Terms and Conditions of Use
Before utilizing the services provided by VEBOTEK OÜ, a company incorporated and operating under the laws of the Republic of Estonia, with its registered address at Sepapaja tn 6, 15551, Tallinn, Harju maakond, Estonia (hereinafter referred to as "Brajti," "we," or "us"), please carefully examine these Terms and Conditions of Use ("Terms"). These Terms establish a legally binding contract between you and Brajti, governing your interaction with the website found at https://brajti.com (the "Website"), services available through the Brajti mobile application ("App"), and associated services, including all information, text, graphics, software, and our email communications (the "Content"). For clarity, the Website, App, Content, and our services are collectively referred to as the "Services."
This service operates on an automatically renewing subscription basis. Information regarding our Subscription Policy is provided at or near the point of purchase. We urge you to thoroughly review these Terms (especially Section 7, "Payments and Refunds") and the Subscription Policy before initiating a free trial or purchasing an auto-renewing subscription for the App. To prevent charges, you must actively cancel your subscription or trial no less than 24 hours before the conclusion of the free trial or the current subscription period. If you need guidance on canceling a subscription or a free trial, please consult Apple Support, Google Play Help (or the support pages of other relevant app stores), or our website, depending on where you obtained your subscription. Note that deleting the App does not terminate your subscriptions or free trials. You may want to take a screenshot of this information for your records.
IMPORTANT NOTICE CONCERNING ARBITRATION FOR CUSTOMERS IN THE U.S.: BY ACCEPTING THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO SETTLE ANY DISAGREEMENT BETWEEN YOU AND BRAJTI THROUGH BINDING, INDIVIDUAL ARBITRATION, RATHER THAN THROUGH COURT PROCEEDINGS. PLEASE CAREFULLY REVIEW SECTION 13, "MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER," BELOW FOR SPECIFIC DETAILS ON ARBITRATION.
ADDITIONALLY, THESE TERMS INCLUDE SIGNIFICANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 10), LIMITATIONS OF LIABILITY (SECTION 11), AND A CLASS ACTION WAIVER (SECTION 13).
1. General Terms
1.1 These Terms form a legally binding agreement between you and Brajti. Therefore, PLEASE REVIEW THESE TERMS THOROUGHLY BEFORE UTILIZING THE SERVICES.
1.2 Kindly also examine our Privacy Policy. The provisions outlined in the Privacy Policy, along with any additional terms, policies, or documents that may be periodically published on the Services, are explicitly incorporated herein by reference.
1.3 We reserve the right to modify these Terms on this page of the Website. While we may notify you of certain significant changes, such as through email or by posting announcements on the Services, we are not obligated to do so in every instance. All other modifications will be communicated solely by revising the "Last updated" date of these Terms, and you forfeit any right to receive specific notification of each such change. If you disagree with the changes, you should discontinue using the Services. Continued use of the Services after any alterations to these Terms signifies your acceptance of those modifications.
1.4 IF YOU DO NOT CONSENT TO ANY PORTION OF THESE TERMS, OR IF YOU ARE NOT QUALIFIED OR AUTHORIZED TO BE LEGALLY BOUND BY THESE TERMS, THEN DO NOT INSTALL THE APP OR ACCESS OR USE THE SERVICES IN ANY OTHER MANNER.
2. IMPORTANT DISCLAIMERS
THE APP PROVIDES SUMMARIES DERIVED FROM KEY CONCEPTS FOUND IN NON-FICTION BOOKS. THE CONTENT PRESENTED WITHIN THESE SUMMARIES IS INTENDED SOLELY FOR EDUCATIONAL PURPOSES.
WE DO NOT OFFER, NOR DO WE PROVIDE, ANY FORM OF MEDICAL COUNSELING OR OTHER HEALTHCARE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY TESTING, DIAGNOSIS, OR EVALUATION PERTAINING TO MENTAL HEALTH. IF YOU ARE EXPERIENCING ANY HEALTH ISSUES, YOU MUST VISIT, CALL, OR CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDERS.
ANY CONCEPTS DETAILED WITHIN A SPECIFIC SUMMARY REPRESENT THE RESPECTIVE AUTHOR'S INDIVIDUAL OPINIONS AND NOT OUR OWN. WE OFFER NO ASSURANCES REGARDING THE DEGREE OF SUCCESS YOU MAY ACHIEVE BY ADHERING TO THE SUGGESTIONS AND TACTICS PRESENTED IN A GIVEN BOOK SUMMARY, AND YOU ACKNOWLEDGE THE RISK THAT OUTCOMES MAY VARY FOR EACH PERSON.
