Terms and Conditions
1. Intro and Definitions
These Terms of Use (the “Terms”) apply and govern your usage of Virtue Map. Please review them attentively. By clicking the “Start now” button or advancing through any screen/feature/button directly referring to these Terms and thereby providing consent, you affirm your agreement to adhere to these Terms.
Should you disagree with any part of these Terms, refrain from using Virtue Map.
– PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, MANDATING THAT DISPUTES ARISING FROM YOUR USE OF VIRTUE MAP BE SETTLED THROUGH ARBITRATION (NOT IN COURT) ON AN INDIVIDUAL BASIS (NOT THROUGH CLASS ACTION). ARBITRATION LACKS A JUDGE OR JURY AND HAS LIMITED APPELLATE REVIEW COMPARED TO COURT. ARBITRATION IS THE SOLE VENUE FOR ALL DISPUTES RELATING TO YOUR USAGE OF VIRTUE MAP AND IS COMPULSORY, WITH CERTAIN EXCEPTIONS DETAILED IN THE RELEVANT SECTIONS (FOR INSTANCE, YOU HAVE THE RIGHT TO DECLINE AND NOT BE BOUND BY THE ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER CLAUSES, WITHIN 30 DAYS OF ACCEPTING THESE TERMS).
– YOUR SUBSCRIPTION TO VIRTUE MAP WILL AUTOMATICALLY RENEW UNLESS CANCELED, AS FURTHER ELABORATED IN THE RELEVANT SECTIONS
1.1. “Account” means the result of the Buyer’s registration process, where a personal account is created, where the Buyer’s data is stored.
1.2. “Additional Content” means additional digital content which may be made available for an additional fee to the Buyer who has purchased a subscription to the Content. Additional Content is available via the Website, Mobile App or sent to the Buyer’s e-mail address.
1.3. “Agreement” means the distance agreement for the sale of Content/ Additional Content/ Services between the Buyer and the Seller in accordance with the procedure set out in the Terms. This Agreement is not intended to create, and does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
1.4. “Buyer” means a natural or legal person who uses the Website/Mobile App and purchases Content/Additional Content/Services from the Seller. The Buyer shall be deemed to be only a natural or legal person who, in accordance with the applicable law, is entitled to use the Website/Mobile App and purchase Content/Additional Content/Services without additional consent.
1.5. “Consumer“ means the Buyer who is a natural person and who purchases Content/Additional Content/Services for purposes unrelated to his or her business, trade, craft or profession (consumer purposes).
1.6. “Content” means the digital content made available to the Buyer in accordance with these Terms through the purchase of a subscription. The Content is available via the Mobile App or sent to the Buyer’s e-mail address or by any other means specified in the Content description.
1.7. “Mobile App” means the mobile app used by the Buyer when purchasing Content and/or Additional Content in accordance with these Terms.
1.8. “Order” means the Buyer’s expressed wish to purchase the Content/Additional Content/Services on the Website/Mobile App or by email.
1.9. “Parties” mean the Buyer and the Seller together.
1.10. “Party” means the Buyer or the Seller.
1.11. “Services” means the services offered on the Website/Mobile App or by email, which may be purchased by the Buyer for a specified additional fee. These services may only be purchased by the Buyer who has also purchased the subscription to the Content.
1.12. “Privacy Policy” means the privacy policy that can be found at www.virtuemap.com.
1.13. “Seller, the Company” means 360 Mind, UAB, legal entity code 305832192, VAT number LT100014226712, address Aludariu str. 5-66, LT-01113 Vilnius, the Republic of Lithuania, e-mail [email protected]. Data about the Seller shall be collected and stored in the Register of Legal Entities.
1.14. “Subscription” means a subscription to the Content for a period selected by the Buyer in accordance with these Terms.
1.15. “Terms” means these general terms and conditions for the use of the Website/Mobile App and for the purchase of Content/Additional Content/Services.
1.16. “Third Party” means any natural or legal person who is not the Party to the Agreement.
1.17. “Website” means the website located at www.virtuemap.com.
2. Application
2.2. By accepting these Terms, the Buyer confirms that the Buyer has read these Terms in detail, agrees to their terms, conditions, and undertakes to abide by them in the use of the Website/Mobile App and the purchase of the Content/Additional Content/Services.
