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Terms of Use

Last updated: October 9, 2023

Welcome and thank you for your interest in This and That (“Company”, “we”, “us” or “our”). This Terms of Use Agreement (“Terms of Use”, and together with any applicable Supplemental Terms (as defined in Section 1.4 (Supplemental Terms)), the “Agreement”) describes the terms and conditions that apply to your use of (i) the website located at www.thisandthat.chat and its subdomains (collectively, the “Website”), (ii) the mobile application(s) that we offer subject to these Terms of Use (each, an “Application”), and (iii) the products, services, content, and other resources available on or enabled via our Website or any Application (collectively, with our Applications and Website, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY, IF ANY APPLY, UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICE TERM IN ACCORDANCE WITH SECTION 6.2(a) (AUTOMATIC RENEWAL) BELOW.

SECTION 11 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY. AMONG OTHER THINGS, SECTION 11 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 11) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 11.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Some specific notes to our UK Users –

  • If you are ordinarily resident in the United Kingdom (“UK”), please note that this Agreement applies to you in a slightly amended form. For example, neither the bold capitalized text immediately above, nor the provisions of Section 11 (Arbitration Agreement) apply to you – instead, you should look at Section 13.4(c) for details regarding the courts where you can bring claims to resolve disputes between you and us in relation to this Agreement.
  • For more detail on the amendments to this Agreement that are applicable to you where you are ordinarily resident in the UK, you should take a look at Section 13 (UK-specific Terms).

THE AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 12.6 (AGREEMENT UPDATES).

1. USE OF THE SERVICE

The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Your right to access and use the Service, in whole or in part, is subject to this Agreement.

1.1 Description of the Service

Our Service is designed to help you improve your “social fitness,” including the quality of your conversations and conversation partners. It includes an Application through which users can implement a timer to keep track of how long users and others each speak during a conversation and to help enforce turn taking.

1.2 Application License

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on Devices (as defined below) that you own or control and to run such copies of the Application solely for your own personal or informational purposes.

1.3 Medical Disclaimer

THE CONTENT AND MATERIALS PROVIDED ON THE WEBSITE AND/OR APPLICATIONS ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT INCLUDE THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ANY SUCH INFORMATION OR ANY ADVICE OR OTHER MATERIALS PROVIDED THROUGH THE WEBSITE SHOULD NOT BE CONSIDERED PROFESSIONAL OR MEDICAL ADVICE. PLEASE CONSULT YOUR HEALTH CARE PROFESSIONALS FOR ADVICE REGARDING YOUR SPECIFIC MEDICAL CONDITIONS AND TO ANSWER YOUR QUESTIONS REGARDING YOUR HEALTH AND MEDICAL TREATMENT.

1.4 Supplemental Terms

Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.5 Updates

You understand that the Service is evolving. As a result, Company may require you to install updates to the Applications that you have installed on the devices through which you access or use the Service (“Device”). You acknowledge and agree that Company may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.

2. REGISTRATION

2.1 Registering Your Account

In order to access certain features of the Service, you may be required to register an account on the Service (“Account”).

2.2 Registration Data

In registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.3 Your Account

Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Company. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. You may not share your password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Company has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Service if you have been previously removed by Company, or if you have been previously banned from any of the Service.

3. RESPONSIBILITY FOR CONTENT

You acknowledge that any information, data, text, software, graphics, and/or other materials accessible through the Service (collectively, “Content”), is the sole responsibility of the party from whom such Content originated.

4. OWNERSHIP

4.1 The Service

You agree that Company and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Company software). You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Service.

4.2 Trademarks

This and That, this & that, and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of Company and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

4.3 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Company’s business.

5. USER CONDUCT AND CERTAIN RESTRICTIONS

As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to): (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Company’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (vii) impersonate any person or entity, including any employee or representative of Company; (viii) interfere with or attempt to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Service by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; or (ix) take any action that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Company’s prior written consent. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by Company pursuant to this Agreement.

6. THIRD-PARTY SERVICES

6.1 Third-Party Websites, Applications and Ads

The Service may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Company. Company is not responsible for any Third-Party Services. Company provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

6.2 Third-Party Application Access

With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store, you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

6.3 Accessing and Downloading the Application from the Apple App Store

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  • You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
  • You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

7. FEES AND PURCHASE TERMS

Company does not currently charge a fee for the Service. However, it reserves the right to charge such fees in the future. In the event that Company implements charges for the Service the following terms and conditions shall apply. Your continued use of the Service after such implementation shall be deemed as acceptance of the terms in this Section 7.

7.1 Payment

You shall pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Company with your payment information, you agree that Company is authorized to immediately invoice your Account for all Fees due and payable to Company hereunder and that no additional notice or consent is required. You shall immediately notify Company of any change in your payment information to maintain its completeness and accuracy. Company reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Company or our inability to collect payment constitutes your material breach of this Agreement. Except as set forth in this Agreement, all Fees for the Service are non-refundable.

