Terms & Conditions
Last updated April 1, 2025
AGREEMENT TO OUR LEGAL TERMS
We are DigitalKwarts Oร ("Company," "we," "us," "our"), a company registered in Estonia at Vesivรคrava tn 50 - 301, Tallinn, Tallinn 10152. Our VAT number is EE101955643.
We operate the website https://myspicyvanilla.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
In operating the Site and providing the Services, My Spicy Vanilla utilizes sophisticated artificial intelligence technology to interpret and process user input. This technology is used across a variety of features, tailored to enhance your personal and entertainment needs:
- AI Story Generator: This feature allows you to craft engaging stories, offering options for both standard narratives and NSFW (Not Safe for Work) content to suit different preferences.
- AI Roleplay Generator: Designed for creating custom roleplay scenarios, this generator specializes in erotic themes, providing unique and personalized experiences for adult users.
- AI Date Night Planner: By analyzing details such as category, location, budget, and personal preferences, this service creates customized plans for your date nights.
- AI Gift Finder: This tool assists in finding the perfect gift by analyzing criteria including the occasion, relationship, recipient's interests, and your budget.
- AI Date Idea Finder: Discover creative and personalized date ideas based on your specific interests and location preferences.
You can contact us by email at [email protected] or by mail to Vesivรคrava tn 50 - 301, Tallinn, Tallinn 10152, Estonia.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and DigitalKwarts Oร, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
9. USER GENERATED CONTRIBUTIONS
11. THIRD-PARTY WEBSITES AND CONTENT
17. MODIFICATIONS AND INTERRUPTIONS
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS". Free-tier users may only use our Content and Marks for personal, non-commercial purposes. However, premium users (those with a day pass or monthly, quarterly, or annual subscription) are permitted limited commercial use of the Content and Marks as described in these terms.
My Spicy Vanilla uses proprietary AI tools hosted on dedicated servers licensed from third-party AI model developers. These tools generate content based on user input. We may update or refine the models used to ensure better personalization, safety, and reliability. We reserve the right to modify, improve, or discontinue any part of the AI generation service at any time.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant free-tier users a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which they have properly gained access solely for personal, non-commercial use.
Premium users with a day pass or monthly, quarterly, or annual subscription are granted a limited, non-exclusive, worldwide license to use the AI-generated content they create (e.g., stories, roleplays, date ideas) for commercial purposes. This includes publishing, monetizing, or sharing their generated stories, provided the content does not violate these Terms or applicable laws. Reselling or redistributing the generated content as a standalone AI service is not permitted.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any unauthorized commercial purpose without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Premium users who contribute content are also entitled to use their own Contributions commercially under the granted license, provided they respect these terms and the rights of others.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
Generated content and moderation: By using our AI tools to generate content, you retain full ownership of your output. You also grant us a non-exclusive, royalty-free license to use that generated contentโanonymously and only for internal purposesโto improve our AI moderation systems, refine the service, and enhance model performance. Some of this may involve human review of flagged generations or feedback you submit. Your data is not used to train the AI models directly and is never shared with third parties.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third partyโs intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. This includes content that depicts minors in sexual situations, incest, non-consensual acts, slavery, bestiality, necrophilia, depictions of celebrities or copyrighted characters, discriminatory or hateful content, or any unlawful or harmful material. All content is automatically moderated using AI tools, and we may also apply manual moderation in specific cases, especially when content is flagged. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not aminor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script orotherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products offered through My Spicy Vanilla are subject to availability. We reserve the right to modify or discontinue any product, feature, or pricing at any time without prior notice. This includes digital products such as premium subscriptions, day passes, audio credits, and gift card redemptions.
Prices for our products may change without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the products or Services.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- JCB
- Diners Club
When you make a purchase through our Services, you agree to provide current, complete, and accurate billing and account information. You also agree to promptly update your account details, including email address, payment method, and card expiration date, to ensure we can process your transactions and contact you as needed.
All payments must be made in U.S. dollars. Sales tax may be added to the final purchase price as required by applicable law.
You agree to pay all charges at the prices in effect at the time of purchase, including any applicable taxes or fees. By submitting your payment information, you authorize us to charge your selected payment method for the total amount of your order.
If your order is part of a recurring subscription (such as a monthly, quarterly, or annual plan), you authorize us to charge your payment method on a recurring basis until you cancel. You can manage or cancel your subscription anytime from your account dashboard.