NONE OF THE AUTHORS REFERENCED IN THE APP ENDORSE OR SPONSOR THE APP OR ANY OF OUR COMMERCIAL OFFERINGS, SERVICES, OR ACTIVITIES. THE INCLUSION OF A BOOK SUMMARY DOES NOT CONSTITUTE AN ENDORSEMENT BY US OF ANY OF THE AUTHORS MENTIONED IN THE APP. NOTHING WITHIN THE APP SHOULD BE INTERPRETED AS IMPLYING THAT ANY OF THE MENTIONED AUTHORS AUTHORIZE, SUPPORT, ENDORSE, OR SPONSOR ANY OF OUR PRODUCTS OR SERVICES AS A CONSEQUENCE OF THEIR INCLUSION IN THE APP.
3. Profile Registration
3.1 To utilize the Services, you may need to create a profile within the App or on the Website ("Profile") and furnish specific details about yourself as requested in the registration form.
3.2 If you create a Profile, you affirm and guarantee to Brajti that: (i) all submitted registration information is accurate and truthful; (ii) you will keep this information up-to-date; and (iii) your use of the Services does not breach any relevant law, regulation, or these Terms. Failure to comply may result in the Services not functioning properly, and we might be unable to reach you with crucial notifications.
3.3 The Services are not designed for use by individuals under 16 years of age. You hereby affirm and guarantee to Brajti that you meet this age requirement. All users who are minors in their jurisdiction of residence (typically under 18 years of age) must obtain permission from, and be under the direct supervision of, their parent or legal guardian to use the Services. If you are a minor, you are required to have your parent or guardian read and consent to these Terms before you use the Services.
3.4 We retain the right to suspend or terminate your Profile, or your access to the Services, with or without prior notification, if you violate these Terms.
3.5 You are accountable for safeguarding the confidentiality of your Profile login credentials and are fully liable for all actions that take place under your Profile. You commit to promptly inform us of any unauthorized use, or suspected unauthorized use, of your Profile or any other security breach. Brajti cannot and will not be held responsible for any loss or damage resulting from your non-compliance with the aforementioned requirements.
3.6 By utilizing the Services, you consent to receive certain communications from Brajti, including updates on the Services, a periodic email newsletter, or push notifications. You can opt-out of non-essential communications by unsubscribing from the email newsletter or modifying your device's push notification settings.
4. Services
4.1 You agree, represent, and warrant that your use of the Services, or any part thereof, will be in accordance with the aforementioned license, covenants, and restrictions, and will not infringe upon or violate the rights of any other party or breach any contract or legal obligation to any other parties. Furthermore, you agree to abide by all applicable laws, regulations, and ordinances related to the Services or your use thereof, and you will be solely accountable for your own individual violations of any such laws.
4.2 You are solely responsible for acquiring the necessary equipment and telecommunication services to access the Services, as well as all associated fees (such as those for computing devices, Internet service provider, and airtime charges).
4.3 We reserve the right to make any alterations to the Services (whether to free or paid features) at any time, without prior notice or liability to you. You acknowledge that a variety of our actions may, at times, hinder or prevent your access to the Services, either temporarily or permanently, and in the same or a different manner. You agree that Brajti bears no responsibility or liability for any such actions or their consequences, including, but not limited to, the deletion of, or the failure to provide you with access to, any content or services.
4.4 Your access to and use of the Services are undertaken at your own risk. We shall bear no responsibility for any damage to your computing system, loss of data, or other harm to you or any third party that arises from your access to or use of the Services, or reliance on any information or advice.
4.5 We are under no obligation to offer you customer support of any nature. Nevertheless, Brajti may, at its sole discretion, provide you with customer support periodically.
5. Intellectual Property, User Content
5.1. You acknowledge that all text, images, marks, logos, compilations (meaning the gathering, organization, and assembly of information), data, other content, software, and materials displayed on the Services or utilized by Brajti, excluding any User Content (as defined below), are the property of Brajti or third parties.
5.2 Brajti explicitly reserves all rights, including all intellectual property rights, in all of the aforementioned. Except as expressly authorized by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation thereof is strictly forbidden. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
5.3 The information you provide to us during registration, along with any data, text, and other materials you may submit or post to us ("User Content"), remains your intellectual property. We do not claim any ownership of the copyright or other proprietary rights in such registration information and User Content. Notwithstanding the foregoing, you agree that Brajti may retain copies of all registration information and User Content and utilize such information and User Content as reasonably required for or incidental to its operation of the Services, as described in these Terms and the Privacy Policy.
5.4 You grant Brajti a non-exclusive, worldwide, transferable, perpetual, irrevocable license to publish, distribute, publicly display, and perform the User Content in connection with the Services.
