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Juice Global Inc – End User License Agreement

  • IMPORTANT NOTICE – PLEASE READ CAREFULLY. By clicking the "accept" or "ok" button, or installing and/or using Juicyway mobile and/or web software applications ("App"), you (also called "User") expressly acknowledge and agree that you are entering into a legal agreement with Juice Global Inc and its subsidiaries (collectively "Juicyway," "we," "us," or "our"), comprising:
    • Juicy Holdings Limited (trading as Juicyway), a company registered in England and Wales under company registration number 04400836, authorized and regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (FCA reference number 567416);
    • Juice Technology Systems Limited, operating in Nigeria as an International Money Transfer Operator (IMTO), authorized and regulated by the Central Bank of Nigeria (CBN) and registered with the Corporate Affairs Commission with registration number: 1843282; and
    • Juice Global Pay Inc, operating in Canada as a duly licensed Money Services Business (MSB), authorized by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).
    You have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement ("Agreement" or "EULA"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
  • IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

    1. Definitions

  • In this Agreement, the following terms have the meanings set forth below:
  • "Account" means your Juicyway account through which you access and use the Services.
  • "App" means Juicyway mobile and/or web software applications.
  • "Content" means Materials, Feedback, and Marks (all as defined below).
  • "Device" means a mobile telephone, tablet, or device that you own or control on which you install the App.
  • "Distributor" means a third-party mobile device platform or service provider (such as Apple or Google) from which you download the App.
  • "Feedback" means any ideas, concepts, inventions, know-how, questions, comments, suggestions, or the like regarding the App, Services, or products.
  • "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
  • "Location Data" means data related to your geographic location.
  • "Marks" means trademarks, service marks, and logos.
  • "Provider Materials" means all materials, software, documentation, systems, tools, templates, methodologies, content, and other proprietary materials developed, owned, or licensed by the Provider and made available under this Agreement, including any updates, modifications, enhancements, and derivative works thereof, but excluding User Data.
  • "Privacy Policy" means our privacy policy available at https://www.juicyway.com.
  • "Services" means the payment services, money transfer services, debit card services, and related financial services accessible through the App.
  • "Terms of Use" means the Juice Global Inc User Terms and Conditions governing your use of the Services.
  • "Third Party Content" means content from Third Party Sources that is not owned or controlled by us.
  • "Third Party Source" means (i) third-party websites and services; and (ii) our partners, service providers, Distributors and customers.
  • "Third Party Terms" means third party terms and conditions applicable to third-party open source software included in the App.
  • "Usage Rules" means usage rules established by a Distributor that govern your use of the App.

    2. Ability to Accept

  • By installing the App, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction.

    3. Relationship to Terms of Use

  • This EULA governs your use of the App. Your use of the Services accessible through the App is governed by a separate Terms of Use, which must be accepted before you can access the Services.
  • Your breach of this EULA shall be deemed a breach of the Terms of Use, and your breach of the Terms of Use is deemed a breach of this EULA.
  • The Terms of Use are incorporated by reference into this EULA. In the event of any conflict between this EULA and the Terms of Use regarding the Services, the Terms of Use shall prevail.

    4. License Grant

  • 4.1 License
  • Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (a) download, install, and use the App on a Device; and (b) access and use the App on that Device in accordance with this Agreement, any applicable Usage Rules, and the Terms of Use.
  • 4.2 Termination of Licence
  • This Licence shall automatically terminate if you breach any provision of this Agreement, unless otherwise agreed by us in writing. Upon termination, you must immediately cease all use of the App and delete all copies in your possession or control.
  • 4.3 License Restrictions
  • Except as expressly permitted under this Agreement or applicable law, you shall not, and shall not permit any third party to:
    • copy, reproduce, distribute or make the App available to multiple users or devices;
    • sell, lease, sublicense, assign, distribute or otherwise transfer the App;
    • reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App;
    • modify, adapt, translate or create derivative works from the App;
    • circumvent, disable, test, or interfere with security-related features of the App or access controls of the App;
    • remove, alter, or obscure any proprietary notice or identification marks, including copyright, trademark, patent, or other notices, contained in or displayed on or via the App;
    • use the App to transmit unauthorised commercial communications;
    • use our name, logo or trademarks or imply endorsement, affiliation or sponsorship without prior written consent; or
    • use the App for any unlawful, fraudulent or harmful purpose or in any manner inconsistent with this Agreement.
  • 4.4 Reservation of Rights
  • All rights not expressly granted to you under this Agreement are reserved by us and our licensors.

