Terms and Conditions of Use This Service MAY Include Subscriptions That Automatically Renew

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TERMS AND CONDITIONS OF USE

THIS SERVICE MAY INCLUDE SUBSCRIPTIONS THAT AUTOMATICALLY


RENEW​. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY (IN
PARTICULAR, SECTION 5 “FEES AND PAYMENT”) BEFORE STARTING A TRIAL OR
COMPLETING A PURCHASE FOR OUR AUTO-RENEWING SUBSCRIPTION SERVICE. TO
AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A
TRIAL ​AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL OR THEN-CURRENT
SUBSCRIPTION PERIOD.
IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A TRIAL, PLEASE VISIT THE
APPLE SUPPORT WEBSITE, ​GOOGLE PLAY HELP (OR ANY OTHER APP STORES’ SUPPORT
PAGES) OR FOLLOW INSTRUCTIONS FOR CANCELLATION IN OUR ​SUBSCRIPTION TERMS​.
YOU MAY WISH TO TAKE A SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.
DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND TRIALS.

1. ACCEPTANCE OF TERMS
HabitBox mobile application (the “App”), PersonalityPath website available at: personalitypath.me (the
"Website") and content available via the App, the Website or our emails ("Content") are distributed by
GM Unicorn Corporation Limited (a legal entity incorporated under the laws of the Republic of Cyprus,
having its registered office at Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia, Cyprus) or other
company as may be indicated in an app store ​("we" "us" "our" or the "Company"). The App, the Website,
together with the Content, tools, transactions and other services available by using them, are collectively
referred to as the "Service". The App and the content available via the App are collectively referred to as
the "App Service".
1.1. Your access and use of the Service constitutes your agreement to be bound by these Terms and
Conditions of Use (the "Terms"), which establishes a legally binding contractual relationship between you
and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE
SERVICE.
1.2. Please review also our ​Privacy Policy​. ​The terms of the ​Privacy Policy and other supplemental
terms, policies or documents that may be posted on the Service from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms at any time and for any reason.
1.3. Unless otherwise expressly provided herein, we will alert you about any changes by updating the
"Last updated" date of these Terms and you waive any right to receive specific notice of each such
change.
1.4. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF
WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS
PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING
AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION
WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS
PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND
ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
1.5. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT
ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR
USE THE WEBSITE, DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE
SERVICE.
2. IMPORTANT DISCLAIMERS
WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.
3. USE OF SERVICE
3.1. If you use the Service, you represent and warrant to the Company that: (i) all required
information you submit is truthful and accurate; (ii) your use of the Service does not violate any
applicable law or regulation or these Terms. Otherwise, we will not be able to personalize the services
correctly.
3.2. The Service is not intended to be used by individuals under age of 16. You hereby represent and
warrant to the Company that you meet the foregoing qualification. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your
parent or guardian read and agree to these Terms prior to you using the Service.
3.3. The Company reserves the right to suspend or terminate your use of Service, or your access to the
Service, with or without notice to you, in the event that you breach these Terms.
3.4. By using the Service, you agree to receive certain communications, updates on the Service from
the Company. You can opt-out of non-essential communications by unsubscribing from the email
notification.
3.5. The Service may be modified, updated, interrupted or suspended at any time without notice to
you or our liability.
3.6. You are solely responsible for obtaining the equipment and telecommunication services necessary
to access the Service, and all fees associated therewith (such as computing devices and Internet service
provider and airtime charges).
3.7. Your access to and use of the Service is at your own risk. To the extent permitted by law, he
Company will have no responsibility for any harm to your computing system, loss of data, or other harm
to you or any third party, including, without limitation, any bodily harm, that results from your access to
or use of the Service, or reliance on any information or advice.
3.8. The Company has no obligation to provide you with customer support of any kind. However, the
Company may provide you with customer support from time to time, at the Company's sole discretion.
3.9. You acknowledge and agree that the availability of the App is dependent on the third party from
which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, "App
Stores" and each, an "App Store").
3.10. You agree to pay all fees charged by the App Stores in connection with the App. You agree to
comply with, and your license to use the App is conditioned upon your compliance with, all applicable
agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App
Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to
enforce these Terms.
4. INTELLECTUAL PROPERTY, THIRD PARTY ADS, USER CONTENT
4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection,
arrangement and assembly of information), data, other content, software and materials displayed on the
Service or used by the Company to operate the Service (including the Website and the Content and
excluding any User Content (as defined below)) is proprietary to us or to the third parties.
4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the
foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation,
reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The
provision of the Service does not transfer to you or any third party any rights, title or interest in or to such
intellectual property rights.
4.3. The information you submit to us and any data, text and other material that you may submit to the
Website ("User Content") remain your intellectual property, and the Company does not claim any
ownership of the copyright or other proprietary rights in such registration information and the User
Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User
Content and use it as reasonably necessary for or incidental to its operation of the Service and as
