Terms of Service for FastTrekker

Ilim’s Terms of Service

Effective Date: Date: 2023-12-15

1. Acceptance of Terms

By accessing or using the ilim’s mobile application FastTrekker (ilim and FastTrekker as "Service"), you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, please do not use the App.

2. Additional Terms

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

3. Use of the Service

Eligibility. You must be 16 years or older to use the Services. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at support@ilim.ai of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services unless we expressly agree otherwise.

4. User Accounts

To access certain features of the App, you need to create a user account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

5. Subscription and Promotional Offers

FastTrekker Premium services are only available with a paid subscription and the following sections provide related terms.

Subscription Period: FastTrekker offers a Premium subscription ("FastTrekker Premium") on a recurring basis. Upon purchase, the subscription will continue for the selected period and automatically renew for subsequent periods unless canceled.
Cancellation: To avoid charges for the next subscription period, you must cancel your FastTrekker Subscription at least 24 hours before the current period ends. Cancel via the FastTrekker app or the App Store you originally purchased the Service from.
Changes: FastTrekker reserves the right to make changes to FastTrekker Premium, including pricing. Material changes, including price adjustments, will be communicated in advance to the email associated with your account.
Promotional Offers: You may be eligible for promotional offers with FastTrekker Premium, subject to specific terms. After the promotional period, your subscription will automatically renew at the standard rate unless canceled 24 hours before the end of the promotional period.
Lifetime Subscriptions: A "Lifetime" FastTrekker Premium is available for one account, granting access for the remaining lifetime of FastTrekker Subscription. The features included may evolve over time, and the subscription is non-transferable, non-licensed, and non-sellable.

6. Other Payments Terms

Payment Method. If you purchase a subscription, gift card, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us. You authorize ilim to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on ilim until accepted and confirmed by ilim. You authorize us to continue to charge the applicable payment method(s). You are responsible for any additional charges that your payment method provider charges.
Cancellations and Disputes. If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. ilim reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.
Refunds. You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.
Future Functionality. Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by ilim regarding such functionality or features.

7. Service Use

8. Subscriptions and Promotional Offers

This section provides terms related to the Services that are only available with a paid subscription (“FastTrekker Premium”).

Recurring Subscriptions. If you purchase a recurring subscription to use FastTrekker Premium (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Ilim to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled in accordance with our cancellation policy as described in this document. If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.
Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription via www.ilim.ai, you can cancel at https://ilim.ai/profile/manage-subscription. If you purchased your Recurring Subscription through a third party, for example for Apple devices Apple’s App Store, or Android devices Google Play Store, you must cancel the renewal directly with that third party. View our support page or contact us by email at support@ilim.ai if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to FastTrekker Premium until the end of your current subscription period.
Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in the section titled Cancellation.
Promotional Offers Converting to Recurring Subscriptions. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to FastTrekker Premium or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to FastTrekker Premium and allowed your subscription to expire before the date stated in the Offer Terms. Ilim reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through ilim.ai by any advertised expiration date.
You must provide a valid payment method accepted by us to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize Service to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled per the cancellation terms in this document at least 24 hours before the end of the promotional period.
Lifetime Subscriptions. You may purchase a “lifetime” FastTrekker Premium subscription for one account to access FastTrekker Premium for the remaining lifetime of FastTrekker Premium, which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the FastTrekker Premium features available when you enroll in a lifetime subscription may not always be part of FastTrekker Premium. Service may also launch new Services in the future that are not part of FastTrekker Premium and therefore outside of your lifetime subscription. Any lifetime subscription you purchase is personal to you and may not be transferred, licensed, or sold.

9. Services and User Content Rights

You retain ownership of any content you submit to the Service. By submitting content, you grant the Service a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, create derivative work based upon, publicly display, publicly perform, and distribute your content. We will not use, share, or distribute Personal Identifiable Information (PII).

Limited License Granted by ilim. Subject to your compliance with these Terms, ilim grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless ilim has granted you written permission to do otherwise, for example on a trial or test basis). Further, ilim grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.
ilim Services Ownership. Subject to the limited license rights granted under these Terms, ilim and its licensors exclusively own all rights, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

10. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for and assume all risk arising from, your access to and use of such Third-Party Content.

