FaitwhWave: Terms and Conditions

USER TERMS AND CONDITIONS

FaithWave runs the underlying technology for this app and website. Our Online Service powers applications, websites and content streaming services. These terms detail how we handle and protect your data.

FAITHWAVE PRIVACY AND DATA POLICY

Last updated: May 2019

1. INTRODUCTION AND GENERAL TERMS

Our platform, FaithWave, and our website at faithwave.app (together, our “Online Service”) are operated and owned by MBASO Ltd of 145-157 St John Street, London, England, EC1V 4PW (“we, us or our”). We take your privacy very seriously and are committed to protecting and respecting it.

Our Online Service powers applications, websites and content streaming services for creators (“Third Party Operators”).

Our Online Service is managed either by you (if you are the creator) or by third party creators (if you are an End User). If you are using our service as an End User, then as part of signing up with Third Party Operators, you create an account on our Online Service which allows you to access the websites, apps and streaming services (“Third Party Service”) managed by those Third Party Operators. Your account is linked to the Third Party Services which you subscribe to through our Online Service. Please refer to the individual privacy policies of the relevant Third Party Operators for information about how they process your personal data.

This privacy, cookies and data policy (“Privacy Policy”) sets out the basis on which personal data we collect from you, or that you provide to us, will be processed by us.

Our Online Service is not marketed to users under the age of 13 and those aged under-13 should not use our Online Service. We do not use our Online Services to knowingly solicit information from, or market to, those under the age of 13.

If you have any questions or comments about this Privacy Policy, including if you wish to exercise your right to object to data processing activity, please contact us at the following email address: privacy@SupaPass.com (our “Email Address”).

We are committed to protecting and respecting your privacy. This Privacy Policy explains the basis on which personal data we collect from you will be processed by us or on our behalf.

Where we decide the purposes and means for which personal data you supply through these Online Services is processed, we are the “controller” for the purposes of the General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018.

Where Third Party Operators decide the purposes and means for which personal data you supply is processed, they are the controller, and we are their “processor” for these purposes.

For example, we are the controller in respect of setting up and administering your account, and connecting you with different Third Party Operators you might like to register with. We may also send you marketing information about our services and other creators using our Online Service you might be interested in, as discussed below.

However, while you are using a Third Party Service which you’ve registered with (for example, when you choose and pay for subscriptions and/or request and stream content from a Third Party Service) the Third Party Operator is the controller. We may process personal data on their behalf if they ask us to do so, for example, to process payments and manage your subscription to their Third Party Service.

Please read this Privacy Policy carefully as it contains important information about the following:

What information we may collect about you;

How we will use information we collect about you;

Whether we will disclose your details to anyone else; and

Your choices and rights regarding the personal data we hold about you.

This Privacy Policy should be read in conjunction with our terms of use as may be applicable in respect of the relevant Online Services. Where terms of use are applicable, they will be made available via the relevant Online Services.

We may make changes to this Privacy Policy in the future, which will be made available here. You should check here from time to time to ensure you are aware of any changes. Where appropriate, we may notify you of changes by email or through the Online Services.

2. INFORMATION WE MAY COLLECT ABOUT YOU

We may collect and process the following personal data from you when you use our Online Services (together, the “Online Service Information”):

Information provided by you when using an Online Service

(“Submitted Information”)

Your account and profile information with us (your name, country, contact and address details (where applicable), username, email address and account password); and

Your profile photo (if you choose to provide one).

If you are a creator, rather than an End User, we will collect information from you in order to provide our Online Services to you and help you set-up and administer your Third Party Service, including billing information (including account details to which any payments we process on your behalf might be sent, and details of any accounts from which we should collect payment from you).

User-generated content (including, without limitation, comments, posts and reviews) hosted and/or displayed in our Online Services

("User Content")

When using our Online Services, you may decide to post information that may or may not contain personal data, in accordance with the rules of the relevant Online Services (for example, comments, posts or reviews).

We cannot control the wider dissemination via the public internet of personal data that you may choose to post, or make available, in User Content which you make available to the public.

If you are a creator rather than an End User, User Content includes any personal information which you might decide to provide in or through your Third Party Service (e.g. your apps, websites or streamed content).

Information about your activities

("Analytics")

We may collect technical information about your use of our Online Service through the use of analytics tools and by virtue of the Online Service functionality.

