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These Terms of Service (the “Terms”) govern the use of YuniQ’s services (the “Services”), which include its website, software, and mobile app, as well as any information, data, text, images, videos, audio files, content, and other materials uploaded to or downloaded from, stored on, obtained via, or transmitted through the Services (collectively, the “Content”).
Please read these Terms carefully. By accessing or using the Services or by clicking to accept the Terms when that option is made available to you, you agree to be bound by these Terms. If you do not agree, do not access, or use the Services.
YuniQ operates a technology platform that provides document generation and distribution services to customers. Users who create an account to use the Services may be referred to in these Terms as “Customers.” Content submitted by Customers may be referred to in these Terms as “Customer Data.” Service providers that offer underlying third-party services to the Customers may be referred to in these Terms as “Vendors.”
2.1. Compliance:
Compliance with laws and regulations is essential when using YuniQ’s Services. As a user, you bear full responsibility for your actions while utilizing the Services, regardless of whether those actions are authorized. This responsibility extends to all activities conducted through your account. It’s imperative that you adhere to these Terms of Service and abide by all relevant laws, rules, and regulations at the local, state, national, and international levels. Failure to comply with these requirements may result in consequences, including the termination of your access to the Services. Therefore, it is crucial to familiarize yourself with these Terms and ensure that your usage of the Services aligns with both the letter and the spirit of the law.
2.2. User Accounts:
To access any functionalities or features within our Services, it is imperative that you complete the registration process to create a user account. During this registration, you are required to furnish all requested information accurately and comprehensively. It is essential that the details provided are up-to-date and truthful to ensure the smooth functioning of your account and our platform’s services. By creating an account, you agree not to permit any other individual or entity to utilize your account credentials. You bear full responsibility for all actions undertaken through your account, and it is your obligation to safeguard the confidentiality of your username and password. We strongly advise the adoption of robust password practices, such as using a combination of uppercase and lowercase letters, numbers, and symbols. Additionally, employing a reputable password manager can enhance the security of your account.Please be aware that YuniQ cannot be held liable for any loss or damage resulting from your failure to adhere to these security
measures. In the event of a suspected security breach concerning your account, it is incumbent upon you to promptly notify YuniQ and take corrective action by modifying your login credentials. We reserve the right to revoke or repossess usernames at our discretion, with or without cause.
2.3. Use and Conduct Restrictions:
You are allowed to use the Services as long as you follow the basic rules described in these Terms. If YuniQ suspects that you have violated any of the rules below or elsewhere in these Terms, YuniQ has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (1) modify, copy, or create derivative works based on the Services; (2) license, sell, resell, lease, distribute, or otherwise commercially exploit as a standalone product, or make available to any third party, the Services, any component of the Services, or any Content not owned by you (unless the Content is expressly licensed to you for such purpose); (3) reverse engineer, decompile, or otherwise derive the source code and other intellectual property underlying the Services or attempt to do any of the foregoing (except to the extent applicable law prohibits restrictions on reverse engineering); (4) distribute via, or store on, the Services unlawful, offensive, or tortious material; (5) use the Services or the Content, or cause the Services or the Content, to infringe upon or violate any third-party intellectual property or other proprietary right; (6) attempt to gain unauthorized access to the Services, the Content, or the related systems or networks; (7) access or search, or attempt to access or search, the Services or the Content by any means (automated or otherwise) other than through currently available, published interfaces; (8) probe, scan, or test the vulnerability of any system or network related to the Services or breach or circumvent YuniQ’s security measures; (9) interfere with or disrupt the integrity or performance of the Services, the data contained therein, or the servers or networks connected to the Services; (10) send via, upload to, or store on the Services any viruses, worms, time bombs, trojan horses, or other harmful or malicious code, files, scripts, agents, or programs; (11) use the Services or the Content to spam, phish, pharm, pretext, spider, crawl, or scrape; (12) alter, remove, or suppress any copyright, trademark, or other proprietary notice displayed by the Services; (13) access the Services in order to build a competitive product or service or copy any features, functions, or other component of the Services; (14) use the Services to harass, defame, slander, or intimidate; (15) use the Services or the Content for any illegal or unauthorized purpose; and (16) engage in any act that YuniQ deems to be in conflict with the spirit or intent of the Services or these Terms.
2.4. Vendors:
As a customer utilizing our Services, you are solely responsible for the selection and engagement of your own Vendors. It is essential to understand that YuniQ operates solely as a technology platform, and as such, we assume no responsibility for any Vendor or the services they provide. This includes but is not limited to whether a Vendor’s platform, software, or services effectively integrate with our Services.By using our platform, you acknowledge and agree that the decision to work with a particular Vendor rests solely with you as the Customer. YuniQ does not endorse or warrant any Vendor or their services. Therefore, any issues or disputes arising from your relationship or interaction with a Vendor must be resolved directly between you and the Vendor.It is crucial to exercise due diligence when selecting Vendors and to ensure that their services meet your specific requirements and standards. YuniQ provides the technological infrastructure to facilitate your interactions with Vendors, but the responsibility for vetting and managing these relationships lies with you, the Customer.