We reserve the right to correct any pricing errors, even after a payment has been submitted. We may also decline or cancel orders at our sole discretion. This includes limiting or canceling orders that appear to be placed by resellers, distributors, or fraudulent accounts. Limits may apply per user, household, payment method, or billing address.
Fair Use and Service Limits
Your use of the Service is subject to our Fair Use Policy, which sets reasonable daily usage limits on AI story and image generation in order to ensure consistent service quality for all users.
7. REFUNDS POLICY
We want you to have a great experience with My Spicy Vanilla. If youโve purchased a monthly subscription and have made fewer than three generations, you're eligible for a full refundโno questions asked. Just contact us within 30 days of your purchase, and weโll process it promptly.
Digital Content and EU Right of Withdrawal
By starting to use our AI generation tools immediately after purchase, you expressly consent to the immediate provision of digital content and waive your right of withdrawal under EU consumer protection law. This does not affect your eligibility for a refund under our internal refund policy, as described above.
Refunds are not available for:
- Subscription renewals
- Day passes
- Audio credits
- Access extensions
- Annual or quarterly subscriptions purchased at a discount
If your case qualifies for a refund, please contact our support team and include your account details so we can assist you. We aim to make this process as fast and fair as possible.
You can reach us at [email protected].
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those expressly permitted by us. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by My Spicy Vanilla.
As a user of the Services, you agree not to engage in any of the following prohibited activities:
General Misuse and Exploitation
- Use the Services in violation of any applicable law, regulation, or court order.
- Attempt to interfere with or disrupt the normal functioning of the Services, including the servers or networks connected to them.
- Circumvent, disable, or tamper with security-related features or technical restrictions of the Services.
- Access or use the Services to compete with My Spicy Vanilla, including creating a similar or competing product using our outputs or interface.
- Use the Services to advertise, promote, or sell products or services without our explicit written consent.
- Sell or transfer your account or profile to another party.
Content Violations
- Use the Services to generate or distribute content that contains or promotes any of the following:
- Sexual content involving characters who are minors (under 18 years old), incest, or non-consensual acts.
- Rape, sexual slavery, or content that implies coercion, abuse, or lack of consent.
- Bestiality, necrophilia, coprophilia, or other non-humanoid or dehumanizing content.
- Hate speech, discrimination, or violence against individuals or groups based on race, gender, sexuality, religion, or other protected attributes.
- Self-harm, suicide, or content that encourages dangerous or illegal activity.
- Celebrity likenesses, copyrighted characters, or trademarked material without explicit authorization.
- Private or confidential information about other individuals, including names, likenesses, or identifying details.
- Use the Services in any way that violates our Acceptable Use Policy or community guidelines.
Reporting Violations
If you encounter content that violates our rules or may be illegal, please notify us by following the procedures outlined in our Complaints Policy.
Technical Abuse
- Use automated tools (bots, scrapers, crawlers, offline readers) to access, collect, or interact with the Services without permission.
- Upload or attempt to upload viruses, malicious code, or any disruptive scripts (including repetitive spam text, excessive formatting, or harmful software).
- Reverse engineer, decompile, or disassemble any part of the Services or underlying code, except as expressly permitted by law.
- Systematically retrieve or scrape data from the Services to create a database, compilation, or derivative service without our written consent.
Deceptive or Abusive Behavior
- Impersonate any other user, person, or entity, or misrepresent your identity or affiliation in any way.
- Attempt to obtain sensitive account information (such as login credentials) through deception, phishing, or social engineering.
- Use our support services improperly, including submitting false reports or harassing staff members.
- Harass, threaten, or intimidate My Spicy Vanilla employees, partners, or other users of the platform.
Unauthorized Data Collection
- Use the Services to collect or harvest email addresses, usernames, or other user information for spam or unsolicited messaging.
- Attempt to upload spyware, web bugs, cookies, or similar tracking mechanisms not authorized by us.
Any violation of these Prohibited Activities may result in the immediate suspension or termination of your account, reporting to authorities, and legal action where applicable.
9. USER GENERATED CONTRIBUTIONS
The Services may allow you to create, submit, post, display, transmit, perform, publish, or distribute content and materials to us or on the platform, including but not limited to text, writings, audio, photos, graphics, suggestions, or other materials (โContributionsโ). Contributions may be visible to other users or accessible through third-party platforms, depending on the context in which they are submitted.
You acknowledge that any Contributions you share may be treated as non-confidential and non-proprietary. By submitting a Contribution, you represent and warrant that:
- You own or have the necessary licenses, rights, and permissions to submit the Contribution and to grant us the rights set out in these Terms.