The personal data we may collect includes information about your engagement with and usage of our Online Service and your End User Account (for example, viewing information, clicks, engagement information, length of subscription/service, content listened to / watched, purchases, subscriptions and other transactions and other usage or engagement events).

3. WHY WE COLLECT INFORMATION ABOUT YOU

To provide the Online Services to you

We will use information about you (including the Submitted Information, Analytics and User Content) to deliver our Online Service to you under the terms of use agreed between us. The processing of information in this way is necessary, for example, for us to recognise your account, provide you with the relevant Online Service features and content and to ensure that the Online Service functions properly.

If you make purchases through or in connection with the Online Services, those purchases may be made through a Third Party Service (such as Stripe or GoCardless), or through an app store (such as the Apple or Google app stores). Where instructed by the relevant Third Party Operator, we may process your Submitted Information on behalf of that Third Party Operator.

If you are a creator rather than an End User, we will process your Submitted Information in order to process your payments (both incoming and outgoing).

For the above purposes, we rely upon the legal bases of: (i) performance of a contract (being performance of the terms agreed between us); and (ii) legitimate interests, being our legitimate commercial interests in providing you with enhanced user functionality (such as, for example, the ability to post, comment or review (where applicable)).

Moderation and public information

In connection with user posting, commenting and reviewing or similar functionality (where this functionality is made available), certain of your User Content and other Online Service Information may be shared with other users of the Online Service or become publicly available. You may be able to select, in some cases, specific recipients (for example, if you are posting a comment to a particular group only) and then only those recipients will receive it, however, in all other cases, the information may be made publicly available.

For the above purposes, we rely upon the legal basis of performance of a contract (being our terms of use with you for the relevant Online Services) and our legitimate interests, being our commercial interests in providing you with enhanced user functionality (such as, for example, the ability to post, comment or review (where applicable)).

To respond to your enquiries and requests for support

We may process Online Services Information so that we are able to properly respond to your enquiries and support requests, in accordance with the terms of use agreed between us.

As part of this we may also share this Online Services Information with our suppliers who may assist us with managing support queries.

For the above purposes, processing is carried out so we can perform our contract (being our terms with you for the relevant Online Services) and in pursuit of our legitimate interests, being our commercial interests to respond to your queries and requests for support.

To prevent fraudulent or illegal activity

We may process your Online Services Information for our legitimate interests of ensuring that your use of our Online Services is lawful and in compliance with our agreement (being the terms of use agreed between us), to prevent disruption to our Online Service, to enforce our rights, to protect any individual or otherwise to ensure our compliance with our legal obligations.

To help us to improve the Online Service and fix any problems

We may process information about you (being the Online Services Information or any part thereof) so that we can analyse and improve our Online Services, and also for us to develop new Online Services or new parts thereof. As part of this we may also share this Online Services Information with our suppliers who may assist us.

This processing is necessary for us to pursue our legitimate interests, being our commercial interests of: (i) ensuring that our Online Services function properly so that you and other users have the best experience when, for example, accessing content; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Online Service.

To help us to understand your usage of the Online Services

We may process information (being the Online Services Information or any part thereof) to understand how users use our Online Services, and to compile statistical reports regarding that activity, as well as understanding how users access content in our Online Service. This processing is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Online Services, understanding and fixing problems (such as when users may be unable to easily access or enjoy content) and to improve our future products and services.

To keep you up to date

Where you have consented, or where it is otherwise lawful to do so, we may use your Online Services Information to send you emails in order to keep you informed of news and products. You can withdraw your consent at any time by letting us know by email to our Email Address.

Push notifications about our Online Service and similar notifications

Where you have consented, or where it is otherwise lawful to do so, we may use your Online Services Information to send you ‘push notifications’ or in-service notifications (for example, on your device and in relation to the Online Service). The third party platform (i.e. your device provider such as Apple) is responsible for obtaining your consent to activities such as push notifications. Most mobile devices allow you to edit and control your push notification settings in your device settings.

4. DATA SHARING

We will share your information with third parties only in the ways that are described in this Privacy Policy

Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.

Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

Enforcement: We may also disclose your personal data to third parties (e.g. mobile network operators, gaming platform operators, device manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of us, our customers or others.

Digital Content Stores: Where our Online Service is downloaded or accessed through a third party store service such as (without limitation) Amazon, Google Play or Apple"s App Store, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-app payments made through these platforms.

