The following Terms of Service (“Terms”) shall apply to all business relations between Ghostyk and you, whether individual or entity who has access to your account or uses the Services, of our website at www.ghostyk.com (our “Website”) and our iOS and Android Mobile Applications (our “App”), both collectively our “Platform” and the underlying functions and services (“Services”).
Please read these Terms carefully before using our Platform. These Terms constitute a legal agreement between you and Ghostyk governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms.
1. ABOUT US
1.1. We are Ghostyk LLC, 8 The Green #21576, Dover, Delaware, 19901, USA (“Ghostyk”, “we”, “us”, “our”).
1.2. To contact us, please use info@ghostyk.com with “Terms of Service” in the subject line.
1.3. These Terms were last updated on Monday, 20th of January 2025, and are the current and valid version.
1.4. The following also apply to these Terms and form an integral part of these Terms:
1.4.1. our Privacy Policy, if you are using our website;
1.4.2. our Cookie Policy, if you are using our website;
1.4.3. our App Privacy Policy, if you are using our iOS and Android mobile application;
1.4.4. our Payment Policy; and
1.4.5. our End User License Agreement;
1.5. The Ghostyk logo, marks, emblems, and images are the copyright of Ghostyk. All Rights Reserved © 2025 Ghostyk.
2. GENERAL TERMS
2.1. The provisions set out in these Terms govern your access to and your use of our Platform and our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
2.2. We reserve the right to, without any notice, explanation, or liability, and in our sole discretion, refuse to allow you or suspend your access to our Platform or your account at any time or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
2.3. We reserve the right to change, modify, suspend, or discontinue any portion of these Terms, our Platform, or Services, or any other products or affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2.4. Save to the extent permitted by us in writing, you are not permitted to use or submit any content to our Platform or any of our affiliated websites to advertise, promote, or market any products or services of any third party or yourself.
3. USER REPRESENTATIONS
3.1. By using our Platform, you represent and warrant that:
3.1.1. all registration information you submit will be true, accurate, current, and complete;
3.1.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3.1.3. you have the legal capacity, and you agree to comply with these Terms;
3.1.4. you are not under the age of 18;
3.1.5. you will not access our Platform through automated or non-human means, whether through a bot, script, or otherwise;
3.1.6. you will not use our Platform for any illegal or unauthorized purpose; and
3.1.7. your use of our Platform will not violate any applicable law or regulation.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Platform (or any portion thereof).
4. ACCOUNT AND PASSWORD
4.1. Access to the Platform and Services is provided via a dedicated account.
4.2. You are responsible for keeping your account confidential.
4.3. You are also responsible for any use of any account that you have access to, whether or not you authorized the use.
4.4. You will immediately notify us of any unauthorized use of your accounts.
4.5. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked, or otherwise compromised account.
5. ACCOUNT SUSPENSION AND TERMINATION
5.1. We reserve the right, at our sole discretion, to suspend or delete, at any time and without notice, user accounts that we deem inappropriate, offensive, or in violation of these terms.
5.2. We will determine, in our discretion, whether there has been a breach of these Terms or our acceptable use requirements through your use of our Platform. When a breach of these Terms or our acceptable use requirements has occurred, we may take such action as we deem appropriate.
5.3. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Platform and may result in our taking all or any of the following actions:
5.3.1. immediate temporary or permanent withdrawal of your right to use our Platform;
5.3.2. immediate temporary or permanent removal of any services rendered;
5.3.3. issuance of a warning to you;
5.3.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
5.3.5. further legal action against you; and/or
5.3.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6. SUBSCRIPTION
6.1. We provide paid plan access (“Paid Services”) or free of charge access (“Free Services”) on a per-account basis.
6.2. The Paid Services require payment of subscription fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform.
6.3. If you purchase a recurring subscription from us, the subscription period for your account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
6.3.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
6.3.2. on the renewal date of the subscription period thereafter, without any further action by you.
6.4. Any Fees due in relation to your account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your account and/or our Platform or any of the Services.
6.5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
6.6. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
6.7. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
6.8. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever.
6.9. If you cancel your subscription, you may continue to access your account until the expiry of the subscription period in which the cancellation occurred.
7. FREE SERVICES
7.1. We may make one or more parts of the Services available to you on a free of charge basis until the earlier of:
7.1.1. the end of the free of charge basis period;
7.1.2. the date that you purchase the relevant Service; or
7.1.3. termination by us at our discretion.