2.3. By purchasing the Content/Additional Content/Services, the Buyer also confirms that the Buyer has read and familiarized themselves with the Privacy Policy.
2.4. If the Buyer does not agree to these Terms, the Buyer should not use the Website/Mobile App and/or purchase the Content/Additional Content/Services.
2.5. The Seller assumes no risk or liability if the Buyer has not read these Terms in whole or in part, even if given the opportunity to do so.
2.6. If the Seller has entered into a separate agreement with the Buyer, the provisions of the separate agreement apply to the purchase of the Content/Additional Content/Services and these Terms apply only to the extent consistent with the requirements of said agreement.
2.7 The current version of the Application is 2.0.
3. Account
3.1. If available, the Buyer can only create his/her Account using the Mobile App. During the registration process, the Buyer must enter their full name, specify other data necessary for the execution of the Orders and create a password.
3.2. The Buyer is responsible for the security of the Account password. Any actions performed on the Buyer’s Account will be deemed by the Seller to be the actions of the Buyer. The Seller shall not be held liable for any loss or damage resulting from the Buyer’s failure to comply with the obligations set out in this section of these Terms.
3.3. The Buyer undertakes to inform the Seller immediately if they become aware of any unauthorized access to the Buyer’s Account.
3.4. The Buyer has the right to delete his Account at any time.
3.5. The Account shall be automatically removed if the Buyer has not logged in for (five) 5 years since the last login.
3.6. The Buyer understands and agrees that the Buyer does not have ownership rights to the Account. The Seller has the right to cancel, delete or block the Buyer’s Account and delete all content associated with the Account at any time and without prior notice if the Seller believes that the Buyer has violated these Terms and/or applicable legislation. After the actions referred to in this clause have been taken, the Buyer will be informed of them within a reasonable period of time by the e-mail address specified in the Account.
4. Conclusion of The Agreement
4.1. The Agreement shall be concluded upon submission of the Order by the Buyer and payment for it. Once the Buyer has paid for the Order, an Order Confirmation will be sent to the Buyer by email.
4.2. The Buyer shall pay for the Order in accordance with the procedure set out in these Terms.
4.3. The Buyer may receive informative messages at the e-mail address and/or telephone number provided by the Buyer, which are necessary for the execution of the Order.
4.4. It is the responsibility of the Buyer to ensure that the data provided by the Buyer for the Order is accurate, correct, and complete. If the data provided by the Buyer at the time of registration of the Account changes, the Buyer must update it without delay. In no event shall the Seller be liable for any damage caused to the Buyer and/or Third Parties because of the Buyer’s provision of incorrect and/or incomplete personal data, or failure to amend and update the data after the data have changed.
4.5. By accepting (agreeing to) these Terms the Buyer agrees that in exceptional cases, under objective circumstances, the Seller may not approve an Order, or may cancel and void an approved Order, by refunding to the Buyer all sums paid for the Content/Additional Content/Services, including but not limited to, technical error, other objective reasons beyond the Seller’s control, the Seller is unable to fulfil the Order or the fulfilment of the Order would take an unreasonably long time. The Buyer shall be immediately informed of the termination of the execution of the Order or the change of the delivery date of the Content/Additional Content/Services via the e-mail address indicated by the Buyer. If the Buyer does not agree with the changed delivery date, the Order shall be cancelled, and the Buyer shall receive a full refund of the amount paid for the Content/Additional Content/Services.
4.6. If the Buyer starts placing an Order but does not complete it, i.e., does not make the payment, the Agreement shall be deemed not to have been concluded.
5. Rights and Obligations of The Buyer
5.1. The Buyer has the right to use the Website/Mobile App and purchase the Content/Additional Content/Services in accordance with these Terms.