    5. Services and Account

  • In order to use the Services through the App, you must create or use an Account. If you create an Account, you must provide accurate and complete information for yourself.
  • You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately at legal@juicyway.com of any unauthorized use of your Account.
  • Other than use of the App software as governed by this EULA, all Services accessible through the App, including the Account, are governed pursuant to the Terms of Use, which are available at https://www.juicyway.com and which you must accept to access the Services.

    6. Usage Rules

  • If you are downloading the App from a Distributor, please be aware that the Distributor may have established Usage Rules which also govern your use of the App. We specifically refer to the Usage Rules of certain Distributors in Section 26 below, but other Usage Rules may be applicable depending on where the App has been downloaded from.
  • You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by reference.
  • You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation, you are prohibited from installing and/or using the App.

    7. Location Data

  • Certain features or functionality of the App may require access to location-based information ("Location Data") in order to operate effectively. Where you choose to enable such features, you expressly consent to the collection and use of your Location Data solely for the specific purposes associated with those features, such as providing location-based services, content, or security enhancements.
  • To the extent that we collect Location Data, such data will be processed in accordance with our Privacy Policy and applicable data protection laws. We will not use Location Data for profiling, targeted marketing, or any purpose unrelated to the enabled feature(s), unless we have a separate lawful basis or obtain your separate consent, where required.
  • We will retain Location Data only for as long as is reasonably necessary to fulfil the purposes for which it was collected, after which it will be securely deleted. You may withdraw your consent or restrict access to Location Data at any time through your device or application settings; however, doing so may affect the performance of the App and may result in limited functionality or the unavailability of certain features.

    8. Use of the App in a Vehicle

  • If you are using the App in a vehicle, you agree: (a) to comply with all applicable traffic laws; and (b) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.

    9. Intellectual Property Rights

  • 9.1 Ownership
  • The App is licensed to you and not sold to you under this Agreement, and you acknowledge that we and our licensors retain all title, ownership rights, and Intellectual Property Rights in and to the App, including all related software, technology, and provider materials. We reserve all rights not expressly granted to the App to you under this Agreement.
  • 9.2 Content Ownership
  • The Content on the App is the property of Juicyway and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Our name and logo are Marks of Juicyway and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
  • 9.3 Use of Content
  • The Content on the App is provided to you "as is" for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, decompiled, disassembled, or otherwise exploited for any other purposes whatsoever without our prior written consent, except as expressly permitted under this Agreement, the Terms of Use, or applicable law. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

    10. Feedback

  • During your use of the App and/or Services, you may provide Feedback. All rights, including Intellectual Property Rights in such Feedback, shall belong exclusively to us; and you hereby irrevocably and unconditionally transfer and assign all Intellectual Property Rights you have in such Feedback and waive the enforcement by you of any and all moral rights that you may have in respect thereto.

    11. Third Party Sources and Content

  • 11.1 Third Party Integration
  • The App enables you to view, access, link to, and use content, services or functionality provided by third parties. The App may also enable you to communicate and interact with Third Party Sources.
  • 11.2 No Warranty for Third Party Content
  • We are not responsible for, and we make no representations or warranties regarding the accuracy, appropriateness, safety, usefulness or Intellectual Property Rights associated with any Third Party Content. Unless expressly stated otherwise, Third Party Sources operate independently of us and provide their services to you under their own terms and conditions and privacy policies. When you choose to use any Third Party Sources through the App, you do so at your discretion, and you enter a direct contractual relationship with the relevant Third Party Sources. We do not control, and are not responsible for, the decisions, fees, performance, availability, or outcomes of any Third Party Sources. We strongly encourage you to review the applicable terms of use and privacy policies of each Third Party Source before using their services or providing any personal or financial information to them. To enable the operation of these Third Party Sources, the App may transmit certain personal data and transactional information to Third Party Sources. To the extent that we initiate or facilitate such processing, we will do so in accordance with our Privacy Policy and applicable data protection laws, ensuring that any Third Party Source with whom we share personal data is subject to appropriate contractual and security safeguards.
  • 11.3 Your Responsibility
  • By using the App, you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your decision to interact with a Third Party Source and your use of, and reliance upon, any Third Party Content is made at your own discretion. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  • 11.4 Specific Third Party Services
  • The App integrates with Third Party Sources to provide financial services. Your use of these Third Party Sources is governed by the Terms of Use and the applicable Third Party Servicer agreements, not this EULA.