2.5. Integration Tools:
As a user of our Services, you have the option to access and utilize various features and APIs provided by YuniQ. These tools are designed to enhance your experience and streamline your workflow. However, it’s important to note that by accessing or using any of these features, or APIs, you must adhere to all applicable terms, policies, and guidelines set forth by YuniQ. While we strive to provide reliable and effective integration tools, it’s essential to understand that YuniQ disclaims any warranties regarding the results or use of these integration tools. Therefore, you assume all related risks and responsibilities when integrating these tools into your workflow.We encourage you to familiarize yourself with our terms, policies, and guidelines governing the use of these integration tools to ensure compliance and mitigate any potential risks. Should you have any questions or concerns regarding the integration process or the use of these tools, please don’t hesitate to reach out to our support team for assistance.
3.1. Payment Authorization:
When you engage in online payments for our Services, these transactions are facilitated by Stripe, a reputable third-party payment processor. By utilizing any payment feature within our Services, you implicitly agree to abide by Stripe’s Connected Account Agreement, which can be accessed at [https://stripe.com/in/legal/connect-account]. This agreement supplements the terms outlined in this document.By authorizing YuniQ (along with Stripe) to charge your chosen online payment method, you explicitly grant permission for YuniQ (and Stripe) to debit the specified payment method for the agreed-upon amount. Moreover, you consent to the use and disclosure of your payment-related information (such as your credit card number) between YuniQ, Stripe, and other relevant third parties involved in processing these transactions.In the instance where you opt for recurring billing for a subscription to our Services, you provide explicit authorization for YuniQ (and Stripe) to charge your selected payment method on a recurring basis without requiring further consent for each subsequent charge. Should there be any changes to the subscription fees, YuniQ will notify you at least 10 days in advance. If you choose not to cancel your subscription during this notice period, you are deemed to have accepted the revised subscription fee.
3.2. Payment Information:
To ensure seamless payment processing, it is essential that you furnish accurate, up-to-date payment information during the payment process. It is your responsibility to provide YuniQ with current, complete, and precise payment details. Additionally, you are obligated to maintain the accuracy and currency of your account information and payment method.
Should your payment method be canceled or if you suspect any security breach related to your payment details, you must promptly inform YuniQ.For further details regarding the handling and utilization of your personal data by YuniQ, we encourage you to consult our privacy policy. This document outlines how we collect, store, and utilize your personal information, ensuring transparency and compliance with relevant data protection regulations.
3.3. Subscriptions Purchased from Authorized Third Parties:
Some third-party entities have been granted authorization to sell subscriptions to YuniQ’s Services. If you have acquired a subscription to our Services directly from one of these authorized third parties, it is important to note that all terms and conditions outlined in these Terms remain applicable to your subscription and your utilization of our Services.However, it’s crucial to understand that the payment terms specified in Section 3 (Payment) of these Terms may be overridden by any corresponding agreement between you and the authorized third party from whom you purchased the subscription. Therefore, while the general terms of service remain consistent, the specific payment arrangements may be subject to the agreement you have with the authorized third party.
Customers may have the option to subscribe to certain features or services provided by YuniQ. Subscriptions may be offered on a recurring basis, typically billed monthly or annually. By subscribing to these services, you agree to pay the applicable fees as outlined in the subscription agreement. Subscription fees are subject to change, and YuniQ reserves the right to adjust pricing at any time. However, customers will be given notice of any price changes at least 10 days in advance. If you continue your subscription after the price change takes effect, you thereby accept the new pricing. Cancellation of subscriptions can typically be done through the customer account settings or by contacting YuniQ customer support. It’s important to review the terms and conditions of your subscription agreement, as cancellation policies may vary based on the specific terms outlined in the agreement. Upon cancellation of a subscription, access to the subscribed features or services may be terminated or downgraded to a free tier, depending on the terms of the subscription agreement. Any outstanding fees or charges accrued prior to cancellation will still be due and payable. Subscriptions purchased through authorized third parties are also subject to the terms and conditions set forth by those parties. However, all terms outlined in the subscription agreement, including payment terms, still apply, unless otherwise specified by the authorized third party agreement. Customers are responsible for keeping their payment information up to date and accurate. Failure to do so may result in disruption of service or additional fees. For further details regarding payment methods, please refer to Section 3.2 of these Terms.