5.2. The Buyer has the right to use the Content/Additional Content/Services in accordance with these Terms.
5.3. The Buyer undertakes:
5.3.1. to use the Website/Mobile App and purchase the Content/Additional Content/Services in good faith, without violating these Terms and applicable legislation;
5.3.2. not to use the Website/Mobile App for any purpose that is unlawful or prohibited by these Terms or that could cause damage to the Seller or Third Parties;
5.3.3. not to use the Content/Additional Content/services for any purpose that is unlawful or prohibited by these Terms or that could cause damage to the Seller or Third Parties;
5.3.4. not infringe the intellectual property rights of the Seller and/or Third Parties
5.3.5. to provide only correct data when purchasing the Content/Additional Content/Services;
5.3.6. if any data provided in the Account are incorrect or changed, to update the data when placing a new Order. The Seller shall not be liable for any damage caused to the Buyer and/or Third Parties if the Buyer provides inaccurate, incorrect, incomplete data in the Account, or does not promptly correct the changed personal data;
5.3.7. not to disclose Account login details to Third Parties. If the Buyer loses login details, the Buyer must immediately inform the Seller;
5.3.8. not to use the identity of a Third Party, create Accounts in the name of non-existent persons and/or publish any personal information related to a Third Party;
5.3.9. to pay for the Content/Additional Content/Services ordered in accordance with these Terms;
5.3.10. not to take any action aimed at misappropriating information or data belonging to the Seller or to Third Parties, or at affecting the operation and technical functions of the Website/Mobile App;
5.3.11. not to take any action that unreasonably or disproportionately burdens the operation of the Website/Mobile App;
5.3.12. not to use any device, software or procedure that interferes with or attempts to interfere with the proper operation of the Website/Mobile App;
5.3.13. not to take any action that violates or threatens the security of the Website/Mobile App;
5.3.14. to comply with any other obligations set out in these Terms and applicable legislation.
6. Rights and Obligations of The Seller
6.1. The Seller has the right:
6.1.1. to indefinitely block or cancel the Buyer’s Account without prior notice to the Buyer if it becomes aware that the Buyer is in breach of the obligations set out in Clause 5.3 of these Terms. The Seller’s decision to block and/or cancel the Account depends on the extent and duration of the breach and whether the breach is of substantial importance to the Seller’s business. In the event that the Buyer’s Account is blocked or cancelled, the Buyer will be notified within a reasonable period of time by the email address specified in the Account;
6.1.2. permanently discontinue the operation of the Website/Mobile App without prior notice to the Buyer. In such case, the Orders placed before the termination of the operation shall either be executed in full, or the Buyer shall be informed of the termination of the operation of Website/Mobile App and shall be refunded a proportionate part of the price paid by the Buyer for the remaining unused subscription period.
6.2. The Seller undertakes:
6.2.1. to execute the Orders placed in accordance with the procedures set out in these Terms;
6.2.2. to enable the Buyer to use the purchased Content/Additional Content/Services under the conditions set out in these Terms;
6.2.3. to respect the privacy of the Buyer and to process the Buyer’s personal data only in accordance with these Terms, the Privacy Policy and the applicable legislation;
6.2.4. to comply with any other obligations set out in these Terms and applicable legislation.
7. Content/Additional Content/Services
7.1. Offers to purchase the Content/Additional Content/Services and the prices given shall be valid for as long as they are visible on the Website/Mobile App, except in special cases where the duration of validity of the offer is clarified on the Website/Mobile App. Offers to purchase the Content/Additional Content/Services made by e-mail and the prices quoted shall be valid for the period of time specified in the e-mail offer.
7.2. To the extent permitted by applicable law, the Seller shall have the right to change the subscription price for Content at any time. The Buyer will be notified of any changes to the subscription price of the Content by email or other means as provided in the Terms. If the Buyer does not agree with the changed subscription price for the Content, the Buyer shall have the right to terminate the subscription prior to the changes coming into effect by informing the Seller by email to [email protected].
7.3. Content, Additional Content, Services may be subject to various discounts at the Seller’s discretion.
7.4. All information about the Content/Additional Content/Services, their features, prices and additional costs, if any, are set out on the Website/Mobile App or in the email in which the offer to purchase the specific Content/Additional Content/Services was made.
7.5. To access and use the Content, the Buyer must have an internet connection, create an Account, unless registration is optional, and pay the indicated price.
7.6. Subscriptions to the Content are ongoing – a specific subscription period is ordered. The subscription is renewed automatically for the same period as ordered until the Buyer cancels his/her subscription unless access to the Content is purchased for a specific period for a one-off fee.
