Terms & Conditions

Effective: April 16, 2025

If you are visually impaired, have another disability or seek support in other languages, you may access these Terms by emailing us at hello@impaq.io.

Impaq L.L.C-FZ and its subsidiaries and affiliates (“we,” “our,” or “us”) provides content and products via: https://evaai.health/ (the “Site”),  application for virtual reality devices EvaAI (the “VR App”) and other online services (collectively, the “Services”).

These Terms & Conditions (the “Terms”) govern your access to and use of the Services. The term “Device” refers to the VR headset which is used to access the Services. The term “you” refers to the user of the Services.

YOU AGREE THAT THE SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE SERVICES. 

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 9). YOU AND IMPAQ L.L.C-FZ AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. GENERAL TERMS

1.1. SERVICES

Our VR App provides users with personalized psychotherapy through a virtual AI therapist. Services include, without limitation, mental health support through coaching and therapy.

The VP App is meant to be used while seated. Review your surroundings and clear obstacles directly around you before use. Listen to all warnings in the Device, and always stay aware of your physical surroundings. 

Some people may experience motion sickness, nausea, disorientation, blurred vision or other discomfort while viewing virtual reality content. If any of these symptoms are experienced, stop using immediately and remove the Device. See a doctor before using the Device if you have a history of experiencing these symptoms or if you are prone to seizures.

Please note that we do not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The Services, and all content made available through the Services, is for informational and entertainment purposes only. You acknowledge and agree that (a) we are not a healthcare provider or wellness instructor; (b) the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you and does not constitute or replace medical advice; and (c) we are not responsible for any results that may (or may not) be obtained from the use of the Services. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability, including those that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician’s advice. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.

AI FEATURES. The VR App may include features (each, an “AI Feature”) such as Eva, the AI-powered personalized assistant (further – “Eva”), that utilize artificial intelligence (“AI“) or large language model (“LLM”) technologies. In connection with your use of an AI Feature, you understand that certain third-party provider (“3PP”) terms and conditions may apply.

Our AI Features (including Eva) allow you to provide input and content for processing (“Prompts”), which may include your spoken voice, and will generate a response (“Outputs”) based upon your Prompts. An AI Feature may generate the same or similar Output for you and other users of the Services. You may not provide Prompts or use our AI Features in any way that infringes or violates someone else’s rights, including intellectual property rights. Except as expressly provided in these Terms, you retain all right, title, and interest, including any intellectual property rights, that you have in and to your Prompts. Your use of the AI Features is subject to your compliance with any and all applicable laws and these Terms. Your sole remedy if you do not wish to so comply is to cease your use of the AI Features.

Prompts may be shared and manually reviewed, including with and by third-party contractors located around the world. Please do not use or provide any information in Prompts that is sensitive or that should not be viewed by others, including personal data.  You assume the risk for any violation of privacy laws or loss of intellectual property protection due to your Prompts. We have no control over the use of Prompts, thus, any use of such is at your own risk and we do not represent, undertake or warrant to any security or control of or to your Prompts.

AI AND LLM ARE DEVELOPING TECHNOLOGIES. ACCORDINGLY, THE POTENTIAL RISKS INHERENT TO THESE TECHNOLOGIES MAY NOT BE FULLY UNDERSTOOD, AND FULSOME SAFEGUARDS MAY NOT BE FULLY DEVELOPED. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY OUTPUTS, OR WITH RESPECT TO OUTPUTS THAT ARE DISTURBING OR UPSETTING. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE, AND YOU SHOULD THEREFORE NOT RELY UPON OUTPUTS FOR ANY PURPOSE OR USE OUTPUTS TO INFORM PROFESSIONAL ADVICE OR DECISIONS RELATED TO HEALTH, MEDICINE, FINANCE, LAW, OR PHARMACEUTICALS. IF YOU PLAN TO USE OUTPUTS FOR ANY REASON, IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THEM. OUTPUTS MAY CONTAIN CONTENT THAT YOU CONSIDER OFFENSIVE OR OBJECTIONABLE AND MAY NOT REPRESENT OUR VIEWS. YOU AGREE THAT YOU AND YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF, AND ANY ACTIONS YOU TAKE IN RELATION TO, OUTPUTS AND OTHER CONTENT GENERATED BY THE AI FEATURES BASED ON YOUR PROMPTS. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THESE TERMS, THE AI FEATURES ARE PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. NEITHER WE NOR ANY 3PP MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY AI FEATURE.

1.2. GENERAL RULES FOR USE OR ACCESS

(a) When you order (“Order”) our Services, or otherwise use or access the Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments (“Applicable Law”). You may also be asked to click “I agree” or “Confirm” (or other button with the similar meaning) prior to your purchase or access to the Services. If you do not click such a button, you may not be able to complete your purchase or access the Services. If you do not agree to these Terms, please do not use the Services.