Users of the YuniQ platform have the ability to submit content, including but not limited to text, images, videos, and documents, through the Services. This content, referred to as Customer Data, remains the sole responsibility of the individual or entity that created or submitted it.YuniQ serves as a platform for the dissemination and distribution of user-provided content but does not assume responsibility for the accuracy, completeness, or legality of such content. While YuniQ may provide tools or features to manage and organize Customer Data, it does not independently verify or warrant the accuracy or integrity of the content.Users are solely responsible for the content they submit, including ensuring that it complies with all applicable laws, regulations, and third-party rights. YuniQ does not endorse, support, or guarantee the reliability or quality of any user-provided content and disclaims any liability arising from the use or reliance on such content.By submitting content through the Services, users grant YuniQ a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of operating, promoting, and improving the Services.Users retain ownership of their content and any intellectual property rights associated with it. However, by submitting content, users grant other users with whom they share the content the right to access, use, and modify it as permitted by the functionality of the Services and these Terms.YuniQ reserves the right to remove or disable access to any content that violates these Terms or is otherwise deemed inappropriate, harmful, or objectionable, without prior notice. Users may be held legally responsible for any content they submit through the Services, including but not limited to violations of intellectual property rights, defamation, or infringement of privacy rights.It is recommended that users exercise caution and discretion when sharing content through the Services and refrain from submitting any content that they do not have the legal right to distribute or that may cause harm or offense to others.
By submitting Content (whether as a Customer or as a Vendor), you represent that: (1) such Content is true, accurate, and not misleading; (2) such Content and its distribution via the Services does not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; (3) such Content does not contain viruses, adware, spyware, worms, or other malicious code; (4) such Content does not contain sensitive personal information; and (5) you have all the rights, power, and authority necessary to submit, use, and distribute the Content originating with you in connection with the Services and to grant the rights granted in the Terms regarding any such Content. You agree to accept full liability for all Content submitted by you or on your behalf.
4.3. License Grant & Assignment:
You retain your rights in Content that you submit to the Services. But you grant YuniQ a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) for the following purposes only: (1) to provide the Services; (2) to improve the Services; and (3) as otherwise expressly permitted by these Terms.
4.4. Feedback:
In the event you provide to YuniQ an idea, suggestion, recommendation, or other feedback regarding the Services (collectively, the “Feedback”), you agree that YuniQ has the right to use, disclose, reproduce, license, distribute, exploit, and incorporate into the Services such Feedback as it sees fit, without obligation (including any obligation to pay you) or restriction of any kind. By providing Feedback, you assign and license to YuniQ all, right, title, and interest in and to such Feedback, including any intellectual property rights related thereto.
4.5. Data Processing Addendum :
If you are a Customer that has elected to enroll in the Data Processing Addendum (as indicated in your subscription documentation), then, to the extent YuniQ processes any personal data that is subject to data protection laws and regulations, the terms of the Data Processing Addendum apply and you agree to comply with such terms. Otherwise, you shall not submit any personal data to YuniQ or the Services, and without limiting any other remedy herein, you shall indemnify YuniQ from your failure to comply with the foregoing.
If you are a Customer that has elected to enroll in the HIPAA Addendum (as indicated in your subscription documentation), then, to the extent YuniQ processes any protected health information contained in your Customer Data, the terms of the HIPAA Addendum apply, and you agree to comply with such terms. Otherwise, you shall not submit any protected health information to YuniQ or the Services, and without limiting any other remedy herein, you shall indemnify YuniQ from your failure to comply with the foregoing.
Your use of, and reliance on, any Content, whether user-provided or not, is at your own risk. YuniQ does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. YuniQ is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.
YuniQ has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.
All right, title, and interest in and to the Services, the Content (excluding user-provided Content), and any intellectual property related thereto are YuniQ’s exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 7.
YuniQ hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely as contemplated by these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by YuniQ in the manner permitted by these Terms. You agree not to use the Services or related intellectual property for any other purpose.
The trademarks, service marks, logos, and other distinctive brand features used as part of or displayed through the Services (the “Trademarks”) are registered or unregistered trademarks of YuniQ or third parties. You may not use any of these Trademarks without the prior, written approval from the trademark owner. Nothing related to the Services grants you, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean YuniQ has the authority to grant any right or license on behalf of any third-party trademark owner.
Much of the Content throughout the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to YuniQ or used consistent with the owner’s permission or applicable law or regulation. YuniQ retains all rights it may hold, including copyright, in its Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, YuniQ. YuniQ expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.
All rights not expressly granted by YuniQ herein are specifically reserved. Subject to Section 6.2, nothing in the Services or these Terms grants you, expressly or implicitly, any right or license to use any content or property of any third party or may be construed to mean that YuniQ has the authority to grant any right or license on behalf of any third party.
YuniQ reserves the right to remove Content alleged to be infringing without prior notice, at its discretion, and without liability to you. YuniQ will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to it.