7.2. The provisions of these Terms will also apply to the trial period. We may notify you of additional terms that apply to the trial of certain services and any such additional terms are incorporated into these Terms by reference.
8. CANCELLATION OF SUBSCRIPTIONS
When canceling a subscription, all future charges associated with future months of your subscription will be canceled. You may notify us of your intent to cancel at any time with a minimum of 7 days prior to the expiration of your current subscription period; your cancellation will become effective at the end of your current monthly subscription period. You will not receive a refund; however, your subscription access will continue for the remainder of the current subscription period.
9. CHARGEBACK
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.
10. ACCEPTABLE USE
10.1. You agree not to use our Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use our Platform or Services in any way that could damage our Platform or Services, or the general business of Ghostyk.
10.2. You further agree not to use our website or services:
10.2.1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.
10.2.2. to violate any of our intellectual property rights or any third party.
10.2.3. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
10.2.4. to perpetrate any fraud.
10.2.5. to publish or distribute any obscene or defamatory material.
10.2.6. to publish or distribute any material that incites violence, hate, or discrimination towards any group.
10.2.7. to unlawfully gather information about others.
11. CONTENT STANDARDS
11.1. These content standards apply to any and all information and material which you post or upload on our Platform (“Contributions”).
11.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
11.3. Contributions must comply with applicable law, in particular, the laws of any country from which they are posted.
11.4. You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to and on our Platform.
11.5. Contributions must not:
11.5.1. infringe any intellectual property right of any other person;
11.5.2. be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;
11.5.3. contain any material which is defamatory of any person, pornographic, obscene, offensive, or inflammatory or promotes any illegal activity, hate speech, discrimination, violence, misinformation, or ill-will and hostility;
11.5.4. be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
11.5.5. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
11.5.6. give the impression that they emanate from us, if this is not the case; or
11.5.7. advocate, promote, or assist any unlawful act or otherwise contain any material which is criminal in nature.
11.6. You may use our Platform only for lawful purposes. You may not use our Platform:
11.6.1. in any way that breaches any applicable local or international laws or regulations;
11.6.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
11.6.3. to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
11.6.4. to knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.7. You also agree:
11.7.1. not to reproduce, duplicate, copy, or resell any part of our Platform in contravention of the provisions of our Terms; and
11.7.2. not to access without authority, interfere with, damage, or disrupt:
11.7.2.1. any part of our Platform;
11.7.2.2. any equipment or network on which our Platform is stored;
11.7.2.3. any software used in the provision of our Platform; or
11.7.2.4. any equipment, network, or software owned or used by any third party.
11.8. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
11.9. Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
11.10. We operate a zero-tolerance policy with regards to the abuse of our service users or staff. Personal or targeted insults, threats, obscene, and aggressive comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our Services. Please report any abusive posts or incidences of cyberbullying to info@ghostyk.com with “Community Guidelines” in the subject line.
12. UPLOADING CONTENT TO OUR PLATFORM
12.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, with the Delaware Personal Data Privacy Act (“DPDPA”), the EU's General Data Protection Regulation (“GDPR”), and any other applicable laws.
12.2. You are fully responsible for your content uploaded to our Platform. We will not be responsible or liable to any third party for:
12.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
12.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
12.3. We will only use the content uploaded by you for the purposes of carrying out the services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
12.4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
12.5. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out.
13. CONTRIBUTION LICENSE
13.1. By posting your Contributions to any part of our Platform or making Contributions accessible to our Platform you represent and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions for the purpose of carrying out our obligations under these Terms and the provision of our Platform and Services. The use and distribution may occur in any media formats and through any media channels.
13.2. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on our Platform.
13.3. You are solely responsible for your Contributions to our Platform, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
13.4. We have the right, in our sole and absolute discretion,
13.4.1. to edit, redact, or otherwise change any Contributions;
13.4.2. to re-categorize any Contributions to place them in more appropriate locations on our Platform; and
13.4.3. to pre-screen or delete any Contributions at any time and for any reason, without notice.
13.5. We have no obligation to monitor your Contributions.
14. SERVICE DATA
14.1. If you wish to use our Platform, we process the data you provide, which may include Personal Data, and Special Category Data as defined in the DPDPA and the GDPR or non-personal data of you that you make available to us (“Service Data”).
14.2. You shall own all rights, titles, and interests in and to all of your Service Data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of your Service Data.
