Terms of Service
Welcome to Ferilla.
The Ferilla websites, mobile applications and services (collectively, the “Services”) are made available to you by Ferilla PTE LTD, with its address at 68 Circular Road, #02-01, Singapore, 049422, subject to these Terms of Service (the “Terms”) and in accordance with the Ferilla Privacy Policy (the “Privacy Policy”).
1. Acceptance of Terms
1.1 By accessing any part of the Service, you are agreeing to the terms and conditions described below, and our privacy policy (the “Privacy Policy”). If you do not agree to these terms, you should not access or use the services.
1.2 You need to register for an account to access our Services.
1.3 You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Ferilla will not be liable for any loss or damage from your failure to comply with this security obligation.
1.4 If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorised to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.
1.5 For Personal Information you provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that Ferilla’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.
2. Free and Trial Use
2.1 Ferilla may make the Services available to You in the form of a Free Trial. Customers wishing to sign up for a free account may do so from our Website. The service license attached to this free account is limited in scope and features. Ferilla also provides a free Trial with each of its various plans. The Trial is the full version of the Service, whereby you may try the Service at no obligation during the Trial period. Thereafter, the trial period shall expire and Section 5 below shall apply.
2.3 You may terminate these Terms and all of its rights hereunder by providing Ferilla written notice thereof at any point during the trial; otherwise, these Terms shall continue in effect for the Initial Service Term (as that term is defined below, and subject to earlier termination as provided in the Agreement) under the Plan selected by You on the Website.
3. Commercial License to use our Services
3.1. Ownership and rights to access and/or use the Services. By using the Services and subject to your compliance with the Terms: (i) Ferilla and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Ferilla. Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third-party any rights, title and/or interest in any intellectual property rights related to the Services.
3.2. Reservation of rights. Our Services and those of our licensors are protected by applicable intellectual property laws. Subject to the limited rights expressly granted hereunder, Ferilla and/or its third-party providers, licensors, and suppliers reserve all rights, title, and interest in and to the Services, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
3.3. Availability of content. We do not guarantee that any content will be made available on the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the Services.
4. Scope of use
4.1. Use of services and availability. Ferilla retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or use of and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Ferilla’s control. You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited. Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.
4.2. Creating an account. To sign up, access and/or use the Services, you should create an account (an “Account”). Your Account requires you to (i) indicate agreement to these Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by Ferilla in its sole and absolute discretion. You agree not to create an Account and/or use the Services if you have been previously removed by us and/or banned from the Services. You agree that Ferilla will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof). You must provide accurate and complete information and keep your Account information updated. You shall not: (a) select and/or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorisation; and/or (c) use as a username a name that is otherwise offensive, vulgar and/or obscene. You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account. Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate these Terms we may terminate your Account immediately. You must notify us immediately of any change in your eligibility to use the Services (including any changes to and/or revocation of any licenses from state authorities), breach of security and/or unauthorised access to and/or use of your Account. You must never publish, distribute and/or post login information for your Account. If we terminate your Account, you may not subscribe under a new Account unless we formally invite you in writing. You must immediately notify Ferilla of any unauthorised uses of your Account or any other breaches of security. Ferilla will not be liable for any acts and/or omissions by you, including without limitation, any damages of any kind incurred as a result of such acts and/or omissions.
4.3. Restrictions. Except as expressly specified in the Terms, you shall not (i) modify, and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the Services; (ii) copy, reproduce, distribute, republish, download, distribute, disclose, encumber, time-share, license, sell, distribute, display, post and/or transmit any part of the Services in any form and/or by any means use or permit the use of, reproduce or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, sell, distribute, assign, rent, lease, or transfer any Services, any portion thereof, and/or otherwise commercially exploit the Services, in whole or in part; (iii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the Services (including images, text, page layout, and/or form); (iv) use any metatags and/or other “hidden text” using Ferilla’s name and/or trademarks; (v) use any manual and/or automated software, devices and/or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” and/or download data from any pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such); (vi) use and/or access the Services in order to build a similar and/or competitive website, product, and/or service; (vii) copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Services in any form and/or by any means; (viii) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Services; (ix) intentionally hold Ferilla and/or their employees and/or directors up to public scorn, ridicule and/or defamation; (x) promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (xi) take any action that imposes or may impose (as determined by us in our sole and absolute discretion) an unreasonable and/or disproportionately large load on our (and/or our third party providers’) infrastructure; (xii) run any form of auto-responder and/or “spam” on the Services, or use the Services to conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorised advertising, promotional materials, or unsolicited e-mail or multi-level marketing campaigns ; (xiii) use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; (xiv) access, store, distribute or transmit any viruses, malware, or other harmful material during the course of your use of the Service; (xv) make the functionality of the Services available to multiple users through any means, including, but not limited to distribution of the Services or by uploading the Services to a network and/or file-sharing service and/or through any hosting, application services provider and/or any other type of service, and/or (xvi) circumvent or disable any security or technological features or measures of the Services. You will comply with any technical restrictions on the Services that allow you to use the Services only in certain ways. Any unauthorised use of the Services terminates the rights granted by Ferilla pursuant to the Terms.