7.7. The Buyer has the option to purchase a subscription to the Content for the following periods: 1 month, 3 months, 6 months, 12 months.
7.8. The Buyer also has the option to purchase access to the Content for a period of 3 years for a one-off fee specified by the Seller.
7.9. Upon purchase of a subscription to the Content, the Buyer will be sent, together with the confirmation of the order, the login details for the Mobile App, which will allow the Buyer to use the Content during the subscription period.
7.10. The Buyer may unsubscribe from the Content at any time, but no later than 24 hours before the automatic renewal of the subscription, by contacting the Seller by email at [email protected].
7.11. Upon cancellation of the subscription, the Content may be used by the Buyer until the end of the period for which the Buyer has already paid.
7.12. Money-Back Guarantee:
If the Buyer does not achieve visible results from the proper use of the Content, subject to all the following conditions, the Buyer may apply to the Seller for a money back guarantee.
Procedure for requesting a refund:
– If the Buyer purchased a plan with the trial period and doesn’t cancel the plan during the trial, the Content is non-refundable.
– If there was no trial period upon purchase the Buyer must contact the Seller within 10 calendar days of the first purchase of the Content in order to receive a refund for the Content;
– The Buyer must provide the Seller with the reasons why he/she considers the Content to be unsuitable for him/her, and provide evidence that he/she has finished at least 7 lessons from the Virtue Map App;
– The Seller’s Customer Service Team will examine the Buyer’s request within 7 calendar days and make a decision on the refund/no refund to the Buyer;
– Approved refunds may take 14 calendar days to process.
The Buyer expressly understands that the money-back guarantee will not apply if:
– the Buyer did not follow the money-back guarantee procedure;
– the Buyer has refused to comply with instructions or provide requested assistance;
– the Buyer has not read the Terms before purchasing the Content;
– the Buyer purchased the Content by mistake or on the basis of incorrect assumptions;
– the Buyer changed his mind for non-technical reasons.
7.13. In the cases provided for in the Terms and in the cases provided for in mandatory legal provisions, the money shall be refunded to the Buyer to the bank account from which the subscription to the Content was paid. No refunds shall be made for subscriptions paid and expired, non-use, low use, dislike, or other subjective reasons.
7.14. The special promotional prices are only valid if you subscribe to the Content for the entire period specified in the promotional notice. In the event of cancellation before the time specified in the promotion terms, the Buyer will be liable to pay the difference between the regular subscription price and the price applicable during the promotion period for the entire promotion period, which difference will be deemed to be the Seller’s reasonable costs.
7.15. If the Content does not meet the quality requirements, the Buyer must contact the Seller with a request to rectify the defects. In such case, the Seller undertakes to remedy the defects within a reasonable period of time, except where it is impossible to do so, or the Seller would incur disproportionate costs in doing so. If the defect is material, or cannot be remedied, or has not been remedied by the Seller or has informed the Seller that it will not remedy the defect, or that it will cause serious inconvenience to the Buyer, the Buyer shall have the right to a proportionate reduction of the price or to unilateral termination of the Agreement.
7.16. The legal quality guarantee for one-off submissions of Content (Additional Content) is valid for a period of 2 years from the time of submission. In the case of continuous provision of Content, the Seller shall be liable for any non-conformity that arises or becomes apparent during the period of provision of the Content.
8. Payment for The Content/Services
8.1. The price applicable to the Customer’s Order shall be the price indicated on the Website/Mobile App or by email at the time of placing the Order.
8.2. The prices of the Content/Additional Content/Services, including the then applicable rate of value added tax (VAT) and other taxes, if any, shall be given in USD.
8.3. The Buyer may pay for the Content/Additional Content/Services by the methods specified at the time of checkout.
8.4. Less than 24 hours before the end of the subscription to the Content, the subscription amount will be automatically debited (automatic subscription renewal) until the Buyer informs the Seller by email to [email protected] of his/her wish to terminate the subscription 24 hours before the end of the subscription. If the price cannot be scanned at the time specified, an attempt will be made to scan the price later, but failure to scan or the accrual of arrears shall not in itself constitute a repudiation or termination of the Agreement unless expressly notified in accordance with clauses 7.10 or 11.1 of the Terms.