5.5 Subject to these Terms, Brajti grants you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes; and (ii) install and use the App solely on your own handheld mobile device and exclusively for your personal, non-commercial purposes.
6. App Stores, Third Party Ads, Other Users
6.1 You recognize and agree that the availability of the App depends on the third party from whom you obtained the App, such as the Apple App Store, Google Play Market, and/or other app stores (collectively referred to as "App Stores," and individually as an "App Store").
6.2 You agree to pay all fees charged by the App Stores in relation to the App. You commit to complying with, and your license to use the App is contingent upon your adherence to, all relevant agreements, terms of use, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and possess the right to enforce these Terms.
6.3 The Services may include links to third-party websites or resources, as well as advertisements for third parties (collectively, "Third-Party Ads"). These Third-Party Ads are not under Brajti's control, and we bear no responsibility for any Third-Party Ads. Brajti provides these Third-Party Ads solely for convenience and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Ads. Advertisements and other information supplied by Third-Party Ads may not be entirely accurate. You accept sole responsibility for and assume all risks associated with your use of any such websites or resources. When you link to a third-party website, the applicable service provider's terms and policies, including privacy and data gathering practices, will govern. You should conduct whatever investigation you deem necessary or appropriate before engaging in any transaction with any third party. Your transactions and other interactions with Third-Party Ads, including payment and delivery of related goods or services, are solely between you and the relevant merchant or advertiser.
6.4 Each user of the Services is solely accountable for any and all of their User Content. As we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. We assume no responsibility for any User Content. Your interactions with other users of the Services are exclusively between you and that user. You agree that Brajti will not be held liable for any loss or damage incurred as a result of such interactions. In the event of a dispute between you and any user of the Services, we are under no obligation to intervene.
6.5 You hereby release us, our officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with or conduct of any App Store, any other users of the Services, or any Third-Party Ads.
7. Payments and Refunds
7.1 The App is available for download at no cost. However, certain features of the Services may be available for a fee, either by: (1) paying a recurring subscription fee in advance, as disclosed to you prior to your purchase; or (2) making a one-time payment to access specific Content outside the App (collectively or separately referred to as the "Purchase"). You can make the Purchase directly from Brajti or through the App Store.
7.2 To the fullest extent permissible under applicable laws, we may modify Purchase fees at any time. We will provide you with reasonable notice of any such pricing changes by publishing the new prices on or through the App and/or by sending you an email notification, or through other conspicuous means. If you do not agree to the new fees, you can cancel the relevant subscription before the change takes effect and/or refrain from pre-paying for access to the Services.
7.3 You authorize us and the App Stores to charge the applicable fees to the payment card you provide.
7.4 By subscribing to certain services, you consent to the automatic renewal of your subscription. Unless you cancel your subscription, you authorize us and the App Stores to charge you for the renewal term. The auto-renewal period will be the same as your initial subscription period unless otherwise communicated to you on the Services. The renewal rate will be no higher than the rate for the immediately preceding subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription according to the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have already accrued to your account, nor will we prorate fees for a cancelled subscription.
7.5 We may offer a trial subscription for the Services. The trial grants you access to the Services or a portion of the Services for a specific duration, with details provided when you sign up for the offer. Unless you cancel before the conclusion of the free trial, or unless otherwise indicated, your access to the Services will automatically continue, and you will be charged the applicable fees for the Services. It is your responsibility to be aware of when the free trial ends. We reserve the right, at our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and without liability. We also reserve the right to limit your ability to benefit from multiple free trials.
7.6 The Services and your rights to use them terminate at the end of your subscription's paid period. If you fail to pay the due fees or charges, we may make reasonable efforts to notify you and resolve the issue. However, we reserve the right to disable or terminate your access to the Services (and may do so without notice).
7.7 Subscriptions purchased through an App Store are governed by that App Store's refund policies. This means we cannot issue refunds. You will need to contact the App Store's support team.
7.8 You agree that the Purchase is final, that Brajti will not refund any transaction once it has been completed, and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, Brajti will provide refunds and/or Purchase cancellations in cases and to the extent mandated by the applicable law. Brajti may also offer refunds at its own discretion and subject to our policies, which may be published periodically.
Note for EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Consequently, you will not be eligible for a refund unless the digital content is defective.
8. User Representations and Restrictions
8.1. By utilizing the Services, you represent and warrant that:
a. you possess the legal capacity and agree to abide by these Terms;
b. you are not under the age of 16;
c. you will not access the Services through automated or non-human means, including bots, scripts, or otherwise;
d. you will not use the Services for any unlawful or unauthorized purpose;
e. you are not located in a country subject to a U.S. government embargo, or designated by the U.S. government as a "terrorist supporting" country;
f. you are not listed on any U.S. government list of prohibited or restricted parties; and
g. your use of the Services will not breach any applicable law or regulation.