described in these Terms and the Privacy Policy.
4.4. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right
to publish, distribute, publicly display and perform the User Content in connection with the Service.
4.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable
license (without the right to sublicense) to use the Website and the Service solely for your personal,
non-commercial purposes.
4.6. You agree, represent and warrant, that your use of the Service, or any portion thereof, will be
consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the
rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree
that you will comply with all applicable laws, regulations and ordinances relating to the Service or your
use of it, and you will be solely responsible for your own individual violations of any such laws.
4.7. The Service may contain links to third party websites or resources and advertisements for third
parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company
and the Company is not responsible for any Third Party Ads. The Company provides these Third Party
Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Ads. Advertisements and other information provided by Third
Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources. When you link to a third party site, the
applicable service provider's terms and policies, including privacy and data gathering practices govern.
You should make whatever investigation you feel necessary or appropriate before proceeding with any
transaction with any third party. Your transactions and other dealings with Third Party Ads that are found
on or through the Website, including payment and delivery of related goods or services, are solely
between you and such merchant or advertiser.
4.8. Each user of the Service is solely responsible for any and all his or her User Content. Because we
do not control the User Content, you acknowledge and agree that we are not responsible for any User
Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User
Content, and we assume no responsibility for any User Content. Your interactions with other Service
users are solely between you and such user. You agree that the Company will not be responsible for any
loss or damage incurred as the result of any such interactions. If there is a dispute between you and any
Service user, we are under no obligation to become involved.
4.9. You hereby release us, our officers, employees, agents and successors from claims, demands any
and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and
property damage, that is either directly or indirectly related to or arises from any interactions with or
conduct of any users of the Service, or any Third Party Ads.
5. FEES AND PAYMENT
5.1. The Service provides its users with an opportunity to purchase a personality report tailored to
your type of personality after passing a test (the “Plan Purchase”). In order to make the Plan Purchase,
you will be asked to provide certain information about yourself. By purchasing the Plan Purchase you
purchase certain digital products (the “Digital Content”). The format, delivery method and cost of the
Digital Content, price and term of provision, are set out on the relevant Website page.
5.2. The App Service may be offered on a subscription basis for a fee. You may purchase a
subscription directly from the Company or through an App Store by paying a subscription fee in advance
on a recurring interval disclosed to you prior to your purchase (the “App Purchase”). The Plan Purchase
and App Purchase shall be collectively referred to as the “Purchase”.
5.3. To the maximum extent permitted by applicable laws, we may change App Purchase fees at any
time. We will give you reasonable notice of any such pricing changes by posting the new prices on or
through the App and/or by sending you an email notification, or in other prominent way. If you do not
wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
5.4. You authorize us and the App Stores to charge the applicable fees to the payment card that you
submit.
5.5. By signing up for certain subscriptions, you agree that your subscription may be automatically
renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the
renewal term. The period of auto-renewal will be the same as your initial subscription period unless
otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the
immediately prior subscription period, excluding any promotional and discount pricing, unless we notify
you of a rate change prior to your auto-renewal. You can cancel your subscription in accordance with the
cancellation procedures disclosed to you for the particular subscription.
5.6. We may offer a trial subscription for the App Service. Trial provides you access to the App
Service for a period of time, with details specified when you sign up for the offer. Unless you cancel
before the end of the trial, or unless otherwise stated, your access to the App Service will automatically
continue and you will be billed the applicable fees for the App Service. It is ultimately your responsibility
to know when the trial will end. We reserve the right, in our absolute discretion, to modify or terminate
any trial offer, your access to the App Service during the trial, or any of these terms without notice and
with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
5.7. The App Service and your rights to use it expire at the end of the paid period of your subscription.
If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the
issue; however, we reserve the right to disable or terminate your access to the App Service (and may do
so without notice).
5.8. App Purchases made via an App Store are subject to such App Store's refund policies. This means
we cannot grant refunds. You will have to contact an App Store support.
5.9. Purchases made via our website are subject to our refund policy described below. Generally, the
fees you have paid are non-refundable and/or non-exchangeable, unless otherwise is stated herein or is
required by applicable law.

Note for the EU residents: If you are an EU resident, you have the right to withdraw from agreement for
purchase of digital content without charge and without giving any reason within fourteen (14) days from
the date of such agreement conclusion. The withdrawal right does not apply if the performance of the
agreement has begun with your prior express consent and your acknowledgment that you thereby lose
your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE
PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR
RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR
PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
Therefore, you will not be eligible to a refund, unless the digital content is defective.