7.2 Subscriptions

If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription”), the Fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and at regular intervals in accordance with your elections at the time of purchase. Company reserves the right to change the timing of our billing on prior notice to you. Company reserves the right to change the Subscription pricing at any time in accordance with Section 12.6 (Agreement Updates). If changes to the Subscription price occur that impact your Subscription, Company will use commercially reasonable efforts to notify you, as set forth in Section 12.6 (Agreement Updates). If you do not agree with such changes, you may cancel your Subscription as set forth in Section 7.2(a)(i) (Cancelling Subscriptions).

7.2.1 Automatic Renewal

If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Company’s then-current price for such Subscription until terminated in accordance with this Agreement. By subscribing, you authorize Company to charge the payment method designated in your Account now, and again at the beginning of any subsequent subscription period. Upon any failure of such automatic payment, Company may terminate or suspend your Subscription and continue to attempt to collect payment.

7.2.1.1 Cancelling Subscriptions

You may cancel your Subscription at any time by adjusting your settings through your Account Settings or by contacting us at support@thisandthat.chat or +1 518-212-7679.

7.2.1.2 Effect of Cancellation

If you cancel your Subscription, your cancellation will take effect at the end of the then-current Subscription period and your Subscription will not be renewed after that Subscription period ends. You will not receive a prorated refund for any unused portion of the Subscription period.

7.2.2 Upgrades and Downgrades

If you upgrade your Subscription level mid-period, Company will charge the incremental difference in price immediately and your new Subscription level will take effect immediately. If you downgrade your Subscription level mid-period, Company will not provide any refund and your downgraded Subscription level will take effect on the first day of your next renewal term. You agree that any downgrade in Subscription level may cause loss of features, content, or capacity of your Account, and that Company does not accept any liability for such loss.

7.3 Taxes

The Fees do not include any applicable sales, use, excise, value-added or similar taxes (“Sales Taxes”). Company will collect Sales Taxes where it determines it is required by applicable law to collect such Sales Taxes. You are responsible for paying all applicable Sales Taxes that have not been collected by Company. You agree to provide Company with evidence that you have paid Sales Taxes to the applicable tax authority upon request. Company may also seek to recover from you any amounts representing unpaid Sales Taxes and any interest and penalties associated with the non-payment of Sales Taxes.

7.4 Withholding Taxes

You agree to pay all Fees free and clear of, and without deduction for, any and all present or future withholding taxes. If you are required to deduct any withholding taxes from any amounts payable to us under this Agreement, then you must pay us the gross amount needed so that we receive the net amount you would have paid if no deduction had been required, and you shall promptly provide us with documentation confirming that the applicable withholding taxes have been remitted to the applicable tax authority.

7.5 Advertising Revenue

Company may display Third-Party Ads in connection with the Service. Company reserves the right to generate revenue from such Third-Party Ads and has no obligation to share such revenue with you.

8. INDEMNIFICATION

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, the Service; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any other users of the Service; or (d) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Service.

9. DISCLAIMER OF WARRANTIES

9.1 As Is

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE.

9.1.1 Specific Disclaimers

COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

9.1.2 User Responsibility for Downloaded Content

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY CONTENT YOU ACCESS OR DOWNLOAD. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

9.1.3 Beta Features

COMPANY MAY OFFER CERTAIN FEATURES OR FUNCTIONALITY AS “BETA” FEATURES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY BETA FEATURES IS VOLUNTARY AND COMPANY IS NOT OBLIGATED TO PROVIDE YOU WITH ANY BETA FEATURES. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION REGARDING BETA FEATURES, AND THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO BETA FEATURES. COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE BETA FEATURES AT ANY TIME IN COMPANY’S SOLE DISCRETION.

9.2 No Liability for Third-Party Conduct

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. COMPANY PARTIES ARE NOT LIABLE FOR THE CONDUCT OR ACTIONS OF ANY THIRD PARTY. THE USE OF THE SERVICE BY YOU AND YOUR INTERACTION WITH OTHER THIRD PARTIES IS ENTIRELY AT YOUR OWN RISK. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE PERFORMANCE OR AVAILABILITY OF GOODS OR SERVICES OFFERED BY THIRD PARTIES.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of Certain Damages

IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

The foregoing limitation of liability shall not apply to liability of a Company Party for (a) death or personal injury caused by a Company Party’s negligence; or for (b) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.

10.2 Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

The foregoing cap on liability shall not apply to liability of a Company Party for (a) death or personal injury caused by a Company Party’s negligence; or for (b) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.

10.3 User Content

Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalization settings.

