TERMS OF USE OF “HOLIMATE”

WELCOME to HolimateTerms and Conditions!

This website/App offers an online platform for individuals enabling them to create a profile to meet like-minded people, plan a trip together or show each other around the cities or places by becoming tour guides.

By using any of the Services and the App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Site/App and the Services. The terms form a legally binding agreement between you and Holimate in relation to your use of the Site/App and/ or the Services and apply to all users of the Services, whether registered or not, on the App. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service

As used in this Agreement, “www.holimate.co”, “we,” “us,” and “our” shall mean Holimate and its subsidiaries and affiliates. By accessing or using the services available through our app (the “Services”), you agree to be bound by these Terms of Service and our Privacy Policy currently found at Holimate.co of(term and conditions)andURL of (Privacy Policy) and incorporated herein by reference. TheseTerms do not alter in any way the terms or conditions of any other agreement you may have with Holimatefor products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorised to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services provided through the App, and you agree to be bound by such modifications or revisions. Although Holimatemay attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our website/app thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder. These Terms of Service govern your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials and any “collections” or “canvases” of the foregoing (collectively, the “Content”), uploaded, transmitted, tagged or posted (altogether, “Posted”)

This Service and is available only to individuals above 18 years of age. By using any of the Services and the Website/App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website/App and the Services. The terms form a legally binding agreement between you and www.holimate.co in relation to your use of the Website/App and/ or the Services and applies to all users of the Services, whether registered or not, on the App. For EU users our services and terms are in compliance with Economic Directives 2002.

ElectronicCommunications

When you send e-mails or electronically chat with Holimate, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Holimateprovides to you electronically satisfy legal requirement that such communications be in writing.

In App Purchases

Holimateallows users to buy premium membership/subscription which allow users to chat with people who cannot pay for their own trips or who can pay only for themselves.If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g. Apple, Android, etc.) (“your IAP Account”), and your IAP. Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.

Subscription may not be transferred or used for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Subscription may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Subscription cannot be refunded or exchanged for cash or any other tangible value.

Holimatemay manage, regulate, control, modify or eliminate your Subscription in our sole discretion, and Holimatewill have no liability to you or anyone for exercising those rights. In addition, all Subscription are unconditionally forfeited if your Google Playor iOS App Store account is terminated or suspended for any reason, in Holimate’ssole discretion; or if Holimatediscontinues any Holimateor any portion or feature of any Holimate.

Holimatehas no liability for hacking or loss of your Subscription. Holimatehas no obligation to, and will not, reimburse you for any Subscription lost due to your violation of these Terms of Use. Price and availability of Subscription are subject to change without notice.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to by you. Holimatemay revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT HOLIMATEIS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTION WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Communications And Submissions and Scope of Service

Generally

Without limiting the scope of these Terms of Use, you agree to comply with Google Play, or iOS App Store Guidelines when you submitting forum posts and other content via Holimate. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Holimate. Content standards may vary depending on where you are within the expectations of the relevant app community. You should always act in most respectful wayin submitting any content, such as a review or post to any forums private messages and videos or message boards, within a Holimate.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at http://japan.holimate.co/en_USand ensure that you log out from your account at the end of each session.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Holimate, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Holimatedoes not endorse, approve, or prescreen any content that you or other users post or communicate on or through Holimate. Holimatedoes not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Holimate. You agree to indemnify Holimateand each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Holimate.

You are solelyresponsible for settling the disputes with other users, Holimate does not assist its users in resolving any kind of disputes among themselves.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Holimateaccount(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal.
  • Harassing or threatening any other user of a Holimateor any employee or contractor of Holimate.
  • That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Service;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • Impersonating another person, indicating that you are a Holimateemployee or a representative of Holimate(if you are not), or attempting to mislead users by indicating that you represent Holimatein any way.
  • Attempting to obtain a password, other account information, or other private information from any other user of a Holimate.
  • Uploading any software, files, photos, images or any other content to a Holimatethat you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Holimate.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Holimaterepresentatives.
  • Posting or communicating any player’s real-world personal information within a Holimate.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Holimate, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a Holimate, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any Holimatesecurity feature or any feature that restricts or enforces limitations on use of or access to a Holimate.
  • Attempting to sell any part of a Holimate, including, without limitation, any Subscription (if applicable), Holimateaccounts and access to them in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that Holimatedeems to be in conflict with the spirit of Holimate.

You are solely responsible for your interactions with other users. You understand that the we currently do not conduct criminal background checks or screenings on its users. The Holimatealso does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The Holimatemakes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The Holimatereserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

In no event shall the we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. We recommend users to know each other on platform before meeting in person or planning a trip together.

You understand that we make no guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

Holimate does not endorse or allow any kind of sexual/erotic activity or services on the platform. Using the platform for such services may lead to the suspension of the account.

Holimatedoes not organize any meetings or assist its users for their travels. You acknowledge and agree that it shall be your sole responsibility to organize meetings and travels.

You are solely responsible for the content and information that you share, post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Holimateor any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

Suspension And Termination Of Account And Service

Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. You understand and agree that the Holimatemay, but is not obligated to, monitor or review any Content you post as part of a Service. We do not guarantee that the app or any content contained on the app will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. Holimatereserves the right to investigate, suspend and/or terminate your account if you have misused the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • impersonate any person or entity.
  • solicit money from any users.
  • “stalk” or otherwise harass any person.
  • express or imply that any statements you make are endorsed by the us without our specific prior written consent.
  • use the Service in an illegal manner or to commit an illegal act;
  • access the Service in a jurisdiction in which it is illegal or unauthorized;
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
  • interfere with or disrupt the Service or the servers or networks connected to the Service.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Holimateto collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Holimate, or otherwise exploit your participation on or through any Holimatefor any commercial purpose.