6. DIGITAL CONTENT LICENSE


6.1. If you purchase Digital Content, we provide you a single seat non-exclusive, non-transferable
right to download and use the Digital Content for personal, non-commercial purposes.
6.2. You may not: (i) use Digital Content for commercial purposes, including in any advertising,
merchandise or in other commercial context; (ii) resell, rent, load, give, sublicense, redistribute, provide
access to, share or otherwise transfer any Digital Content or right to use it; (iii) use Digital Content as a
trademark, logo, service mark, or other indication of origin; (iv) falsely represent that you created the
Digital Content; (v) modify the Digital Content.
7. USER REPRESENTATIONS AND RESTRICTIONS
7.1. By using the Service, you represent and warrant that:
7.1.1. you have the legal capacity and you agree to comply with these Terms;
7.1.2. you are not under the age of 16;
7.1.3. you will not access the Service through automated or non-human means, whether through a bot,
script or otherwise;
7.1.4. you will not use the Service for any illegal or unauthorized purpose;
7.1.5. you are not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a "terrorist supporting" country;
7.1.6. you are not listed on any U.S. government list of prohibited or restricted parties; and
7.1.7. your use of the Service will not violate any applicable law or regulation.
7.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to refuse any and all current or future use of the Service (or any portion thereof).
7.3. You may not access or use the Service for any purpose other than that for which we make the
Service available. The Service may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
7.4. As a user of the Service, you agree not to:
7.4.1. systematically retrieve data or other content from the Service to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us;
7.4.2. make any unauthorized use of the Service;
7.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work
from the Service;
7.4.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended;
7.4.5. make the Service available over a network or other environment permitting access or use by
multiple devices or users at the same time;
7.4.6. use the Service for creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the Service;
7.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any applications, accessories, or devices
for use with the Service;
7.4.8. circumvent, disable, or otherwise interfere with security-related features of the Service;
7.4.9. engage in unauthorized framing of or linking to the Service;
7.4.10. interfere with, disrupt, or create an undue burden on the Service or the networks or services
connected to the Service;
7.4.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Service;
7.4.12. attempt to bypass any measures of the Service designed to prevent or restrict access to the
Service, or any portion of the Service;
7.4.13. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any
other similar software or programs that may damage the operation of another's computer;
7.4.14. use, launch, develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any
unauthorized script or other software;
7.4.15. use the Service to send automated queries to any website or to send any unsolicited commercial
e-mail;
7.4.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
7.4.17. use the Service in a manner inconsistent with any applicable laws or regulations; or
7.4.18. otherwise infringe these Terms.
8. DISCLAIMER OF WARRANTIES
THE APP, WEBSITE, CONTENT, DIGITAL CONTENT AND OTHER ASPECTS OF THE SERVICE
ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APP, WEBSITE, CONTENT, DIGITAL
CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES,
LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, DIGITAL
CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR
CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME
OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR
OUTCOME CAN BE ACHIEVED.
9. LIMITATION OF LIABILITY
9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR
USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP, WEBSITE, CONTENT
OR DIGITAL CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING
THE APP, WEBSITE, CONTENT, DIGITAL CONTENT AND USER CONTENT), AND THIRD
PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA
RESULTING THEREFROM.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU
AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL
CLAIMS ARISING FROM THE USE OF THE APP, WEBSITE, CONTENT, DIGITAL CONTENT OR
SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE
SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. INDEMNITY
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related
companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand
made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or
(iii) your violation of these Terms. The Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without the prior written
consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action
or proceeding upon becoming aware of it.
11. INTERNATIONAL USE
The Company makes no representation that the Service is accessible, appropriate or legally available for
use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so
would be illegal. You access the Service at your own initiative and are responsible for compliance with
local laws.
12.  MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