Any information that you provide to YuniQ is subject to YuniQ’s privacy policy. The privacy policy, which can be found at YuniQ’s privacy policy, is incorporated into the Terms by reference. You understand that by using the Services you consent to the collection and use of your information as detailed in that policy.
These Terms apply until you or YuniQ terminate this agreement. In the event you have created a user account and want to terminate this agreement, you must do so via the Services’ cancellation feature or by sending an email to support@YuniQ.com that clearly states you would like to deactivate your account. In the event you have not created a user account, you may end this agreement simply by no longer accessing the Services. YuniQ may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. This section doesn’t affect YuniQ’s rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 4 (User-Provided Content), 5 (All Content), 6.1 (YuniQ’s Rights), 7 (Intellectual Property), 8 (Privacy), 10 (Disclaimers; Limitations of Liability; Indemnity), and 11 (Miscellaneous).
Please read this section carefully since it limits the liability of YuniQ and its parents, subsidiaries, affiliates, related companies, managers, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “YuniQ Entities”). Each of the subsections below applies only up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
10.1. The Services are Available “As-Is.”:
Your use of the Services and the Content is at your own risk. Except as expressly set forth in these Terms, the Services (including its related services and features) are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE YuniQ ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The YuniQ Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Content, whether user-supplied or not; (2) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (3) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the YuniQ Entities; and (4) whether the Services will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the YuniQ Entities or through the Services will create any warranty not expressly made herein.
The Services may contain links to third-party websites and resources. The YuniQ Entities are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the YuniQ Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
10.3. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE YuniQ ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) THE SERVICES; (2) THE CONTENT; (3) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (4) ANY ERRORS OR OMISSIONS IN THE SERVICES OR THE CONTENT; OR (5) ANY ACTION OR INACTION BY ANY THIRD PARTY, INCLUDING (WITHOUT LIMITATION) WHETHER A VENDOR’S PLATFORM, SOFTWARE, OR SERVICES PROPERLY INTEGRATE WITH YuniQ’S SERVICES OR WHETHER A CUSTOMER’S DATA AND ITS DISSEMINATION COMPLIES WITH APPLICABLE LAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE YuniQ ENTITIES EXCEED THE GREATER OF $2,500 OR THE AMOUNT YuniQ RECEIVED FOR PROVIDING YOU WITH THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CORRESPONDING CLAIM.
THE LIMITATIONS OF THIS SUBSECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE YuniQ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF YuniQ’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE YuniQ ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE YuniQ ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT
THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You hereby indemnify the YuniQ Entities from any demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, relating to any third-party claim, suit, action, or proceeding related to or arising out of: (1) your use or misuse of the Services or the Content; (2) any Customer Data or other Content provided or submitted by you; (3) any breach or alleged breach by you of these Terms; and (4) any misrepresentation made by you in connection with this agreement. YuniQ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
The Services are always evolving and may change from time to time without notice. YuniQ may stop (permanently or temporarily) providing the Services (or any feature) to you or to users generally and may not be able to provide you with notice. Further, YuniQ may modify the Services at its discretion. New features will be subject to these Terms.
YuniQ may revise these Terms from time to time. The most current version will always be located here. If the revision, in YuniQ’s discretion, is material, YuniQ will notify you via email to the email address associated with your account or by posting notice to its website. In consideration for your access to the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
11.3. User Requirements for Individuals:
In order to use the Services, you must be able to form a binding contract with YuniQ. If you are an individual under the age to form a binding contract with YuniQ under applicable law, you may not access or use the Services.
11.4. Company Representatives:
If you are accessing or using the Services on behalf of a company or entity, you represent that you have authority to bind that company or entity to this agreement, and in such case, “you” and “your” refer to that company or entity throughout this agreement.
11.5. Waiver and Severability:
YuniQ’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized YuniQ representative. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in effect.
11.6. Controlling Law and Arbitration:
The Terms and any related actions are governed by Delaware law, without regard to or application of Delaware’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE CONTENT BETWEEN YuniQ AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED EXCLUSIVELY TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN NEW YORK, NEW YORK. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and YuniQ are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:
Either you or YuniQ may assert claims, if they qualify, in small claims court in New York, New York without first engaging in arbitration.
YuniQ may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration.
YuniQ may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of New York, NY, and by your use of the Services you expressly consent to venue and personal jurisdiction of those courts.
The Terms are the entire and exclusive agreement between YuniQ and you regarding the Services and Content (excluding any separate written agreement with YuniQ that is expressly in addition to, or in place of, these Terms), and these Terms supersede and replace any prior agreements between YuniQ and you regarding the Services and Content.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words “include” and “including,” and variations, are considered to be followed by the words “without limitation.”
The Services are operated and provided by YuniQ. For any inquiries, you can contact us at:
Email: support@YuniQ.co
Address: Yuniq 4th Floor, Phase 2, Ticel Bio Park, Chennai – 600113 India