11. Prohibited Activities

You agree not to engage in any activities that may disrupt or interfere with the proper functioning of the Service, including but not limited to hacking, data mining, or transmitting malware.

12. Termination

FastTrekker reserves the right to terminate or suspend your access to the Service at any time, with or without cause.

You may cancel your account at any time from within the FastTrekker application or by sending an email to us at support@ilim.ai, although you will still have to cancel any active subscriptions as stated in the Subscription and Promotional Offers section.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

13. Copyright Complaints and Repeat Infringer Policy

If you believe that anything on the Services infringes any copyright that you own or control, you may notify ilim’s designated agent at contact@ilim.ai.

If the content infringes rights protected by U.S. copyright laws, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to ilim for certain costs and damages.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

14. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Service is provided "as is" and “as available” without warranties of any kind, expressed or implied. FastTrekker does not guarantee the accuracy or completeness of any information on the Service.

We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.

15. Medical Disclaimers

the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
ilim is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing dietary practices, fasting, treatments or determining the effect of any specific treatment on a medical condition;
The Service is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
You should always consult a medical professional if you have any questions regarding a medical condition; and
You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

16. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ilim and its officers, directors, partners, employees, and agents (individually and collectively, the “ilim Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

You will promptly notify the ilim Parties of any third-party Claims, cooperate with the ilim Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the ilim Parties will have control of the defense or settlement, at ilim’s sole option, of any third-party Claims. This indemnity is in addition to, and not instead of, any other indemnities outlined in a written agreement between you and The Service or the other ilim Parties.

17. Limitation of Liability

FastTrekker shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the App.

To the fullest extent permitted by applicable law, neither The Service nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not The Service has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will The Service’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 greater of: (a) the amounts you have paid to The Service for use of the Services; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between The Service and you.

18. Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT OUT, IT REQUIRES YOU AND THE SERVICE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND THE SERVICE FROM SUING IN COURT. YOU AND THE SERVICE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For clarity, subject to the terms of this section 18 (Agreement to Arbitrate), this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last Updated date indicated at the top of these Terms.

Without limiting the preceding sentence, you have the right to opt out of binding arbitration by providing The Service with written notice of your desire to do so by email at notices@ilim.ai within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). In order to be effective, the Arbitration Opt-out Notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 21 (Governing Law and Venue).

These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

1. Initiating an Arbitration

Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process.

If you assert a Dispute against The Service, you will first contact ilim by sending a written notice of your Dispute to ilm by certified mail addressed to Ilim, Inc. PO Box 1703 Pleasanton, CA 94566 or by email to notices@ilim.ai. Your notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If The Service asserts a Dispute against you, ilim will first contact you by sending a written notice of ilim’s Dispute to you via email to the primary email address associated with your account. Ilim’s notice must (i) include the name of a ilim contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or ilim (a “Notice”).

If you and ilim cannot reach an agreement to resolve the Dispute within thirty (30) days after you or The Service receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or The Service first send the applicable Notice, so that the parties can engage in this informal dispute-resolution process.

2. Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules (the “AAA Rules”) will apply, which are available on the AAA’s website (adr.org). The applicable arbitration rules are amended by these Terms as follows:

(i) YOU AND THE SERVICE AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND THE SERVICE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against The Service or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(ii) For any arbitration you initiate, you will pay the consumer filing fee and The Service will pay the remaining AAA fees and costs. For any arbitration initiated by The Service, The Service will pay all AAA fees and costs.

(iii) For all arbitrations where the Disputes asserted are for $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (B) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

(iv) If you or The Service submits a dispute to arbitration and the arbitrator orders any exchange of information, you and The Service agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration. You and The Service agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(v) The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

(vi) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against The Service or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and The Service understand and agree that Coordinated Disputes may delay resolution of your or The Service’s Dispute.

3. Enforceability

If any portion of this section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this section 18 (Agreement to Arbitrate) is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 18 will be enforceable.