8.2. If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to deny any and all current or future use of the Services (or any part thereof).
8.3. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those explicitly authorized or approved by us.
8.4 As a user of the Services, you agree not to:
a. systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written consent;
b. make any unauthorized use of the Services;
c. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;
d. use the Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
e. make the Services available over a network or other environment allowing access or use by multiple devices or users concurrently;
f. use the Services to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
g. use any proprietary information, our interfaces, or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
h. circumvent, disable, or otherwise interfere with security-related features of the Services;
i. engage in unauthorized framing of or linking to the Services;
j. interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
k. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way forming a part of the Services;
l. attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion thereof;
m. upload or distribute in any way files containing viruses, worms, trojans, corrupted files, or any other similar software or programs that may harm the operation of another's computer;
n. use, launch, develop, or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
o. use the Services to send automated queries to any website or to send any unsolicited commercial email;
p. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
q. use the Services in a manner inconsistent with any applicable laws or regulations; or
r. otherwise violate these Terms.
9. Indemnification
You hereby agree to defend, indemnify, and hold harmless Brajti, its officers, directors, employees, agents, affiliates, and related entities, from and against any and all claims, disputes, costs, losses, liabilities, damages, expenses, and judgments of any kind, including, without limitation, reasonable legal and accounting fees, arising from or in any way related to (a) your access to or use of the Services, (b) your User Content, or (c) your breach of these Terms.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. YOUR UTILIZATION OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER BRAJTI NOR ITS SERVICE PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAJTI OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, UNDER NO CIRCUMSTANCES WILL BRAJTI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BRAJTI FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NO PAYMENT OBLIGATIONS TO BRAJTI, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BRAJTI AND YOU.
12. International Use
Brajti does not assert that the Services are accessible, suitable, or legally available for use in your jurisdiction. Accessing and using the Services is forbidden from territories where such actions would be unlawful. You access the Services at your own discretion and are accountable for adhering to local laws.
13. Mandatory Binding Arbitration and Class Action Waiver
13.1 Mandatory Arbitration of Disputes. You and Brajti agree that any dispute, claim, or controversy arising from or related to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved solely through binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Brajti agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that both you and Brajti are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall remain in effect after the termination of these Terms.
13.2 Exceptions. As limited exceptions to Section 14: (i) we may both seek to resolve a Dispute in a local court if it qualifies; and (ii) we each reserve the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
13.3 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to initiate arbitration must submit a written Demand for Arbitration to AAA and provide notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you reside, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
13.4 Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator determines your Dispute is frivolous. If we prevail in arbitration, we will pay all of our attorneys' fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
13.5 Injunctive and Declaratory Relief. Except as provided in Section 13.1 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
13.6 Class Action Waiver. YOU AND BRAJTI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of Section 13 shall be null and void.
14. Governing Law and Venue
14.1 These Terms shall be governed in accordance with the laws of the Republic of Estonia, excluding its conflict of law rules.
14.2 To the extent that any action relating to any dispute hereunder is, for any reason, not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of the Republic of Estonia to settle any disputes which may arise out of or in connection with these Terms, and accordingly, proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non conveniens.
14.3 If you are a resident of the EU: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you reside.If you have a complaint, please contact us at [email protected].
If you feel your complaint is not adequately addressed, you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform accessible through http://ec.europa.eu/odr. Other than as set out in the Terms, Brajti does not participate in any alternative dispute resolution scheme.
You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Brajti shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.
You agree that the Services, Terms, and any dispute between you and Brajti shall be governed in all respects by the laws of the Republic of Estonia, without regard to choice of law provisions.
15. Miscellaneous
15.1 No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed as a waiver thereof. A waiver by Brajti of any of the covenants, conditions, or agreements to be performed by you will not be construed as a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained.
15.2 Subject to Section 13, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
15.3 Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and Brajti regarding its subject matter and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.
15.4 We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any means, including by novation. By accepting these Terms, you give us consent to any such assignment and transfer. You confirm that placing on the Services a version of these Terms indicating another person as a party to these Terms shall constitute valid notice to you of the transfer of Brajti's rights and obligations under these Terms (unless otherwise is expressly indicated).
15.5 All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT," "CONTINUE," "REGISTER," "I AGREE," or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
15.6 In no event shall Brajti be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Brajti's reasonable control.
16. Contact
Should you wish to send any notice under these Terms or have any inquiries regarding the Services, you may contact us at: [email protected].
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