8.5. If the Buyer has not cancelled the automatic subscription renewal in accordance with the procedure set out in the Terms, but for any reason the Buyer’s bank account from which the subscription fee is automatically deducted cannot be debited, an appropriate one-off discount may be applied at the Seller’s option. In such case, the subscription to the Content shall be renewed subject to such discount, but the next automatic renewal of the subscription to the Content shall be in accordance with the normal procedure set out in the Terms.
8.6. By accepting these Terms and Conditions, you acknowledge and agree that we store or manage your payment information via third-party service providers selected for their strict adherence to the Payment Card Industry Data Security Standard (PCI DSS), ensuring the highest levels of data protection and security. These providers are responsible for the collection, storage, and retention of your payment methods and associated information, including credit card details, billing addresses, and transaction history. You retain the option to request modifications, updates, or the removal of your payment information from our records, understanding that such actions may impact your ability to utilize our services.
9. Intellectual Property Rights
9.1. All content of the Website/Mobile App, including all texts, graphics, images, photographs, any footage or visual material/recordings, trademarks, logos, other visual signs, illustrations, graphic design of the Website/Mobile App, software code and/or individual parts of all of the above mentioned objects, domains, etc. (hereinafter referred to as the “Seller’s Content”), is the Seller’s or a Third Party’s intellectual property, which is protected by the laws of the Republic of Lithuania and the international legal acts regulating the copyrights and the rights of intellectual property.
9.2. The Buyer understands that by using the Website/Mobile App and purchasing the Content/Additional Content, the Buyer does not acquire any rights to the Seller’s Content and/or the Content/Additional Content and may only use the Seller’s Content and/or the Content/Additional Content in accordance with these Terms. The Buyer may use the Seller’s Content and/or the Content/Additional Content without the consent of the Seller or a Third Party holding the relevant intellectual property rights for personal and informational purposes only i.e., the Seller’s Content and/or the Content/Additional Content may not, including but not limited to, be published, sold, rented, copied, displayed, modified, reproduced or used in any other way, except with the prior written consent of the Seller.
9.3. The Buyer who infringes the Seller’s or Third Parties’ intellectual property rights shall be liable to compensate for damages resulting from such infringement.
9.4 The Intellectual Property Right Policy may be found here.
10. Liability
10.1. The Parties shall be liable for non-performance of their obligations under these Terms in accordance with the procedures set out in these Terms and/or in accordance with the applicable legislation.
10.2. Subject to these Terms and to the extent permitted by law, the Seller may only be liable for direct losses suffered by the Buyer as a result of the Seller’s improper performance of the Seller’s obligations in providing the Content/Additional Content/Services. To the extent permitted by law, the Seller shall not be liable to the Buyer or to any other person for consequential damages or any loss of reputation, profits or revenue arising out of the use of the Content/Services.
10.3. The Seller shall be exempted from any liability in cases where the Buyer suffers losses because of the Buyer’s failure to read these Terms, the Privacy Policy and/or other information provided on the Website/Mobile App.
10.4. The Seller does not guarantee and is not responsible for the uninterrupted operation of the Website/Mobile App. The Buyer acknowledges that the Seller is not responsible for the internet access services.
10.5. The Seller does not warrant that the Content/Additional Content/Services will meet your expectations or that the availability of the Content/Additional Content/Services will be uninterrupted.
10.6. The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure circumstances. Force majeure circumstances shall be understood as defined in the applicable legislation.
11. Information on Withdrawal from The Agreement
11.1. Right of withdrawal: The Buyer has the right to withdraw from the Agreement within 14 days without giving any reason unless the provision of the Content/Additional Content/Services has been commenced with the Buyer’s prior consent and with the acknowledgement that the Buyer will lose the right to withdraw. The withdrawal period expires 14 days after the date on which the Agreement was concluded. To exercise the right of withdrawal, the Buyer must notify the Seller of its decision to withdraw from the Agreement by sending an unambiguous statement to the Seller by email to [email protected]. To comply with the withdrawal period, it shall be sufficient for the Buyer to send a notification of the exercise of his right to withdraw from the Agreement before the expiry of the withdrawal period. The right of withdrawal or termination of the Agreement shall not invalidate or negate the Buyer’s right to terminate the subscription to the Content in accordance with the procedure set out in Clause 7.10 of the Terms.