Customer Reviews

You may submit reviews regardingHolimate. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use and the Google Play& iOS App Store Review Guidelines.

When you post a review, Google Playor iOS App Store may display your rating of the Holimate, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

HolimateSoftware

We may require that you download certain software from Holimate, its principals or its licensors onto your device (“HolimateSoftware“). Subject to your compliance with these Terms of Use, Holimategrants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the HolimateSoftware. The HolimateSoftware is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the HolimateSoftware.

NEITHER HOLIMATE, NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY HOLIMATE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE HOLIMATE SOFTWARE AND HOLIMATE UNLIMITED, RESIDES WITH YOU.

Social Network Sites

Holimatehasability to connect with Social networking platforms. You may share the content on all partnered social networking sites.

Holimatemay manage, modify or eliminate the partnership with any of the social networking sites at any time.

Third Party Links And Third Party Content And Services

Any and all software, content and services (including advertising) within a Holimatethat are not owned by Holimateare “third party content and services.” Holimateacts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Holimatemay include videos or links to sites or other apps operated by third parties, including advertisers and other content providers. Those sites/apps may collect data or solicit personal information from you. Holimatedoes not control such sites/apps, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

Supplemental Policies

Holimatemay publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein contain the entire understanding of you and Holimate, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

No Waiver

The failure of Holimateto require or enforce strict performance by you of any provision of these Terms of Service or the HolimatePrivacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Holimate’sright to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Holimateof any provision, condition, or requirement of these Terms of Service or the HolimatePrivacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Holimateshall be deemed a modification of these Terms of Service, or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Holimate.

Violation Of These Terms Of Use

If you violate our Terms of Use, Holimatereserves the right, in its sole discretion, to immediately terminate your participation. You acknowledge that Holimateis not required to notify you prior to terminating any such account.

Intellectual Property Rights

The names and logos, and other graphics, logos, icons, and service names associated with the Holimateare trademarks, registered trademarks or trade dress of Holimateor its licensors or principals in the Malaysia and/or other countries. Holimate’strademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Holimate, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Holimate. The compilation of all content on the Holimateis the exclusive property of Holimateand is protected by laws of Malaysia and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Holimateunless we have expressly authorized you to do so in writing. All other trademarks not owned by Holimatethat appear on the Holimateare the property of their respective owners, who may or may not be affiliated with or connected to Holimate. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Holimate, you agree to indemnify and hold harmless Holimateand its employees, contractors, officers, directors, agents, representatives, vendors, and content providers. Also, please note that you may be liable for damages (including costs and attorney/lawyer’s fees) if you make a false claim copyright infringement.

For the users in Unites states of America the Intellectual property rights are in compliance with Digital Millennium Copyright Act (“DMCA”) of United States of America <(set forth in Section VII(B)) ( 17 U.S.C 512(c)(3) >

Limitations On Warranties And Liability

WE DO OUR BEST TO PROVIDE YOU THE BEST POSSIBLE SERVICE, HOWEVER WE HAVE NO CONTROL OVER ACTIONS OF USERS WHO USE OUR SERVICE, AS DESCRIBED ABOVE IN “COMMUNICATIONS AND SUBMISSIONS AND SCOPE OF SERVICE”, WE HOLD NO RESPONSIBILITY TOWARDS THE BEHAVIOUR OR ACTIONS OF THE USERS OUTSIDE OUR PLATFORM AND HOLIMATE SHALL NOT BE LIABLE FOR ANY SUCH ACTIONS EXPRESSED HEREIN.

YOU EXPRESSLY AGREE THAT THE USE OF ANY HOLIMATE SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL HOLIMATE AND HOLIMATE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOLIMATE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE HOLIMATE SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE HOLIMATE, HOLIMATE SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM HOLIMATE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HOLIMATE IS TO STOP USING THE HOLIMATE SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR HOLIMATE ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT HOLIMATE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A HOLIMATE BY, ANY HOLIMATE USER. IN NO EVENT SHALL HOLIMATE’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HOLIMATE FOR YOUR PARTICIPATION IN ANY HOLIMATE. IN NO CASE SHALL HOLIMATE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF HOLIMATE SOFTWARE. BECAUSE SOME STATES/REGIONS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES/ REGIONS OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HOLIMATE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HOLIMATE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF HOLIMATE AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES/APPS, AND THAT THE RISK OF USING OR ACCESSING HOLIMATE OFFERINGS AND HOLIMATE SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold harmless Holimateand its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Holimate. Without limiting your indemnification obligations described herein, Holimatereserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Other Legal Terms

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Holimaterelating to this subject matter, and cannot be changed or terminated orally.

Applicable Law, Jurisdiction, And Venue

  1. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Malaysia, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Kuala Lumpur. the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Kuala Lumpur. This Agreement shall be governed by the internal substantive Section 11 of the Contracts Act 1950 of Malaysia and other laws ofMalaysia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Kuala Lumpur for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
  2. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the The Malaysian Arbitration Act 2005 (AA). For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Arbitration Act 2005 (Sections 11 and 19 of the AA) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Arbitration Act 2005 (Sections 11 and 19 of the AA) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Force Majeure

Holimateshall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Holimate, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Holimate’scontrolsuch as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.