4. Changes Notwithstanding the provisions of section 22 (Other Terms), if The Service changes this section 18 (Agreement to Arbitrate) after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to notices@ilim.ai) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of The Service’s email to you notifying you of such change. In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this section 18 (Agreement to Arbitrate). By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Service in accordance with the provisions of the Terms you previously agreed to. If the Terms are otherwise modified, without changing this section 18 (Agreement to Arbitrate), you agree that modification will not create a new right to opt out of arbitration.

19. Modifying, Terminating the Service

We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

20. Changes to Terms

FastTrekker may update these Terms of Service at any time. It is your responsibility to review these terms periodically.

We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 18 (Agreement to Arbitrate), disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

21. Governing Law

These Terms of Service are governed by the laws of the state of California. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in the Northern District of California will have exclusive jurisdiction. You and The Service waive any objection to venue in any such courts.

22. Other Terms

These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between The Service and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Service and you regarding the Services.
If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.
These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only.
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without The Service’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The Service’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Service. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.

23. Feedback

The Service does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. See our Unsolicited Submissions Policy. If you provide ideas, suggestions, or other feedback about The Service or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. The Service does not waive any rights to use similar or related ideas previously known to The Service, developed by its employees, or obtained from other sources.

24. Contact Information

If you have questions about these Terms or the Services, please contact ilim by email at support@ilim.ai or write to us at PO Box 1703, Pleasanton, CA 94566.

25. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any ilim mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

Acknowledgment. The Terms are concluded between ilim and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
Scope of License. The license granted to you for our app under section 9 (Services and User Content Rights) of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
Warranty. We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 14 (Disclaimer of Warranties) of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 14 (Disclaimer of Warranties) , you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Liability. Subject to section 17 (Limitation of Liabilities) of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
IP Claims. Subject to section 17 (Limitation of Liabilities) of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, 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 you (i) 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 (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 24 ( Contact Information).
Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Global Addendum

1. Rights that Cannot be Excluded

If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Modifying and Terminating the Services

If we make a change or discontinue a Service that unreasonably disadvantages you or otherwise significantly disturbs the contractual balance between the parties, including changes to the essential characteristics of the Service, you can object by terminating your account and/or Recurring Subscription. If you terminate your Recurring Subscription in those cases, you may be entitled to receive a pro rata refund of amounts you have paid for the unused portion of your terminated Recurring Subscription.

Subject to the above, if you are located in Australia and terminate your Recurring Subscription in these cases, you will be entitled to a pro rata refund of the amounts you have paid for the unused portion of your terminated Recurring Subscription.

3. Governing Law

If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.

Notwithstanding section 18 (Agreement to Arbitrate) but subject to the above, if you are located in India and any Dispute cannot be subject to arbitration, courts in Bangalore shall have exclusive jurisdiction over such Dispute.

4. Alternative Indemnity

If you are located in Australia, section 15 (Medical Disclaimers) of the Terms will not apply to you, and this Alternative Indemnity section will apply instead.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ilim and its officers, directors, partners, employees, and agents (individually and collectively, the “ilim Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).

You will promptly notify the ilim Parties of any third-party Claims, cooperate with the ilim Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the ilim Parties will have control of the defense or settlement, at ilim’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ilim or the other ilim Parties.

5. Alternative to Arbitration

Section 18 (Agreement to Arbitrate) of the Terms will not apply to you if you are located in Canada or another jurisdiction outside of the U.S. where its arbitration and class action waiver provisions are prohibited by applicable law or otherwise not enforceable. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.

The exclusive jurisdiction and venue of any claim not otherwise subject to arbitration under section 18 (Agreement to Arbitrate) of the terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts; provided, however, that if you are located in a jurisdiction that prohibits the application of California law in a consumer contract or prohibits consumer contracts from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

6. Contracts Rights of Third-Parties for Users in Singapore

If you are located in Singapore, a person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.

7. Termination for Users in South Korea

If you are located in South Korea and under 19 years of age (the age of legal majority in South Korea), either you or your legal representative may cancel your account in accordance with section 15 ((Medical Disclaimers) above.