11.2. Consequences of withdrawal: if the Buyer withdraws from the Agreement and has not consented to the provision of the Content/Additional Content/Services before the expiry of the withdrawal period, the Seller will refund the money received from the Buyer without delay and in any event not later than 14 days from the date on which the Buyer has notified the Seller of its decision to withdraw. If the Buyer has agreed to the Content/Additional Content/Services being made available during the withdrawal period (14 days after the conclusion of the Agreement) and has acknowledged that the Buyer will lose his/her right to withdraw from the Agreement as a result of this, then the Buyer will not have the right to withdraw from the Agreement, but may terminate it in accordance with the procedure set out in Clause 7.9 of these Terms.
11.3. THE BUYER, BY PURCHASING THE CONTENT AND/OR ADDITIONAL CONTENT IN ACCORDANCE WITH THE TERMS, EXPRESSLY AGREES TO THE IMMEDIATE EXECUTION OF THE AGREEMENT AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE ENTITLED TO WITHDRAW FROM THE AGREEMENT ONCE THE SELLER HAS CONFIRMED THE PURCHASE AND THE BUYER HAS RECEIVED THE SAID CONTENT AND/OR ADDITIONAL CONTENT.
11.4. The right of withdrawal provided for in this section of the Terms shall apply to a Buyer who is a resident of the European Union and who is deemed to be a consumer under the applicable law.
12. Provision of Information
12.1. Notifications relating to the execution of the Order shall be sent to the e-mail and/or telephone number indicated by the Buyer. The Seller shall not be liable if the Buyer does not receive the sent information or confirmation messages due to internet connection, network disruptions of the email service providers, messages sent to the SPAM directory or incorrect data provided by the Buyer.
12.2. The Buyer may submit all notifications, claims, requests and questions to the Seller using the contacts provided in Clause 1.13 of these Terms.
13. Amendment of Terms
13.1. The Seller shall have the right to change, amend or supplement these Terms at any time. Unless otherwise provided, the Buyer shall be informed of any changes to the Terms on the Website/Mobile App and the changes to the Terms shall become effective immediately upon their publication on the Website/Mobile App. If the Buyer does not agree to the new Terms, the Buyer should no longer use the Website/Mobile App and should not purchase the Content/Additional Content/Services.
13.2. The current and valid version of the can always be found on the Website and/or the Mobile App.
13.3. The current and valid version of the Terms is always available on the Website/Mobile App. The version of the Terms in force at the time the Order is placed shall apply to the specific Order.
14. Applicable Law and Dispute Resolution
14.1. INFORMAL PROCESS FIRST
We’re all about resolving issues in a friendly and effective manner. If you have a problem with the Company, let’s chat first before taking any formal steps. Just drop us a quick note describing the issue, and let’s see if we can sort it out together.
14.2. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO BRING A LAWSUIT TO COURT.
a. Application of the Arbitration Agreement
Both you and the Company agree that any disputes, claims, or controversies arising between you and the Company regarding these Terms or your relationship with the Company as a Product user (whether contractual, tortious, statutory, fraudulent, misrepresented, or based on any other legal theory, and whether the claims arise during or after the termination of these Terms) will be resolved through mandatory binding individual arbitration, not through class action lawsuits. YOU AND THE COMPANY THUS WAIVE THE RIGHT TO LITIGATE DISPUTES IN COURT UNDER THESE TERMS (EXCEPT FOR MATTERS THAT CAN BE BROUGHT TO SMALL CLAIMS COURT OR FOR PROTECTING THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS, OR IF YOU EXERCISE YOUR 30-DAY RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS STATED BELOW). This Arbitration Agreement remains in effect even after the termination of these Terms.
b. Exception – Small Claims Court
Despite our preference for arbitration, either party can still seek relief in small claims court for disputes within its jurisdiction.