Third Party Operators: Where you have subscribed to a Third Party Service, Analytics collected about your use of that Third Party Service, and your account and profile information, are available to the Third Party Operator responsible for that Third Party Service. So, for example, if you register for a particular creator’s content, they are able to see how often you watch their content, and which content you watch, along with your name, account details and contact information (we will not share your password with them). As mentioned above, we are not responsible for this processing, and the relevant Third Party Operator is the data “controller” please refer to their privacy policies to understand how they use your personal data.

Objectionable Content: If you send us, or upload, objectionable content, or behave in a disruptive manner when using our Online Service, we may process any personal information that you have submitted to us, to respond to and stop such behaviour. Where we reasonably believe that you are or may be in breach of the law (for example, where the content you share amounts to harassment or is defamatory), we may use your personal information to inform relevant third parties about the content, such as your email or internet provider or law enforcement agencies.

5. AUTOMATED DECISION MAKING

We may use automated decision-making methods which do not involve human involvement to process your information, and shall do so only in the ways that are described in this Privacy Policy.

6. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply with requests without undue delay and within one month at the latest.

Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure

You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected.

You can download a copy of your Online Service personal account information by following the instructions in your account settings (where this functionality is made available). Where this functionality is not available you can request a copy by emailing our Email Address.

We will use reasonable efforts, to the extent required by law, to comply with any request to supply, correct or delete personal data held about you on our files (and request that any third parties to whom it has been disclosed to do the same).

Object to us processing personal data about you

You can ask us to restrict, stop processing or delete your personal data if:

You consented to our processing the personal data and have withdrawn that consent;

We no longer need to process that personal data for the reason it was collected;

We are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of ours or a third party, you don’t agree with that processing and there is no overriding legitimate interest for us to continue processing it;

The personal data was unlawfully processed;

You need the personal data to be deleted in order to comply with legal obligations; and/or

The personal data is processed in relation to the offer of a service to a child.

You may be able to delete your accounts by following the instructions in your account settings, where applicable depending on the relevant Online Services. You can also request account deletion by sending an email to our Email Address.

Obtain a machine-readable copy of your personal data, which you can use with another service provider

If (i) we are processing data in order to perform our contractual obligations to you or because you consented and (ii) that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.

If you request, we will supply you with the relevant personal data in CSV format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.

Make a complaint to a Supervisory Authority

If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services or by email to our Email Address.

If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority. Contact information for the Information Commissioner’s Office, the UK’s independent authority setup to uphold information rights, is available here: https://ico.org.uk/.

7. DATA RETENTION

In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary.

8. CHILDREN

We do not use our Online Services to knowingly solicit information from, or market to, children under the age of 13. In the event that we learn that we have collected personal data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age, please contact us at our Email Address.

9. SECURITY

We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Online Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms.

In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored or otherwise processed by us.

Please be aware that, while we make the security of our Online Services and your personal information a high priority, no security system can prevent all security breaches.

Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Online Services; the sharing of your personal information with us and any transmission is at your own risk.

10. INTERNATIONAL DATA TRANSFERS

The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff that operate outside the EEA and work for us or our suppliers. These staff may be engaged in the fulfilment of your orders, the processing of your payment details, the maintenance of the Online Services, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Where your personal data is transferred outside of the EEA to a territory not subject to an adequacy decision by the European Commission, we have agreements in place with the relevant parties which include either (i) standard data protection clauses adopted by the relevant data protection regulator and approved by the European Commission or (ii) standard data protection clauses adopted by the European Commission, to ensure that appropriate safeguards are used to protect your personal data. Alternatively, we may put in place other appropriate safeguards. If you require more information about these safeguards, you can contact us at our Email Address.

11. CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy, please contact us at our Email Address.

We are committed to protecting your privacy and ensuring that your personal data is handled with care and respect. If you have any questions or concerns about this Privacy Policy, please contact us at our Email Address.

Questions, comments and requests in relation to this Privacy Policy are welcome and should be addressed to our Email Address privacy@supapass.com

Hesperides Media Limited: Terms and Conditions

Terms and conditions

OVERVIEW

Faithwave.app and the associated web and mobile applications are operated by Hesperides Media Limited. Throughout the site, the terms “we”, “us” and “our” refer to Hesperides Media Limited. Hesperides Media Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our payments are processed by Stripe. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, &lquot;comments&rquot;), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided &lquot;as is&rquot; and &lquot;as available&rquot; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hesperides Media Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hesperides Media Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at eliot@faithwave.app