5. Payment
You can purchase a monthly or annual plan and your credit card on file will be charged on a recurring basis. All fees due and payable by you to Ferilla under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. All fees due and payable under the Terms are exclusive of applicable taxes, which will be added at the prevailing rate from time to time. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.
5.1. Cancellation policy. Once you submit a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation.
5.2. Free Trial. Ferilla offers a free Trial of our plans. You are not required to enter payment information, but your plan will expire at the end of the Trial period (or earlier, at our discretion). If you choose to enter billing information, your first charge will occur at the end of the Trial after your signup date. If you elect for the Trial and you cancel your Account before the end of the Trial, you won’t be billed at all, even if you entered your billing information. If you do not purchase a plan during the Trial period, the data you include may be permanently deleted.
5.3. Monthly plan billing. Ferilla’s monthly plans provide month-to-month access, with monthly charges being made each renewal day (the same day of the month that you originally signed up for the plan). Monthly plans automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month.
5.4. Annual plan billing. Ferilla’s annual plans provide year-to-year access and a substantial savings over the month-to-month plan. Annual charges will be made each renewal date (the same date of the year that you originally signed up for the plan). Annual plans automatically renew every year thereafter. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-current year.
5.5. Failed charges; suspension. If your credit card on file is closed or the Account information is changed, or if, for any reason, a charge is rejected, you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with appropriate information, then Ferilla will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. You agree to notify Ferilla in writing of any changes to your Account information or termination of any authorisation at least thirty (30) days prior to the immediately subsequent billing date. In the event payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. Ferilla may, without liability to you, disable the Account and access to all or part of the Services if any fees owed are not paid within thirty (30) days after such fees first becoming due and payable under the Terms. In the event of the foregoing, Ferilla shall not be obligated to provide any and/or all of the Services until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
6. User content
6.1. You represent and warrant that: (i) any information and/or User Content you provide in connection with your access to and/or use of the Services is true, accurate and complete and you will maintain and update such information regularly; (ii) you will respect the intellectual property, other information, and all rights of Ferilla, others using the Services, and all third-parties; and (iii) any information and/or User Content you provide in connection with your access to and/or use of the Services does not infringe on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights.
6.2. User Content. All content you or your users upload, create, submit, distribute, and/or post to the Services, including but not limited to, video recordings, transcripts, pictures, raw notes, and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, personalization settings and other information and/or content, which is or may be provided to Ferilla and/or placed on your Ferilla page, or inputted and/or uploaded by you via the Services (“User Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Ferilla has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving use of the Services. For purposes of providing the Services You hereby grant Ferilla a worldwide, perpetual, non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content and allow Ferilla to use your name and logo for Ferilla’s marketing purposes. You alone are responsible for User Content, and once published, it cannot always be withdrawn. You represent that you own, and/or have the necessary permissions to use and authorise use of User Content as described in these Terms. Notwithstanding anything herein to the contrary, Ferilla may collect aggregated, anonymised data that cannot identify any person and that is derived from and/or created through your use of the Services.
6.3. Feedback and suggestions. We do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Ferilla a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback and suggestions, and to sublicense the foregoing rights. Ferilla will treat any Feedback and suggestions you provide to Ferilla as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback and suggestions.
