Terms of Service

Terms of Service

This Terms of Service agreement (the “Terms”) governs your use of the Valuesmatch AB (“Relate”) service available through our website located at www.relate-app.com (the “Website”), and mobile software application known as “Relate” (the “App”) (collectively, the functionality provided by the Website and App referred to as the “Service”).

Please read these Terms carefully. By accessing, browsing or using the website or service, completing the registration process, and/or downloading the app, you represent (1) that you have attained the legal age that is statutorily required under the laws of the country in which you reside to form a binding contract with Valuesmatch, (2) you have the authority to enter into the Terms of Use personally or on behalf of the company you represent; and (3) that you consent to your personal data being collected, stored, processed or transferred in the manner provided for in these terms and as per the Privacy Policy. If you do not agree to be bound by these Terms, you may not access or use the website, app or services.

Please note these Terms include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes.

These Terms of Service was last revised February 20, 2019.

1. ACCOUNTS
2. LICENSE & OWNERSHIP
3. USE & RESTRICTIONS
4. POSTING GUIDELINES
5. INTERACTIONS WITH OTHER USERS
6. TERRITORIAL LIMITATIONS
7. DISCLAIMERS
8. LIMITATIONS OF LIABILITY
9. CHANGES TO THESE TERMS
10. TERMINATION
11. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY
12. GOVERNING LAW
13. APPLICATION STORE ADDITIONAL TERMS & CONDITIONS
14. EXPORT CONTROL
15. NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE
16. MISCELLANEOUS
17. QUESTIONS, COMPLAINTS, CLAIMS

1. ACCOUNTS

Registration. In order to access certain features of the Services, you may be required register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”), as part of the functionality of the Services, you may link your Account with SNS account (“SNS Account”), by allowing Relate to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Relate and/or grant Relate access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Relate to pay any fees or making Relate subject to any usage limitations imposed by such third-party service providers. By granting Relate access to any SNS Accounts, you understand that Relate may access, make available, and store (if applicable) any information, data, or content stored in your SNS Account that you make available to the Relate service. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Services. Please note that your relationship with the third-party service providers associated with your SNS Accounts is governed solely by your agreement(s) with such third-party service providers, and Relate disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. Relate makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Relate is not responsible for any SNS Content.

Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Photo uploads are part of the registration data, where you agree to submit a profile photo of yourself where your face can be seen clearly. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Relate immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Relate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Relate 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). Relate reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Relate, or if you have been previously banned from any Relate Properties (as defined below).

2. LICENSE & OWNERSHIP

License. Relate grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App’s Stores “Usage Rules”) (the “Usage Rules”) when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by Relate as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, and/or enhancements of the App or for the Service.

Ownership. Unless otherwise noted, the Website, App and Service (collectively, the “Relate Properties”) and all text, content, and documents on the Relate Properties, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein used to operate Relate Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on Relate Properties (collectively, the “Content”) are owned by Relate (or its affiliates) or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between Relate and you, all right, title, and interest in and to the Content will at all times remain with Relate and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Service, are registered and/or common law trade names, trademarks, or service marks of Relate or the applicable Owner.

License to Your Content. Relate does not claim ownership of any content, images, videos, text, or other materials you upload to the Service (“Your Content”). You grant Relate a non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, Your Content (in whole or in part) for any commercial and/or business purpose whatsoever, including for the purpose of operating and providing Relate Properties to you and to our other end-users. For the purposes of clarity, you may use Your Content solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Relate, are responsible for all of Your Content that you make available on or in Relate Properties.

Your Profile. Your Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Relate through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Relate 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 Relate 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 Relate Properties.

3. USE & RESTRICTIONS

You are permitted to use Relate Properties and/or the Content and/or for lawful purposes as provided in these Terms only. You will not, without Relate’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which Relate Properties are being provided to you; (ii) use Relate Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of Relate Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Relate Properties; (iv) attempt to gain access to secured portions of Relate Properties to which you do not possess access rights; (v) use Relate Properties to generate unsolicited email advertisements or spam; (vi) use Relate Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic, or manual process to access, search, or harvest information from Relate Properties (including without limitation robots, spiders or scripts); (viii) interfere in any way with the proper functioning of Relate Properties, or interfere with or disrupt any servers or networks connected to Relate Properties, or disobey any requirements, procedures, policies or regulations of networks connected to Relate Properties; (ix) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on Relate Properties or the Content contained on any such web page for commercial use without our prior express written permission; (x) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xi) mirror or frame Relate Properties or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (xii) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xiii) create derivative works from the Content or commercially exploit any part of the Content in any way; (xiv) use any portion of a Relate Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xv) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

Relate reserves all other rights not expressly granted herein. Except as expressly provided herein, nothing on Relate Properties will be construed as conferring any license under Relate’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Relate may revoke any of the foregoing rights and/or your access to Relate Properties, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

4. POSTING GUIDELINES

The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real time (together with Relate relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply:

Relate will have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content. Relate is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Relate reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the Relate Properties. You are expressly prohibited from submitting any of the following types of content in any Community Forum:

Any content that is harmful (including harmful to minors), unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially or ethnically offensive, suggestive, harassing, threatening, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use;

Any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Unsolicited promotions, political campaigning, advertising or solicitations; personal or personally identifiable information of any third party; viruses, spyware, trojans, corrupted data or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Relate or any Owners or other users to any harm or liability of any type.

5. INTERACTIONS WITH OTHER USERS

User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Relate reserves the right, but has no obligation, to intercede in such disputes. You agree that Relate will not be responsible for any liability incurred as a result of such interactions. You understand that Relate does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. Relate makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. Relate reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.