c. Exception – Protecting Company’s Intellectual Property
The Company reserves the right to seek injunctive or equitable relief from a court to stop (or enjoin) the infringement or misuse of its intellectual property.
d. Exception – 30-Day Opt-Out
You can opt out of this Arbitration Agreement (including the class action waiver) by sending written notice within 30 days of accepting these Terms; otherwise, you are bound to arbitration under these Terms.
e. Arbitration Procedure
Overview. Arbitration is less formal than court proceedings. It involves a neutral arbitrator instead of a judge or jury, limited discovery, and has less judicial review. The arbitrator can grant the same remedies as a court. The arbitrator is bound by this Arbitration Agreement. All matters are decided by the arbitrator, including the scope and enforceability of this Agreement. The arbitrator’s decision is final and binding, except for limited judicial review or if the arbitrator orders injunctive relief, which can be reviewed by a court.
Rules. Any arbitration between you and the Company follows the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement. The AAA Rules and instructions for filing an arbitration are available at www.adr.org or by calling 1-800-778-7879.
Initiating Arbitration. Either party can start arbitration proceedings. If you choose arbitration, you must first notify the Company in writing (“Notice”). The Notice should describe the claim or dispute and the relief sought. If no agreement is reached within 30 days of receiving the Notice, either party may initiate arbitration. Claims can be filed by mail, online, or at AAA offices.
Fees. Filing fees are required for arbitration. Each party is responsible for its own attorneys’ fees unless provided otherwise by arbitration rules or law. The arbitrator can decide fee disputes.
Documents-Only Procedure, Videoconference. Disputes under $25,000 are resolved through document submission unless a party requests a hearing or the arbitrator deems it necessary. Other hearings are conducted via videoconference if possible; otherwise, in-person hearings will be determined by the arbitrator.
Language. The arbitration is conducted in English.
Decision. The arbitrator issues a written decision explaining the findings and conclusions. Settlement offers are not disclosed until after the arbitrator’s final decision.
Timeline. The arbitrator must issue a decision within 30 days of closing the hearing or, for document-only procedures, 14 days after receiving final statements and evidence.
f. No Class or Representative Proceedings; Class Action Waiver
YOU AND THE COMPANY AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot consolidate claims or preside over class or representative proceedings. If this provision is unenforceable, the entire arbitration provision is void.
g. Confidentiality
Arbitration documents and information are confidential and may only be disclosed to necessary parties or as required by law.
h. Interpretation and Enforcement of the Arbitration Agreement
If the agreement is invalidated, disputes are resolved by a competent court according to applicable law.
14.3. These Terms and the purchase of the Content/Additional Content/Services shall be governed by the law of the Republic of Lithuania unless otherwise provided by applicable legislation.
14.4. For any other disputes arising out of these Terms or the Content/Additional Content/Services for sale shall be settled and referred to the competent courts of the Republic of Lithuania, unless otherwise provided for by the applicable legislation. Where the Buyer is not a consumer as defined under applicable legislation, disputes shall be settled in the first instance by the competent court in Vilnius.
14.5. If the Buyer has a complaint, the Buyer can also outline and submit it to the Seller at the contacts specified in these Terms. The Seller undertakes to respond to such claims of the Buyer within 14 (fourteen) calendar days from the date of receipt of the Buyer’s request.
15. Final Provisions
15.1. The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure. Force majeure shall be understood as defined in the applicable law.
15.2.The Seller may assign all its rights and obligations under these Terms without the consent of the Buyer, who is a Consumer, provided that such assignment does not impair the Buyer’s position under these Terms and does not diminish the guarantees afforded to them.
15.3. The Website/Mobile App may contain hyperlinks to other websites and content controlled by Third Parties. The Buyer understands and agrees that the Seller shall not accept any responsibility for the content of Third Parties. A hyperlink from the Website/Mobile App to the content of Third Parties does not imply that the Seller endorses or is responsible for such content. The Buyer is solely responsible for their use of the content of Third Parties and does so at their own risk. The Seller makes no guarantees or statements whatsoever with respect to the content of Third Parties. The Buyer understands that any information that can be accessed through hyperlinks to other websites is the sole responsibility of the Third Party who provided that content.
Last updated: 2023-04-04