MinionBuilders Terms

Terms and Conditions of MinionBuilders.com

These Terms govern

the use of this Website and,
any other related Agreement or legal relationship with the Owner

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Website is provided by:

LaunchNinjas, Inc. dba. MinionBuilders.com

2150 South Central Expressway, Suite 200,

McKinney, TX 75072

Owner contact email: support@MinionBuilders.com

What the User should know at a glance

Please note that some provisions in these Terms may only apply to specific categories of Users. In particular, certain requirements may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Usage of this Website and the Service is age-restricted: To access and use this Website and its Service, the User must be an adult under applicable law.
The right of withdrawal only applies to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios, and such cases are additionally indicated in this document.

By using this Website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be recognized as adults by applicable law;

Account Registration

To use the Service, Users must register or create an account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause the Service to be unavailable.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities under their username and password.

Users must immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by doing the following:

You can contact the Owner directly using the contact details provided in this document.

Account suspension and deletion

At its sole discretion, the Owner reserves the right to suspend or delete user accounts at any time and without notice that it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless otherwise specified or recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website does not infringe any applicable legal provisions or third-party rights. However, such a result may not always be possible.

In such cases, without prejudice to Users' legal prerogatives to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Therefore, users may not use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy, and share some content available through this Website for its sole personal and non-commercial use provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each third party's terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected of engaging in any of the following activities:

Violate laws, regulations, and these Terms;
Infringe any third-party rights;
Considerably impair the Owner's legitimate interests;
offend the Owner or any third party.

“Tell-a-friend”

This Website allows Users to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Website.

To take advantage of this offer, Users may invite others to purchase the Products on this Website by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.

If any of the persons invited redeems a tell-a-friend code upon purchasing the Products on this Website, the inviting User shall receive the advantage or benefit (such as a price reduction, an additional service feature, an upgrade, etc.) specified on this Website.

Tell-a-friend codes may be limited to specific Products offered on this Website.

The Owner reserves the right to end the offer at any time.

While no general limitation applies to the number of persons that can be invited, the number of advantages or benefits that each inviting User can receive may be limited.

Software license

The Owner and/or its licensors hold any intellectual or industrial property rights and any other exclusive rights in software or technical applications embedded in or related to this Website.

Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and any other technical means embedded in the Service within the scope and for this Website and the Service offered.

This license does not grant Users any rights to access, use, or disclose the original source code. All techniques, algorithms, and procedures contained in the software and any related documentation are the sole property of the Owner or its licensors.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:

The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Website as part of the Service are based on payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While products on this Website are presented with the best technical accuracy possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only. It implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps are taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.
After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

The submission of an order determines the contract conclusion and, therefore, creates the obligation for the User to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
If the purchased Product requires the User to take action, such as providing personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed about any fees, taxes, and costs (including, if any, delivery costs) they will be charged during the purchasing process and before order submission.

Prices on this Website are displayed as follows:

Either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.

Offers and discounts

The Owner may offer discounts or special offers to purchase Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.

Offers and discounts are always granted at the Owner's sole discretion.

Repeated or recurring offers or discounts do not create any claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the Owner's time zone, as indicated in the Owner's location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If the conditions applicable to Coupons are breached, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed on the corresponding information page or the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

Each Coupon is only valid when used in the manner and within the timeframe specified on the Website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and, therefore, may only be applied a single time, even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Reproduction, counterfeiting, and commercial trade of the Coupon are strictly forbidden, as is any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available, subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect payment information—such as credit card details—but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is rejected, the Owner reserves the right to claim any related expenses or damages from the User.

Payment of price in installments

The purchase price payment may be settled in two or more installments within the deadlines specified on this Website or otherwise communicated by the Owner.

Specific Products may be excluded from this payment model.

If the User fails to meet any payment deadlines, the outstanding amount shall become immediately due and payable.

Authorization for future PayPal payment

If Users authorize the PayPal feature, which allows future purchases, this Website will store an identification code linked to the User's PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time by contacting the Owner or changing the user settings offered by PayPal.

Retention of Product Ownership

Until the Owner receives payment of the total purchase price the Owner receives, any Products ordered shall not become the User's property.

Retention of usage rights

Users do not acquire rights to use the purchased Product until the Owner receives the total purchase price.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Website is delivered via download on users' chosen device(s).

Users acknowledge and accept that to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Lifetime subscription

Lifetime subscriptions last for the entire lifetime of the subscribed Product. Paid lifetime subscriptions start on the day the Owner receives payment. They only expire if and when the relevant Product is discontinued.

Open-ended subscriptions

Paid subscriptions begin on the day the payment is received by the Owner.

Users must pay the required recurring fee on time to maintain subscriptions. Failure to do so may cause service interruptions.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending an unambiguous termination notice to the Owner using the contact details provided in this document or—if applicable—using the corresponding controls inside this Application.

Terminations shall take effect one day after the Owner receives the termination notice.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days) for any reason without justification. This section explains the withdrawal conditions.

Who does the right of withdrawal apply to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case for any reason and without justification.