6.4. Content provided by others. The Services may contain User Content provided by other users and/or third parties. Please carefully choose the information that you post on, through and/or in connection with the Services. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. We are not responsible for, and do not control such User Content. Ferilla disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit via the Services to other users. It is your responsibility to ensure that Services users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
7. Prohibited user content
You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that:
(i) is unlawful and/or promotes unlawful activities;
(ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group;
(iii) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;
(iv) is spam, is machine- or randomly-generated, constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation and/or any form of lottery and/or gambling;
(v) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorised access to any data and/or other information of any third party;
(vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;
(vii) impersonates any person or entity, including any of our employees or representatives; and/or
(viii) contains payment card data, including credit or debit card data; and/or
(ix) violates the privacy of any third party or Ferilla employee and/or representative.
8. Review of user content by Ferilla
8.1. Enforcement. Ferilla does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behavior of users of User Content and/or the Services. Ferillamay, but shall not be obliged to, review, either by manual and/or automated means, all User Content which is and/or may be uploaded on this Services, and monitor and/or review any areas of this Services where users transmit and/or post communications or communicate with each other or Ferilla(as applicable). We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person. Such retained right shall be interpreted as coming under Customer’s documented instruction for the processing of Personal Data. Such action may include, without limitation, removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
8.2. User content liability. Ferilla shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorised access and/or otherwise. You may retain a back-up copy of all User Content and should you do so, you undertake that you shall do so in respect of all uploaded User Content. Ferilla reserves the right to deny access to this site and delete User Content at any time without notice.
8.3 You acknowledge and agree that Ferilla utilises third-party service providers to host and provide the Services and store User Content and the protection of such User Content will be in accordance with that third-party’s safeguards for the protection of the security, confidentiality, and integrity of the User Content. You are responsible for properly configuring and using the Services, and taking appropriate steps to maintain security, protection and backup of any User Content. Ferilla is not responsible for any unauthorised access to, alteration of, and/or the deletion, destruction, damage, loss and/or failure to store any of, User Content and/or other information that you submit and/or uses in connection with the Services (including without limitation as a result of your errors, acts or omissions).
9. No legal advice; electronic communication
9.1. No legal advice. The Services do not contain legal advice and Ferilla is not a law firm. It does not offer legal advice, legal opinions, recommendations, referrals, and/or counselling. Part of the Services that Ferilla may provide could involve the construction of contracts, and/or other legal relations and although we attempt to ensure our information is accurate and useful, we recommend that you consult with your legal advisor of your choosing should you require legal assistance. Finally, other than the Services Ferilla provides, Ferilla plays no part in agreements between you and other users.
9.2. Local laws. The use of the Services may be governed by the laws of different countries or regions, and you agree to abide by such local laws. You agree that your use of any electronic signatures will be as valid as any manual signatures if authorised by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.
9.3. Electronic communications. By using the Services, you agree to receive certain communications in connection with them. The communications between you and Ferilla use electronic means, whether you use the Services or send us emails, or whether Ferilla posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Ferilla in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ferilla provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect your non-waivable rights.
10. Term and termination
Subject to this Section, the Terms will remain in full force and effect while you access and/or use the Services. We may terminate your Account and/or your access to and/or use of all or any part of the Services at any time, with or without cause, with or without notice, effective immediately and without liability, which may involve deletion of your User Content associated with your Account from our databases. You agree that Ferilla will not be liable to you or to any third party for such action(s) taken. If you wish to terminate your Account, you may do so through your Account by following the instructions. Ferilla will have no liability whatsoever to you for any termination of your rights under the Terms, including without limitation, for termination of your Account and/or deletion of your User Content.
11. Disclaimer of liability
11.1. Ferilla is under no obligation to become involved in any dispute that you have with other users and/or in any incident that you are party to with other users, or that are affected by and/or otherwise related to the Services.
11.2. Ferilla disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content. You are solely responsible for any damage (including, without limitation, to the Services) resulting from use (and/or submission) of any User Content and/or the Services (including without limitation disputes and incidents described in the preceding sections) and related transactions and/or occurrences. Ferilla shall have no responsibility for unauthorised access to your Account, and/or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).
12. No liability for lost data
Where Ferilla provides web hosting or other services via the Services involving the provision of computer storage space, and/or in relation to other relevant services, Ferilla reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data downloaded and/or uploaded and/or any other criteria Ferilla may specify. Any content and/or materials which exceeds any such limit may be deleted and/or not accepted for such storage without liability to Ferilla.
