Acceptance Of These Terms
To access certain features of the App you need to activate a subscription to the App ("Subscription"). You may activate a Subscription on a third‑party Apple App Store ("App Store") on which the App is made available and following the instructions given by the App Store ("In-App Subscription"). All payments associated with In-App Subscription are processed by the third-party App Store from which you downloaded the App. Payments made to an App Store will be subject to the App Store's terms and conditions, which you should review carefully before activating an In-App Subscription (“App Store T&Cs”). Please refer to App Store T&Cs for the relevant period for cancellations and more information on how to do this.
We offer weekly Subscription period. We may change the Subscription period lengths that we offer from time to time, but we will not change the length of your Subscription period while it is active. Each Subscription period will automatically renew on the day that it expires for another period of the same length of time. For example, a weekly subscription would automatically renew on the same day each week. You will be charged for the following Subscription period in advance on the renewal date, unless you cancel the Subscription in advance of the renewal date in accordance with these Terms. We and/or App Store may immediately suspend your access to the App if you do not pay your Subscription until the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase (refer to Cancellations and refunds section).
Company may, now or in the future, charge Subscription or service fees for the use of the Services or certain Service features. Any Subscription fees increase will not apply to the current period of your Subscription. If you do not agree to a Subscription fee increase, please remember that you can always cancel your Subscription before your next Subscription period starts. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
The jurisdiction for any Dispute shall depend on the country or state in which you are resident. You may only bring legal proceedings in respect of a Dispute if your country or state of residence is neither United Arab Emirates: in the courts of the United Arab Emirates or state in which you are resident if you are allowed to do so by the laws of the country or state in which you are resident.
For residents of the United States of America Only: Binding Arbitration and Class Action Waiver
If your country or state of residence is not the United States of America, then the provisions of this section do not apply to you.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR DISPUTE TRIED BEFORE A JURY.
If your country or state of residence is the United States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this section apply to any Dispute between you and us. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this section, and these Terms constitute a transaction in interstate commerce. The provisions of this section shall survive any termination of this Agreement. As set out in the statement above, please contact us first if you have a complaint. Suppose you and we had not agreed on a resolution within 30 days from the day you first contacted us to try to resolve matters through informal dispute resolution. Suppose you and we do not reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms below. In that case, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things, ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN A STATE OR FEDERAL COURT, AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one party shall be final and binding on the other.
Suppose either you or we commence arbitration proceedings. In that case, all claims arising out of or relating to these Terms (including its formation, performance, and breach), the relationship between you and us, and/or your use of the App shall be finally settled by binding arbitration administered by JAMS, a national arbitration body based in the United States of America, and governed under the provisions of this Agreement and the procedural rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS Rules or more information about JAMS and commencing arbitration proceedings, please visit jamsadr.com.
A single neutral arbitrator shall be appointed by agreement between us in accordance with the Jams Rules. The arbitration's place (or 'seat') shall be New York City, New York. To the extent permitted by the JAMS Rules, you may participate in arbitration remotely via videoconference or teleconference. The arbitrator and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. Additionally, the arbitrator shall apply the law of the United States, and the arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator's award shall be written and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be available to a court under law or in equity. Nothing in this section shall in any way limit either party's rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration according to these Terms, to stay a pending proceeding in favor of arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU UNDERSTAND AND, AS A RESULT OF THIS, AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. YOU AND WE FURTHER AGREE THAT ANY ARBITRATION OR OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND SHALL BE CONDUCTED IN YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION AND THAT YOU AND INSIGHT EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. SUPPOSE ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER OUTLINED IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS. IN THAT CASE, THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY, AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
As an exception to the Terms on a binding arbitration under this section, either party may bring legal proceedings in respect of a Dispute before a state or federal court in the United States of America or elsewhere where the legal proceedings only assert claims relating to intellectual property infringement (including claims relating to patents, copyright, moral rights, trademarks, and designs, but not claims relating to any licence granted by these Terms). To be effective, your written notice must be received by us within 30 days of your first use of the App. Otherwise, you shall be bound to arbitrate disputes under the terms of this section. If you choose to opt out of these arbitration provisions, we also will not be bound by them.