    12. Consideration and Data Usage

  • The license granted under this Agreement is provided in consideration of your downloading, accessing and using the App in accordance with the terms of this EULA.
  • You acknowledge that use of the App may require an active internet connection and the use of mobile or other data services, and you agree that any charges incurred from your internet service provider, mobile carrier or other third-party service provider in connection with such data usage shall be solely your responsibility, and we shall not be liable for any such charges.

    13. Privacy and Data Protection

  • 13.1 Privacy Policy
  • We process personal data collected in connection with your use of the App in accordance with our Privacy Policy, as updated from time to time and available at https://www.juicyway.com. By using the App, you acknowledge that you have reviewed and agreed to the terms of our Privacy Policy. As required by applicable data protection laws, by using the App after reviewing our Privacy Policy, you agree that we have obtained your consent prior to processing your personal data, such consent which you may withdraw at any time in accordance with the Privacy Policy, without affecting the lawfulness of processing carried out prior to withdrawal.
  • 13.2 Data Protection Framework
  • Your personal data is processed in accordance with applicable data protection laws across all jurisdictions in which we operate, including:
    • (a) United Kingdom and Europe: EU GDPR, Data Protection Act 2018, Payment Services Regulations 2017;
    • (b) Nigeria: Nigeria Data Protection Act, 2023 (NDPA), General Application and Implementation Directive, 2025 (GAID);
    • (c) Canada: Personal Information Protection and Electronic Documents Act (PIPEDA);
    • (d) United States: State-specific privacy laws where applicable, including CCPA.
  • 13.3 International Data Transfers
  • Due to the international nature of our Services and operations, your personal data may be transferred to, stored, and processed in jurisdictions outside your country of residence, including the United Kingdom, Nigeria, Canada, and the United States. Where such transfers occur, we implement appropriate safeguards in accordance with applicable data protection laws. These appropriate safeguards include the adoption of security measures during the transmission of personal data.
  • 13.4 Device Data Storage
  • Certain information may be stored locally on your device as part of the App's functionality. While we implement reasonable technical and organizational measures to protect personal data, you are responsible for maintaining the security of your device and preventing unauthorized access.
  • 13.5 Session Recording
  • We may use session recording and analytics tools to monitor usage of the App for troubleshooting, security, and service improvement purposes, in accordance with our Privacy Policy. Subject to our Privacy Policy, you hereby acknowledge and accept that we shall be entitled to make use of personal information for the purposes detailed in this Agreement. We may record your use of the App through a session recording tool (e.g., LogRocket). Session recordings are retained for a limited period and will be securely deleted 30 (thirty) days after they are recorded. To the maximum extent permitted by law, you agree to such session recordings and to their use for the purposes of our improvement of the App and as further described in our Privacy Policy.
  • 13.6 Data Subject Rights
  • You may exercise your data protection rights in accordance with applicable law, including rights of access, rectification, erasure, restriction, objection, data portability, and the right to lodge a complaint with the data protection authority within your jurisdiction.