10.4 Exclusion of Damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10.5 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

11. ARBITRATION AGREEMENT

11.1 Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, disagreements arising out of or relating to your access or use of the Service, these Terms of Use or any aspect of the relationship between you and Company, will be resolved by binding arbitration, rather than in court, except that (1) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

For the purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or are asserted before the effective date of these Terms of Use or any prior version of these Terms of Use.

11.2 Informal Dispute Resolution

There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@thisandthat.chat or regular mail to our offices located at P.O. Box 1034, Millerton NY 12546, USA. The Notice must include: (1) your name, telephone number, mailing address, e-mail address; (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party initiating a Dispute and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

11.3 Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

11.4 Waiver of Class and Other Non-Individualized Relief

YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 11.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator 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 the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 11.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 11.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York, New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section 11.4 does not prevent you or Company from participating in a class-wide settlement of claims.

11.5 Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after the Informal Dispute Resolution Conference concludes, you must send a letter requesting arbitration and describing your claim to our registered agent at: Corporation Service Company, 80 State Street, Albany, NY 12207. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to AAA’s most current version of the Consumer Arbitration Rules available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf; all other claims shall be subject to AAA’s most current version of the Commercial Arbitration Rules, available at https://adr.org/commercial. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay AAA’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from AAA, Company will pay them for you. In addition, Company will reimburse all such AAA’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If a court of competent jurisdiction determines that this Arbitration Agreement is inapplicable or unenforceable as to all or part of any Dispute, then Company, in its sole discretion, may require arbitration for the portion of any Dispute for which arbitration can be compelled. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The party initiating arbitration must include in the written request for arbitration: (a) your name, telephone number, mailing address, email address and account username (if any); (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the arbitration request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the arbitration request. By signing the arbitration request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the arbitration request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. Your right to a hearing will be determined by the AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

11.6 Arbitrator

The arbitrator shall be either a retired judge or an attorney licensed to practice law in the state of New York and shall be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules, with the exception of its multiple party dispute rules (unless and until the Batch Arbitration process is triggered).

11.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, (1) either party may bring an individual action in small claims court; and (2) a court of competent jurisdiction shall have authority to determine disputes relating to: (i) the scope, validity, or enforceability of the Class Action Waiver set forth in Section 11.4; (ii) whether all prerequisites for arbitration have been met by both parties, including whether a party has paid the requisite arbitration fees; and (iii) which version of this Arbitration Agreement applies.

Except as provided in Section 11.9 (Batch Arbitration), the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

11.8 Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company needs to invoke the authority of a competent court of law to compel arbitration, that party shall have the right to seek, and the court shall award, reasonable costs, disbursements, and attorneys’ fees. The prevailing party in any action in a court of competent jurisdiction relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, shall have the right to recover its reasonable costs, disbursements, and attorneys’ fees.

11.9 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are one hundred (100) or more individual Requests for a given Dispute filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests remaining, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are related for purposes of this Section 11.9 if they arise from the same or substantially similar event or factual scenario and raise the same or substantially similar legal issues and seek the same or substantially similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine the applicability of the Batch Arbitration process (“Administrative Arbitration”). In an Administrative Arbitration, as a threshold matter, the Administrative Arbitrator shall have the power to review and determine disputes over the application of the Batch Arbitration process, including disputes as to whether a group of filings qualifies as a Batch, whether particular Requests should be included in a particular Batch, and whether a law firm or organization meets the definition set forth in this paragraph. The Administrative Arbitrator shall also be empowered to establish procedures to facilitate and expedite the resolution of disputes regarding application of the Batch Arbitration process, consistent with all other provisions of this Arbitration Agreement. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the adoption of a revised process and/or amended rules for the Batch Arbitration; and (2) such other process changes or rights waivers as the parties mutually agree to in writing.

11.10 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: P.O. Box 1034, Millerton NY 12546, USA, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

11.11 Invalidity, Expiration

Except as provided in Section 11.4, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation period for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

11.12 Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Company at the following address: P.O. Box 1034, Millerton NY 12546, USA.

12. GENERAL PROVISIONS

12.1 Electronic Communications

The communications between you and Company may use electronic means, whether you visit the Service or send Company emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

12.2 Assignment

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

12.3 Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12.4 Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the Service, please contact us at: support@thisandthat.chat. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

12.5 Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.

12.6 Agreement Updates

Subject to Section 11.12, Company may make changes to this Agreement from time to time. If we make changes, we will post the amended Agreement on the Service and update the date above. You acknowledge and agree that if you use the Service after the date on which the Agreement has changed, Company will treat your use as acceptance of the updated Agreement.

12.7 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

12.8 Governing Law

This Agreement shall be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

12.9 Entire Agreement; Waiver

This Agreement is the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a new posting of this Agreement issued by Company. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

13. UK-Specific Terms

If you are ordinarily resident in the United Kingdom, please note that this Agreement applies to you with the following amendments.