14.3. If we process any of your Service Data on your behalf when performing our obligations under these Terms, the parties record their intention that you shall be the data controller and we shall be a data processor, and in any such case:
14.3.1. you acknowledge and agree that your Service Data may be transferred or stored outside the USA or the country where you and the users are located in order to carry out the Services and our other obligations under these Terms.
14.3.2. you shall ensure that you are entitled to transfer your Service Data to us so that we may lawfully use, process and transfer the personal data in accordance with these Terms on your behalf;
14.3.3. you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
14.3.4. we shall process the personal data only in accordance with the terms of these Terms and any lawful instructions reasonably given by you from time to time; and
14.3.5. each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction, or damage.
15. BACKUPS
You acknowledge that there is a risk that Service Data may be irretrievably damaged or lost if there is a fault or on suspension or termination. It is your responsibility to make frequent back-ups of all such Service Data that you wish to save.
16. NO RELIANCE ON INFORMATION
16.1. Commentary and other materials posted on our Platform are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
16.2. Ghostyk makes no representations, warranties, or guarantees, whether expressed or implied, that the content on our Platform is accurate, complete, or up-to-date.
17. CORRECTIONS
There may be information on our Platform that contains typographical errors, inaccuracies, or omissions that may relate to our Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Platform at any time, without prior notice.
18. THIRD PARTY PROVIDERS
You acknowledge that the Services require access to, content of, and correspond with services from third parties. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party services, or any transactions completed, and any contract entered into by you with any such third party.
19. SUBMISSIONS
19.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
19.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. You acknowledge that all intellectual property rights in our Platform and Services anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
20.2. Any intellectual property rights in content uploaded by our users to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Services.
21. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
21.1. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using info@ghostyk.com with “Copyright Notification” in the subject line (a “Notification”). A copy of your notification will be sent to the person who posted or stored the material addressed in the notification.
21.2. In accordance with applicable intellectual property law, your notification must include substantially the following:
21.2.1. your physical or electronic signature;
21.2.2. identification of the copyrighted work you believe to have been infringed;
21.2.3. identification of the material that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
21.2.4. your contact information, including your name, mailing address, telephone number and, if available, email address;
21.2.5. a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
21.2.6. a statement that the information in the notice is accurate; and
21.2.7. a statement, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the copyright owner.
21.3. If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials infringe a copyright, you may be held liable for damages, including costs and legal fees.
22. AVAILABILITY
22.1. Although we will try to provide continuous access to our Platform, we cannot and do not guarantee that our Platform will be available 95% of the time and will not be liable in the event our Platform is unavailable.
22.2. You acknowledge that the availability of our Platform depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.
23. PLATFORM MANAGEMENT
We reserve the right but not the obligation to:
23.1. monitor our Platform for violations of these Terms;
23.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
23.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
23.4. in our sole discretion and without limitation, notice, or liability, to remove from our Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
23.5. otherwise manage our Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of our Platform.
24. WARRANTIES
24.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide our Platform and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
24.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our Platform, the related content, or electronic communications sent by us are free of viruses or other harmful components.
25. TERM AND TERMINATION
25.1. These Terms shall remain in full force and effect while you use our Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Platform (including blocking certain IP addresses) to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in our Platform or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
25.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
25.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
26. LIMITATION OF LIABILITY
26.1. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our Platform and any related content. You expressly agree that your use of the services and our Platform is at your sole risk.
26.2. You agree not to use the services, our Platform and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our Platform or any other website or software) for:
26.2.1. loss of profits, sales, business, or revenue;
26.2.2. business interruption;
26.2.3. loss of anticipated savings;
26.2.4. loss or corruption of data or information;
26.2.5. loss of business opportunity, goodwill, or reputation; or
26.2.6. any other indirect or consequential loss or damage.
26.3. Nothing in these Terms shall limit or exclude our liability for:
26.3.1. death or personal injury resulting from our negligence;
26.3.2. fraud; and/or
26.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
26.4. Our Platform is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content.
26.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.
27. INDEMNITY
You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our Platform, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
28. ELECTRONIC COMMUNICATIONS
28.1. Using our immigration management platform, marketplace services, the app, the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
28.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. BINDING ARBITRATION
29.1. If we are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
29.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in Dover, Delaware, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.
29.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
29.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
29.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
30. CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, potential customers, or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
31. WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.
32. OTHER IMPORTANT TERMS
32.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
32.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
32.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
32.4. These Terms and any document expressly referred to in it constitute the entire agreement between us regarding their subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
32.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
32.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
32.7. These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its choice of law provisions.
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