- Your Contribution does not infringe any third-party intellectual property rights, including copyright, trademark, patent, trade secret, or moral rights.
- You have obtained all necessary written consents and releases from any identifiable individuals appearing in your Contribution, if applicable.
- Your Contribution does not contain false, misleading, or deceptive information.
- Your Contribution is not spam, unauthorized advertising, or solicitation.
- Your Contribution is not obscene, offensive, violent, defamatory, harassing, or otherwise objectionable.
- Your Contribution does not promote hate, abuse, discrimination, or violence toward any person or group.
- Your Contribution does not violate any applicable law, regulation, or rule, including those protecting minors or prohibiting the distribution of harmful content.
- Your Contribution does not invade anyoneโs privacy or violate their publicity rights.
- Your Contribution does not link to or reference material that violates these Terms or applicable laws.
Content Moderation and Pre-Screening
- Automated Moderation: All user input and AI-generated output are reviewed using automated moderation tools to detect content that may violate our Acceptable Use Policy or legal obligations.
- Manual Review: In some cases, flagged content may be reviewed manually by our moderation team to ensure compliance with platform rules, safety standards, and applicable laws. This may include review of user-submitted feedback.
Any violation of these Terms may result in the suspension or termination of your account, removal of the offending content, and potential reporting to relevant authorities where required.
10. CONTRIBUTION LICENSE
By submitting a Contribution to any part of the Services, you grant My Spicy Vanilla a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to host, use, reproduce, modify, adapt, translate, publish, broadcast, display, store, and distribute your Contribution, in whole or in part, for the purpose of operating, improving, marketing, or promoting the Services. This includes the right to prepare derivative works or incorporate Contributions into other works and distribute them in any format or media now known or developed in the future.
This license includes our right to use your name, likeness, trademarks, or branding as associated with your Contribution, where applicable. You waive any moral rights you may have in the Contribution and warrant that no such rights have been asserted by third parties.
You retain full ownership of your Contributions. Submitting content does not transfer ownership to us. However, you are solely responsible for the content you submit, and you agree not to hold us liable for any statements or materials included in your Contributions.
We reserve the rightโbut not the obligationโto:
- Edit, format, or otherwise modify any Contribution at our discretion;
- Re-categorize Contributions to improve content organization;
- Remove or delete Contributions that violate these Terms or are harmful to users or the platform.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to external websites ("Third-Party Websites") or display content provided by third parties, including but not limited to articles, images, videos, software, or other media ("Third-Party Content"). These are provided for your convenience only.
We do not own, control, or endorse any Third-Party Websites or Third-Party Content. They are not reviewed, monitored, or verified by us for accuracy, completeness, or compliance. We make no warranties or representations about any Third-Party Website or Third-Party Content accessed through our Services, and we are not responsible for their content, privacy practices, data handling, or terms of use.
Your decision to interact with any Third-Party Website or Third-Party Content is entirely at your own risk. Once you leave our Services, these Legal Terms no longer apply, and you should review the applicable terms and privacy policies of any third-party website or application you visit or use.
Any purchases or transactions made through Third-Party Websites are strictly between you and the third party. My Spicy Vanilla has no responsibility or liability in connection with such transactions and does not endorse the products or services offered by third parties.
You agree to hold us harmless from any loss, damage, or harm resulting from your access to or reliance on any Third-Party Content or your interactions with any Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://myspicyvanilla.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content available on or through the Services infringes upon a copyright you own or control, you may submit a formal notification (a "Notification") by contacting us at the email address provided below.
To be effective, your Notification must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by the Notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Services (e.g., direct link or description).
- Your contact information, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate and, under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Upon receiving a valid Notification, we will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material. A copy of your Notification may also be provided to the user responsible for the content.
Please note: Under applicable law, you may be held liable for damages (including legal costs and fees) if you knowingly misrepresent that content or activity is infringing your copyright. If you are unsure whether the material you are reporting is infringing, we recommend consulting a legal advisor before filing a Notification.
You may send your Notification to: [email protected]
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Estonia, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. DigitalKwarts Oร and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Tallinn, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Estonia, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tallinn, Estonia. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Estonia.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand, includingreasonable attorneysโ fees and expenses, made by any third party due to orarising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintaincertain data that you transmit to the Services for the purpose of managing theperformance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. 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 BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
DigitalKwarts Oร
Vesivรคrava tn 50 - 301
Tallinn, Tallinn 10152
Estonia