12.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND


YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM
THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND
BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU
ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF
YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE
LIMITED OR MAY NOT EXIST.
12.2. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.3. YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE
PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND
ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO
SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS
PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING
TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE
LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION
FOR DISPUTE RESOLUTION.
12.4. Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator
instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and
is subject to very limited review by courts. The same damages and relief that a court can award can be
awarded by arbitrators. Please see more information about arbitration at ​http://www.adr.org​.
12.5. A party which intends to seek arbitration must first send to the other a written notice of intent to
arbitrate (a "Notice") by an international courier with a tracking mechanism, or, in the absence of a
mailing address provided by you to us, via any other method available to us, including via e-mail. The
Notice to the Company must be addressed to: Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia, Cyprus
(as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the
claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not
reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may
commence an arbitration proceeding as set forth below or file an individual claim in small claims court.
12.6. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY
ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES
(THE "Rules"), AS MODIFIED BY THESE TERMS.
12.7. If you commence arbitration against us, you are required to provide a second Notice to the
Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The
 Rules and AAA forms are available online at ​http://www.adr.org​. Unless your Demand is equal to or
greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of
the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will
promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second
Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt
evidencing payment of the filing fee.
12.8. The arbitration shall be conducted exclusively in English. A single, independent and impartial
arbitrator with his or her primary place of business in Alexandria, Virginia (if you are from the United
States) or in Nicosia, Cyprus (if you are not from the United States) will be appointed pursuant to the
Rules, as modified herein. You and the Company agree to comply with the following rules, which are
intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the
arbitration will be conducted online and/or be solely based on written submissions, the specific manner to
be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal
appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii)
any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
12.9. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY
AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER,
YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE
THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS
FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY
ARBITRATION SECTION WILL BE NULL AND VOID.
12.10. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of these Terms, ​Privacy Policy, and
this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether
this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to
these Terms can enforce its provision against you or us.
12.11. Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential
decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time
limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration
proceedings will be closed to the public and confidential, and all records relating thereto will be
permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award
of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition
of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its
conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use
of the Service evidences a transaction involving interstate commerce. The United States Federal
Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this
Section 12. Any award rendered shall be final, subject to appeal under the FAA.
12.12. The abovestated provisions of this Section 12 shall not apply to any claim in which either party
seeks equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property.
For the avoidance of doubt, you agree that, in the event the Company or a third party breaches these
Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable
relief against us, and your only remedy will be for monetary damages, subject to the limitations of
liability set forth in these Terms.
12.13. You and we agree that, notwithstanding any other rights a party may have at law or in equity, any
claim arising out of or related to these Terms (including the ​Privacy Policy​) or the Service, excluding a
claim for indemnification, must be initiated with the AAA or filed in small claims court in Alexandria,
Virginia within one (1) year after the claim accrues. Otherwise, such cause of action is permanently and
forever barred. This one (1) year period includes the thirty (30) day pre-dispute procedure set forth in
sub-clause 12.5 above.
12.14. All claims you bring against the Company must be resolved in accordance with this Section. All
claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a
claim contrary to this Section, the Company may recover attorneys' fees and reimbursement of its costs,
provided that the Company has notified you in writing of the improperly filed claim, and you fail to
promptly withdraw such claim.
12.15. In the event that we make any material change to this arbitration provision (other than a change to
our Arbitration Notice Address), you may reject any such change by sending us written notice to our
Arbitration Notice Address within thirty (30) days of the change, in which case you shall terminate your
use of the Service immediately, and this Section, as in effect immediately prior to the amendments you
reject, will survive the termination of these Terms.
12.16. If only clause 12.9 paragraph above or the entirety of this Section 12 is found to be
unenforceable, then the entirety of this Section 12 will be null and void and, in such case, the parties agree
that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or
related to this Agreement.
12.17. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE
THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY
TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE
TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL,
AND CONFIDENTIAL ARBITRATION.
12.18. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN
THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE
SERVICE BY WRITING TO ​SUPPORT@PERSONALITYPATH.ME ​OR TO THE ARBITRATION
NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED
WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US
TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30)
DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU
MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS
AGREEMENT.
13. GOVERNING LAW
13.1. The laws of Cyprus, excluding its conflicts of law principles, govern these Terms and your use of
the Service.
13.2. To the extent that any action relating to any dispute hereunder is permitted to be brought in a
court of law, such action will be subject to the exclusive jurisdiction of:
13.2.1. the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United
States; or
13.2.2. the courts of Nicosia, Cyprus – if you are not a resident of the United States;
and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any
defense of improper venue or inconvenient forum.
14. MISCELLANEOUS PROVISIONS
14.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or
default by you with respect to these Terms will impair any such right or be construed to be a waiver
thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed
by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant,
condition or agreement hereof contained.
14.2. Subject to Section 12, if any provision of these Terms is found to be invalid or unenforceable,
then these Terms will remain in full force and effect and will be reformed to be valid and enforceable
while reflecting the intent of the parties to the greatest extent permitted by law.
14.3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement
between you and the Company regarding its subject matter, and supersede all prior promises, agreements
or representations, whether written or oral, regarding such subject matter.
14.4. The Company may transfer or assign any and all of its rights and obligations under these Terms
to any other person, by any way, including by novation, and by accepting these Terms you give the
Company consent to any such assignment and transfer. You confirm that placing on the Service of a
version of these Terms indicating another person as a party to the Terms shall constitute valid notice to
you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is
expressly indicated).
14.5. All information communicated on the Service is considered an electronic communication. When
you communicate with us through or on the Service or via other forms of electronic media, such as
e-mail, you are communicating with us electronically. You agree that we may communicate electronically
with you and that such communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to communications in writing and
shall have the same force and effect as if they were in writing and signed by the party sending the
communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT",
"CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally
binding electronic signature and are entering into a legally binding contract. You acknowledge that your
electronic submissions constitute your agreement and intent to be bound by these Terms. 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 THROUGH THE SERVICE.
14.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent
that such failure arises from factors outside the Company's reasonable control.
15. CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may
contact us at: ​support@personalitypath.me​.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
Last Updated: 15 February, 2021

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