YOUR USE OF ELA).
Indemnity. You will indemnify and hold Rwazi and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the App, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RWAZI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE APP OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RWAZI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RWAZI’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO RWAZI FOR USE OF THE APP, PROVIDED THAT IN NO EVENT WILL RWAZI’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RWAZI AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and Rwazi are not required to arbitrate will be the state and federal courts located in New Castle County, Delaware, and you and Rwazi each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
The following sections 17(a) – (g) apply to Rwazi users who reside in the United States. Disputes between Rwazi and users who reside outside the United States must be brought in the state and federal courts located in New Castle County, Delaware as provided in Section 16.Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating the breach, termination, enforcement, interpretation or validity of these Terms between Rwazi and a registered user or the use of the App by a registered user (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Rwazi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Rwazi 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.
Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The Demand for Arbitration must include the email address and/or phone number associated with your Rwazi account. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND RWAZI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. Rwazi and its licensors exclusively own all right, title and interest in and to the App, including all associated intellectual property rights. You acknowledge that the App is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Rwazi and you regarding the App, and these Terms supersede and replace all prior oral or written understandings or agreements between Rwazi and you regarding the App. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Rwazi’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Rwazi may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Rwazi under these Terms will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Rwazi’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rwazi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the App, please contact Rwazi at support@rwazi.com.