Users must meet this qualification to benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send an unequivocal statement to the Owner of their intention to withdraw from the contract.

To this end, users may use the model withdrawal form available in this document's "definitions" section. However, users are free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. Users must send the withdrawal notice before the withdrawal period expires to meet the deadline within which they can exercise such right.

When does the withdrawal period expire?

If you purchase digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day the contract is entered into unless the User has waived the withdrawal right.

Effects of withdrawal

The Owner will reimburse users who correctly withdraw from a contract for all payments made to the Owner, including, if any, those covering the delivery costs.

However, any additional costs resulting from choosing a particular delivery method other than the least expensive standard delivery offered by the Owner will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, by 14 days from the day the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees due to such reimbursement.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days) for any reason and without justification.

Users who do not qualify as consumers cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, users may use the model withdrawal form in this document's "definitions" section. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. Users must send the withdrawal notice before the cancellation period expires to meet the deadline within which they can exercise such right. When does the cancellation period expire?

If you purchase digital content not supplied in a tangible medium, the cancellation period expires 14 days after the day the contract is entered into unless the User has waived the right to cancel.

Effects of cancellation

The Owner will reimburse users who correctly withdraw from a contract for all payments made to the Owner, including, if any, those covering the delivery costs.

However, any additional costs resulting from choosing a particular delivery method other than the least expensive standard delivery offered by the Owner will not be reimbursed.

Guarantees

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualify as Consumers and have a right to receive goods that conform to the contract.

Legal guarantee of conformity for goods for Consumers in Brazil

The legal guarantee applicable to goods sold by this Website (both physical and digital) complies with the following terms, according to the Consumer Protection Code:

Non-durable goods shall have a thirty-day (14 days) guarantee; and
Durable goods shall have a ninety-day (90-day) guarantee.

The warranty period starts from the date of delivery of the goods.

The warranty is not applicable in cases of misuse, natural events, or if it has been subjected to any maintenance other than that provided by this Website.

Warranty claims may be made through the contact channels provided by this Website. If necessary, the Owner shall bear the costs of shipping the goods for technical assessment.

At its discretion, the Owner may also offer a contractual warranty in addition to the legal warranty. The regulations applicable to contractual warranties can be found in the specifications provided by this Website. If no such information is provided, only the statutory provisions shall apply.

Money-back-guarantee

Without prejudice to applicable statutory rights, the Owner grants Users the right to cancel a purchase they are unsatisfied with and obtain a refund.

The terms and conditions applicable to such offer can be found in the dedicated section of this Website.

The above does not affect the Users' rights to seek remedy free of charge in the event of a lack of conformity of the Product under applicable law.

Liability and indemnification

Unless explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as the User has appropriately and correctly used this Website.

Unless damages have been caused by intent or gross negligence or affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the time the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services resupplied.

US Users

Disclaimer of Warranties

This Website is provided strictly on an "as is" and "as available" basis. Use of the Service is at the Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk, and Users shall be solely responsible for any damage to the User's computer system or mobile device or loss of data that results from such download or Users' use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or Service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or malfunctioning with the User's web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent applicable law prohibits.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner's secure servers and/or any personal information stored therein;
any interruption or cessation of transmission to or from the Service;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
The defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this Agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent applicable law prohibits.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User's use of and access to the Service, including any data or content transmitted or received by User;
User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties outlined in these terms;
User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User's violation of any statutory law, rule, or regulation;
any content that is submitted from the User's account, including third-party access with the User's unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User's wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent applicable law allows.

Common provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision. No waiver shall be considered a further or continuing waiver of such or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and respect Users' rights relating to continued product use and/or compensation, as provided by applicable law.

Additionally, the Service might not be available for reasons outside the Owner's reasonable control, such as "force majeure" events (infrastructural breakdowns or blackouts, etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Service without the Owner's express prior written permission, granted directly or through a legitimate reselling program.

Privacy policy

Users may refer to this Website's privacy policy to learn more about the use of their Personal Data.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website, are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties concerning intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to the User onwards.

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship before the User's acceptance. The User can obtain any prior version from the Owner.

If legally required, the Owner will notify Users when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner concerning the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties relating to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be void, invalid, or unenforceable, the parties shall do their best to find an amicable agreement on valid and enforceable provisions, thereby substituting the void, invalid, or unenforceable parts.

In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions if so permitted or stated under the relevant law.

Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed clauses are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Brazil

Brazilian law will apply if the User qualifies as a Consumer in Brazil and the Product and Service is commercialized in Brazil.

Venue of jurisdiction

As displayed in the relevant section of this document, the courts of the place where the Owner is based have the exclusive competence to decide on any controversy resulting from or connected to these Terms.

Exception for Consumers in Europe

The above does not apply to any Users who qualify as European Consumers or those based in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil who qualify as Consumers.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner, who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner using the contact details provided in this document.

The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.

The Owner will process the complaint immediately within five days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes stemming from online contracts. The platform is available at the following link.

Definitions and legal references

Latest update: November 15, 2023

Brenda hosts this content and only collects the personal data strictly necessary for it to be provided.