13.1 Amendment to Section 7.2 (Subscriptions)

The text of Section 7.2.1.2 (Effect of Cancellation) is replaced with the following:

If you cancel your Subscription before the end of the then-current Subscription period, Company will provide you with a pro-rated refund of Service Subscription Fee paid for the unused portion of the then-current Subscription period; provided that such cancellation right shall not apply if the applicable Subscription includes a free trial and you cancel during such free trial period.

13.2 Amendment to Section 8 (Indemnification)

Section 8 (Indemnification) does not apply to you.

13.3 Amendment to Section 9 (Disclaimer of Warranties)

The text of Section 9.1 (As Is) and its sub-sections is replaced with the following:

We do not make any promises, representations or warranties (including any implied warranties) regarding the Service (including that the Service will be of a particular quality, will meet your requirements, or will be error-free). However, we do guarantee that:

  • We have the right to enter into this Agreement.
  • We will use reasonable care and skill when providing the Service.
  • The Service will conform to any description or specification we have provided to you.
  • We will comply with applicable laws relating to the Service.

13.4 Amendment to Section 10 (Limitation of Liability)

The text of Sections 10.1 (Disclaimer of Certain Damages) and 10.2 (Cap on Liability) is replaced with the following:

We are responsible to you for loss and damage you suffer, which is a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill where required (for example, when providing the Service).

We are not liable or responsible for any loss or damage that is not a foreseeable result of our breach of the terms of this Agreement and/or our failure to act with reasonable care and skill.

For reference: in relation to any such breach or failure, loss or damage will generally be “foreseeable” if:

  • it is obvious that it would happen as a result of such breach or failure; or
  • at the time this Agreement is entered into, both you and we knew it might happen as a result of such breach or failure.

We are not liable for any loss or damage that is avoidable or that you cause.

We will not be liable or responsible for any loss or damage that is:

  • avoidable – meaning that that loss or damage is something that you could or should have avoided by taking reasonable actions designed to avoid, limit or reduce that loss or damage; and/or
  • caused by you – meaning it happens as a result of your breach of any terms of this Agreement and/or your failure to act with reasonable care and skill where required.

What we do not exclude.

Nothing in this Section 10 (Limitation of Liability) or anywhere else in this Agreement shall limit or exclude our liability to you for:

  • death or personal injury resulting from our negligence;
  • our fraud or fraudulent misrepresentation;
  • our breach of any terms implied by Section 46 (Remedy for Damage to Device or to other Digital Content) of the UK Consumer Rights Act 2015; or
  • any other liability that cannot be excluded or limited by applicable law.

13.4(c) Amendment to Section 10.2 (Termination of Service by Company)

The text of Section 10.2 (Termination of Service by Company) is replaced with the following:

Company reserves the right to terminate this Agreement or your access to the Service upon notice to you:

  • if you breach or violate this Agreement (including if you engage in any prohibited, illegal, or fraudulent use of the Service); or
  • if Company is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful).

Where we terminate this Agreement or your access to the Service because you have breached or violated this Agreement, Company shall not be liable to you or any third party for any such termination.

For users who do not have an active Subscription, you acknowledge that Company reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.

13.5 Amendment to Section 12.3 (Force Majeure)

The text of Section 12.3 (Force Majeure) is replaced with the following:

Events outside our control. If we cannot perform our obligations under this Agreement (including our obligation to provide you with any Service(s)) as a result of circumstances outside our reasonable control:

  • we will contact you as soon as reasonably possible to notify you;
  • we will do what we reasonably can to find a solution to enable us to start performing our obligations again;
  • our obligations under this Agreement will be paused for so long as those circumstances continue; and
  • where those circumstances continue for more than seven (7) days, you can cancel your Subscription (if any) the affected Service(s) for a prorated refund of the Service Subscription Fee paid for the then-current Subscription period – if you want to exercise this cancellation right, please contact Company at support@thisandthat.chat.

13.6 Amendment to Section 12.7 (Exclusive Venue)

The text of Section 12.7 (Exclusive Venue) is replaced with the following:

If a claim or dispute arises out of, or relates to, your use of the Service and/or this Agreement, both you and we agree that such individual claim or dispute shall be resolved in the competent court in the country of the UK in which you are ordinarily resident.

13.7 Amendment to Section 12.8 (Governing Law)

The text of Section 12.8 (Governing Law) is replaced with the following:

This Agreement, its subject matter and its formation, are all governed by English law.

Contact Information

For notices or questions regarding this Agreement, please contact:

P.O. Box 1034 Millerton, NY 12546, USA

support@thisandthat.chat

+1 518-212-7679