    14. Warranty Disclaimers

  • THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
  • WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR WILL OPERATE ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
  • WE DO NOT WARRANT, ENDORSE, ASSUME RESPONSIBILITY, OR GUARANTEE ANY THIRD PARTY SERVICE PROVIDERS, THIRD PARTY SERVICERS, PARTNERS, CONTENT, OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE APP. ANY DEALINGS, TRANSACTIONS, OR INTERACTIONS MADE WITH THIRD PARTY SERVICERS ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY SERVICER, AND WE DISCLAIM ALL LIABILITY ARISING THEREFROM.
  • YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THIRD PARTY SERVICES, FINANCIAL TRANSACTIONS, INPUTS, OUTPUTS, AND THAT ANY RISK OF HARM OR DAMAGE THAT ARISES FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  • IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT BUT HAVE NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.
  • WE DO NOT GUARANTEE THAT ALL CONTENT AVAILABLE ON THE APP WILL BE SUITABLE FOR ALL USERS. CERTAIN CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE APP MAY BE CONSIDERED UNDESIRABLE OR OBJECTIONABLE BY YOU. WHILE WE ARE NOT RESPONSIBLE FOR SUCH CONTENT, YOU MAY NOTIFY US OF ANY CONTENT YOU REASONABLY CONSIDER INAPPROPRIATE, AND WE WILL REVIEW SUCH NOTIFICATION AND, WHERE APPROPRIATE, TAKE REASONABLE STEPS TO RESTRICT OR REMOVE ACCESS TO SUCH CONTENT IN ACCORDANCE WITH OUR POLICIES.
  • WE ASSUME NO OBLIGATION TO UPDATE THE CONTENT ON THE APP, AND THE CONTENT MAY BE MODIFIED, UPDATED, OR REMOVED FROM TIME TO TIME. WE DISCLAIM LIABILITY FOR ANY UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE APP. ACCESSING OR USING THE APP FROM TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED, AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION.
  • Nothing in this Agreement excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law. Therefore, to that extent such exclusions may not apply.

    15. Limitation of Liability

  • UNDER NO CIRCUMSTANCES SHALL JUICYWAY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS, OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED USD $20.00.
  • TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

    16. Indemnification

  • You agree to defend, indemnify, and hold harmless Juicyway Global Inc, its subsidiaries, affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising out of or in connection with:
    • (a) your use of, or inability to use, the App;
    • (b) your breach of this Agreement or the Terms of Use;
    • (c) your violation or infringement of any third party right, including, without limitation, intellectual property or privacy rights, in connection with your use of the App.
  • Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior written consent, which shall not be unreasonably withheld.

    17. Export Laws

  • You agree to comply fully with all applicable export laws and regulations to ensure that none of the App or any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

    18. Updates and Upgrades

  • We may, from time to time, provide updates or upgrades to the App (each a "Revision"), but we are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement, which will govern the Revision.

    19. Term and Termination

  • 19.1 Term
  • This Agreement is effective until terminated by us or you.
  • 19.2 Termination by Juicyway
  • We reserve the right, at any time, to: (a) discontinue or modify any aspect of the App; and/or (b) terminate this Agreement and your use of the App with or without cause. We shall not be liable to you or any third party for any of the foregoing.
  • 19.3 Termination by You
  • If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. You can terminate this Agreement by uninstalling the App from your Device.
  • 19.4 Effect of Termination
  • Upon termination of this Agreement, you shall cease all use of the App. Those provisions of this Agreement that by their nature should survive termination shall survive termination of this Agreement including but not limited to: Section 9 (Intellectual Property Rights), Section 10 (Feedback), Section 11 (Third Party Sources and Content), Section 13 (Privacy and Data Protection), Section 14 (Warranty Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 19 (Term and Termination), Section 20 (Third Party Open Source Software), Section 21 (Notice), Section 22 (Assignment), Section 23 (Amendments), Section 24 (Governing Law and Disputes), Section 25 (General), and Section 26 (Distributor Requirements and Usage Rules).

    20. Third Party Open Source Software

  • Portions of the App may include third party open source software that are subject to Third Party Terms. A list of any third party open source software and related Third Party Terms is available upon request to us at legal@juicyway.com.
  • If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail, but solely in connection with the related third party open source software.
  • Notwithstanding anything in this Agreement to the contrary, we make no warranty or indemnity hereunder with respect to any third party open source software.

    21. Notice

  • Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been received when sent by electronic mail to the email address provided by the recipient party, which in our case shall be legal@juicyway.com.
  • It is your responsibility to keep us updated as to your current email address. Any notice or communication sent by electronic mail shall be deemed to have been received on the date and at the time of transmission, provided that no "system error" or other notice of non-delivery is generated or received by the sender.