Content Provided by Other Users. The Relate Properties may contain content provided by other users (“User Content”). We make an effort to moderate profile content, but Relate is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal of Prohibited Content which has been reported to us. As part of that policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one or our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at hello@relate-app.com.

6. TERRITORIAL LIMITATIONS

By using the Service, you agree and acknowledge that it is hosted in Sweden. If you are attempting to access the Service from a physical location outside the European Union, or any region with laws or regulations governing personal data collection, use, and disclosure that differ from Swedish laws, please be advised that through your continued use of this Website, which is governed by Swedish law, these Terms, and Relate Privacy Policy, you are transferring your personal information to Sweden and you consent to (1) such transfer, (2) the application of the laws of Sweden with respect to any dispute arising from or related to the Privacy Policy and/or your use of Relate Properties, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than Sweden, and (c) the exclusive jurisdiction of the courts of Sweden. Any claim or dispute between you and Relate that arises in whole or in part from your use of the Website or in connection with the Privacy Policy will be decided exclusively by a court of competent jurisdiction located in Sweden. Each party hereby agrees that such court will have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

7. DISCLAIMERS

The Relate Properties and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind with respect to the Relate Properties and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Relate hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Relate, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. additionally, Relate does not make any warranties that the service will be uninterrupted, secure or error free or that your use of the service will meet your expectations, or that the Relate Properties, content, or any portion thereof, is correct, accurate, or reliable. Relate reserves the right to change any part of the Relate Properties at any time without notice.

8. LIMITATIONS OF LIABILITY

Your use of the Relate Properties is at your own risk. Neither Relate, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Relate properties or arising out of any action taken in response to or as a result of any content or other information available on the Relate properties, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Relate was advised of the possibility of such damages. If you become dissatisfied in any way with the Relate properties, these terms, or its privacy policy, your sole and exclusive remedy is to stop your use of the Relate properties. You hereby waive any and all claims against Relate and its affiliates, agents, representatives, and licensors arising out of your use of the Relate properties. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Relate and its affiliates will not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk.

9. CHANGES TO THESE TERMS

Please note that the Terms are subject to change by Relate in its sole discretion at any time. When changes are made, Relate will make a new copy of the Terms available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using Relate Properties. Otherwise, your continued use of Relate Properties constitutes your acceptance of such change(s).

10. TERMINATION

Relate may cancel, suspend or block your use of Relate Properties without notice if there has been a violation (or suspected possible violation) of these Terms, as determined by Relate in its sole discretion. Your right to use Relate Properties will end once your registration is terminated, and any data you have stored on the Service may be unavailable later, unless Relate is required to retain it by law. You may terminate your registration at any time. Relate is not responsible or liable for any records or information made unavailable to you as a result of your termination of registration. You agree that Relate will not be liable to you or any other party for any termination of your access to the website, app, or service. Any limitations on liability that favor Relate will survive the expiration or termination of these Terms for any reason.

11. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:

Please read this Arbitration Agreement carefully. It is part of your contract with Relate and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Relate that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Relate, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Relate should be sent to: hello@relate-app.com. After the Notice is received, you and Relate may attempt to resolve the claim or dispute informally. If you and Relate do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Institute”). If SCC Institute is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 km of your residence, unless you reside outside of Sweden, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

Time Limits. If you or Relate pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the SCC Institute Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Relate, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the SCC Institute Rules, and the Terms. 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 arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Relate.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Relate in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Relate waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. 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 at Valuesmatch AB, Norrsken House, Birger Jarlsgatan 57 C, 113 56 Stockholm, Sweden, or email address at hello@relate-app.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your 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 into in the future, with us.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Relate.

Small Claims Court. Notwithstanding the foregoing, either you or Relate may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.

Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Sweden, for such purpose.

12. GOVERNING LAW

The Terms and any action related thereto will be governed and interpreted by and under the laws of Sweden, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

13. APPLICATION STORE ADDITIONAL TERMS & CONDITIONS

The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from an App Store.

Acknowledgement. Relate and you acknowledge that this Agreement is concluded between Relate and you only, and not with the App Store, and Relate, not the App Store, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.

Scope of License. The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.

Maintenance and Support. Relate is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Relate and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.

Warranty. Relate is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Relate’s sole responsibility.

Product Claims. Relate and you acknowledge that the App Store is not responsible for addressing any claims made by you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Relate’s liability to you beyond what is permitted by applicable law.

Intellectual Property Rights. Relate and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Relate, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a Swedish Government embargo, or that has been designated by the Swedish Government as a “terrorist supporting” country; and (ii) you are not listed on any Swedish Government list of prohibited or restricted parties.

Developer Name and Address. Relate’s contact information for any end-user questions, complaints, or claims with respect to App is set forth below.

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App.

Third Party Beneficiary. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

14. EXPORT CONTROL

You may not use, export, import, or transfer the Relate Properties except as authorized by Swedish law, the laws of the jurisdiction in which you obtained the Relate Properties, and any other applicable laws. By using the Relate Properties, you represent and warrant that (i) you are not located in a country that is subject to a Swedish Government embargo, or that has been designated by the Swedish Government as a “terrorist supporting” country and (ii) you are not listed on any Swedish Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Relate are subject to the export control laws and regulations of Sweden. You shall comply with these laws and regulations and shall not, without prior Swedish government authorization, export, re-export, or transfer Relate’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15. NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE

The communications between you and Relate use electronic means, whether you visit Relate Properties or send Relate e-mails, or whether Relate posts notices on Relate Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Relate in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Relate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

16. MISCELLANEOUS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Relate without restriction. Relate’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

17. QUESTIONS, COMPLAINTS, CLAIMS

If you have any questions, complaints or claims with respect to Relate Properties, please contact us at: hello@relate-app.com and we will endeavor to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

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