Terms and Conditions

1. Introduction

Welcome to MyVicePal ("the Service"), a software-as-a-service (SaaS). These Terms of Service ("Terms") govern your access to and use of the Service. By accessing or using the Service, you ("you" or "Customer") agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

2. Use of the Service

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

2.3 Restrictions

You may not:

• Modify, adapt, translate, or reverse engineer the Service.
• Remove any copyright or other proprietary notices from the Service.
• Use the Service for any illegal or unauthorized purpose.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Use the Service to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

3. Account Registration

3.1 Account Creation

You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.2 Account Accuracy

You agree to provide accurate and complete information when creating your account and to keep your account information updated.

4. Fees and Payment

4.1 Subscription Fees

The Service is offered on a subscription basis. You agree to pay the applicable subscription fees as specified on our website or in your subscription agreement.

4.2 Payment Processing

We use third-party payment processors to process your payments. You agree to provide accurate and complete payment information and authorize us to charge your chosen payment method for the applicable fees.

4.3 Fee Changes

We may change our subscription fees from time to time. We will provide you with reasonable notice of any fee changes.

5. Intellectual Property

5.1 Ownership

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Any text, images or other content you create while using the service may be downloaded and used for any use including commercial use.

6. Termination

6.1 Termination by You

You may terminate your account at any time by contacting us.

6.2 Termination by Us

We may terminate your account or suspend your access to the Service at any time for any reason, including but not limited to your breach of these Terms.

6.3 Effect of Termination

Upon termination of your account, your right to access and use the Service will immediately cease.

7. Disclaimer of Warranties

7.1 "As Is" Basis

The Service is provided "as is" and without any warranty of any kind, express or implied. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.

7.2 Disclaimer of Implied Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

8.1 Indirect Damages

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

8.2 Direct Damages

In no event will the Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or relating to your use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, exceed the amount you paid to the Company to use the Service during the six (6) months prior to the date the cause of action arose.

9. Indemnification

You agree to indemnify and hold the Company, its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Service, including, but not limited to, your user contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws provisions.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service will be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Wyoming. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction thereof.

11. Changes to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will post the updated Terms on our website and update the "Last Updated" date at the bottom of these Terms. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Company relating to the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: August 23, 2024