    22. Assignment

  • This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.

    23. Amendments

  • We reserve the right to modify this Agreement at any time by sending you an in-App notification, a notification in your Account, an email notification through the email you last provided to us, and/or publishing the revised Agreement in the App or on our website at https://www.juicyway.com.
  • Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

    24. Governing Law and Disputes

  • 24.1 Governing Law
  • This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to its conflict of laws rules.
  • 24.2 Arbitration
  • Any dispute, controversy, or claim arising out of or in connection with this Agreement, including the breach, termination, or validity thereof, shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitral tribunal shall comprise one (1) arbitrator, who shall be appointed in writing upon the agreement of the Parties. Where the parties fail to agree and appoint an arbitrator, the American Arbitration Association may appoint the arbitrator in accordance with the Commercial Arbitration Rules. The seat of arbitration shall be England, while the arbitral proceedings may take place virtually; however, subject to the agreement of the parties, evidentiary hearings may be conducted in London, England. The language of the arbitration shall be English. Each party shall bear its own costs of arbitration, and the parties shall share the fees and expenses of the arbitrator(s) equally. The award of the arbitrator(s) shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Nothing in this clause shall preclude either party from seeking interim injunctive relief, or any other provisional remedy, from the Courts of England and Wales.
  • 24.3 Class Action Waiver
  • To the fullest extent permitted by law, you agree to waive any right you may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Juicyway related to the App. You also agree to opt out of any class proceedings against Juicyway or its licensors.

    25. General

  • 25.1 Construction and Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, and unincorporated associations.
  • 25.2 Entire Agreement. This Agreement, the Terms of Use, and any other legal notices published by us in connection with the App shall constitute the entire agreement between you and Juicyway concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice.
  • 25.3 Variation and Amendments. We may amend this Agreement from time to time. Any such amendment shall be made in writing and shall take effect upon notice to you, which may be provided through the App, by email, or by posting the updated Agreement on our website. Where an amendment materially affects your rights or obligations under this Agreement, we will provide reasonable prior notice, and your continued use of the App after the effective date of such amendment shall constitute your acceptance of the revised terms. If you do not agree to any amendment, you must discontinue use of the App.
  • 25.4 Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • 25.5 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • 25.6 Statute of Limitations. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • 25.7 Localization Waiver. By entering into this Agreement, you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements.

    26. Distributor Requirements and Usage Rules

  • 26.1 Apple App Store
  • If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App), then, without derogating from the warranty disclaimers and limitation of liability as set forth in this Agreement:
  • You acknowledge and agree that:
    • (a) This Agreement is concluded between Juicyway and you only, and not with Apple, and Juicyway and its licensors, and not Apple, are solely responsible for the App and the content thereof.
    • (b) Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
    • (c) The License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS.
    • (d) Juicyway is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    • (e) Juicyway 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 the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Juicyway's sole responsibility.
    • (f) Juicyway, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks.
    • (g) In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    • (h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and 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 against you as a third party beneficiary thereof.
  • You represent and warrant that:
    • (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
    • (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement, which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
  • 26.2 Google Play
  • If you download the App from Google Play operated by Google Inc. ("Google"), then, without derogating from the warranty disclaimers and limitation of liability as set forth in this Agreement:
  • You acknowledge and agree that:
    • (a) This Agreement is concluded between Juicyway and you only, and not with Google, and Juicyway and its licensors, and not Google, are solely responsible for the App and the content thereof.
    • (b) Your use of the App is also subject to the Usage Rules established by Google, including those set forth in the Google Play Terms of Service, effective as of the date that you enter into this Agreement.
    • (c) Juicyway is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    • (d) Juicyway, and not Google, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • (e) In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Google shall not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

    27. Contact Information

  • If you have any questions, complaints, or claims regarding the App, please contact us at: support@juicyway.com

    Acknowledgment

  • By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.
  • You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement, and having received a copy of this Agreement. You represent that you have had the opportunity to obtain legal advice on this Agreement prior to accepting it.
  • A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.