13. Disclaimer of warranties and limitation of liability
13.1. Disclaimer of warranties. The services, and any content, are provided by Ferilla to you on an “as is,” “as available” basis, except as expressly set forth in the terms. Ferilla does not make any other warranty of any kind whether express, statutory and/or implied, including but not limited to any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and from course of dealing, usage and/or trade practice, all of which Ferilla expressly disclaims. Without limiting the foregoing, Ferilla and/or its licensors, partners and content providers make no warranty that (i) the services and/or content will meet your requirements and/or will be constantly available, uninterrupted, timely, secure and/or error-free; (ii) the results that may be obtained from the use of the services will be effective, accurate and/or reliable; (iii) any content and/or software available at and/or through the services is free of viruses and/or other harmful components and/or (iv) Ferilla will be liable and/or otherwise responsible for any failure and/or delay in updating the services and/or any content. No advice and/or information, whether oral and/or written, obtained by you from Ferilla and/or through your access to and/or use of the services shall create any warranty not expressly stated in the terms.
If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to sixty (60) days from the date of first use. No oral or written information or advice given by Ferilla and/or its authorised representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13.2. Limitation of liability. In no event will Ferilla, its officers, directors, employees, partners, licensors, and/or suppliers be liable to you and/or anyone else for (i) any special, incidental, indirect, consequential and/or punitive damages whatsoever, including those resulting from loss of use, data and/or profits, whether or not foreseeable, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, and/or any other legal or equitable theory, even if Ferilla has been advised of the possibility of such damages in advance; and/or (ii) any bugs, viruses, trojan horses, and/or the like (regardless of the source of origination). The foregoing shall apply despite any negligence, misconduct, errors and/or omissions by Ferilla its employees, representatives and/or agents. Because some states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such states, Ferilla’s liability is limited to the maximum extent permitted by law.
Ferilla’s maximum aggregate liability to you for direct damages that you suffer in connection with the services is limited to the amount paid by you to Ferilla in connection with the services in one (1) month period immediately preceding the date of the claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Ferilla and you.
14. Indemnity and waiver
14.1. Indemnification. You will defend, indemnify and hold Ferilla, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Services or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence (vi) your interaction with any other user; and/or (vii) your use of the Services that is in violation of any applicable data protection/privacy law. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. You agree not to settle any matter without the prior written consent of Ferilla. Ferilla will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14.2. Waiver. You hereby forever discharge and release us, our affiliates and each of our subsidiaries and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Services; (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorised access to, and/or alteration of, the Services users’ communications.
For California residents, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any similar provision in any other jurisdiction.
15. Links
The Services may integrate with and/or provide links to various other independent third-party products and/or services (“Linked Sites”) that may be of interest to you and are for your convenience only. Ferilla does not control and/or endorse such Linked Sites and is neither responsible for their content nor responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Ferilla reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.
16. Miscellaneous
16.1. Applicable law. To the extent international data protection laws apply to the processing of personal data between Ferilla and you, the default Data Processing Agreement (“DPA”) and attached Standard Contractual Clauses found at Ferilla DPA are incorporated by reference and form a part of these Terms of Service, unless expressly provided otherwise in writing by both parties.
16.2. Entire Agreement; conflict. Unless otherwise agreed to by Ferilla and you in writing, the Terms (including, without limitation, the terms and conditions set forth herein and Ferilla’s operating rules, policies and/or procedures as described above) constitutes the entire agreement between Ferilla and you concerning the subject matter hereof.
16.3. Governing law and Dispute Resolution Use of our Services and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules. Any dispute, claim, controversy or difference arising out of or in connection with these Terms or the use of our Services, including on validity, breach or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC then in force, which rules are deemed to be incorporated by reference in this Clause. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of one (1) arbitrator. Notwithstanding the foregoing, parties shall be entitled to seek urgent temporary injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek equitable relief. Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws
16.4. Reference. You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark and/or logo for such purpose. You may request in writing not to reference you as our customer.
16.5. Severability. If any part of the Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.
16.6. Assignment. You may not assign your rights under the Terms to any other party without Ferilla’s express prior written consent; Ferilla may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
16.7. Force majeure. Except for payment obligations, neither Ferilla nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.
16.8. Survival. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
16.9. No waiver. No waiver by either you and/or Ferilla of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.
17. Amendments
We may make changes to these Terms from time to time. If we make material changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
18. Miscellaneous
Ferilla’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms together with the Privacy Policy reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