(b) These Terms and the applicable Order set out the whole agreement between you and us for the supply of the Services unless expressly stated otherwise. For instance, in order to use or access certain Services or other special offerings, you may be required to agree to additional terms and conditions or policies; those additional terms or policies are hereby incorporated into these Terms. Where such terms or policies are inconsistent with these Terms, the additional terms or policies will control.

(c) Please check that the details in these Terms and on the applicable Order are complete and accurate before you use or purchase the Services. If you think that there is a mistake in these Terms or an Order, please contact us by emailing hello@impaq.io. We only accept responsibility for statements and representations made in writing by an authorized representative of Impaq L.L.C-FZ.

(d) Use of the Services is dependent upon your use of a Device with adequate software and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

1.3. CHANGES TO TERMS

We reserve the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Services. We may notify you of such changes via pop-up within the Services. If you continue to use the Services after modification, you agree to abide by the modified Terms.

  1. YOUR ACCOUNT

2.1. CREATING AN ACCOUNT

(a) To access the Services, you’ll have to have an account (“Account”). The Account will be created for you by us automatically when you first access the VR App. Your Account is created via your Meta account. Please note that Meta terms and policies may apply. 

You are responsible for maintaining the confidentiality of your Account and for restricting access to your Device. You may not create more than one Account. 

(b) By creating an Account and using and/or accessing the Services, you warrant that: (i) you are legally capable of entering into binding contracts; (ii) all user information you submit is truthful, accurate, and up to date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Services does not violate these Terms or any Applicable Law.

(c) Accounts and Subscriptions (as defined below) are not transferable. You agree to not sell, transfer, or exchange Accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Mode (as defined below) or Subscriptions.

(d) You may use the Services only if you are at least 18 years or older, you do not have a psychiatric illness, a doctor’s diagnosis, acute illness or disorder, you are not in therapy and are not barred from using the Services under applicable law. 

2.2. SUBSCRIPTIONS AND PURCHASES 

(a) Free Mode. You may have access to a Free Mode subscription. We reserve the right to determine eligibility for Free Mode, which may vary based on factors including the Service you select and whether you have redeemed a Free Mode previously. In the Free Mode, your data will be used in an anonymized form to train the neural network (the AI Feature). By using the Services in Free Mode you give your full and informed consent to the training of the neural network.

(b) Free Trials. You may have access to a free trial period of certain Services (“Free Trial”). You are only allowed one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Service you select and whether you have redeemed a Free Trial previously. Free Trials automatically convert to a paid Subscription Term as defined  below after a certain period of time. You can disable the automatic conversion by following the cancellation instructions set forth in Section 3 prior to the date of conversion.

(c) Automatically Renewing Subscriptions. You may access the Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly, quarter, semi-annual or annual options (“Subscription Term”). For the purposes of all our Subscription Terms please refer to Meta Quest billing cycles (https://www.meta.com/en-gb/help/quest/167910895122751/). If you activate a Subscription, you authorize us to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate your Subscription or your account.

(d) Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section 3.

(e) No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Services while your Subscription is active and subsisting.

(f) Subscription Methods. You may subscribe via purchasing a subscription to the Services from the VR App, from the App marketplaces such as Meta Horizon Store. Please note that if you purchase a subscription through the Meta Horizon Store or other app marketplace stores, the sale is final, and we will not provide a refund. Your purchase will be subject to their applicable payment policy, which also may not provide for refunds. 

(j) Purchases. You may access our Services by paying an app marketplace stores a non-recurring fee at the time of registration (“Purchase”). If you make a Purchase, you authorize the app marketplace stores, as applicable, to charge all accrued sums (“Fees”) on the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase the Services. Please note that the sale is final for all Purchases, and we will not provide a refund.

(h) Discounts. We may offer certain special discount pricing options (the “Special Discount Pricing Options”). We reserve the right to decide whether or not to offer a discount on the Services. Additional terms may apply to such Special Discount Pricing Options.

(i) Prices include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.

(j) The price for the access of our Services will be the price specified at the time of your purchase.

(k) We reserve the right to change our subscription fees, plans or adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

  1. ACCOUNT CANCELLATION

3.1. CANCELLATION BY US 

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services. 

3.2. CANCELLATION BY YOU

You may cancel your Subscription at any time. Cancellation of a Subscription is effective at the end of the applicable period. Please make any such cancellation in the Meta Horizon Store (https://www.meta.com/en-gb/help/quest/779663582910663/).

  1. PROHIBITED USE OF THE SERVICES

By using the Services you agree not to:

(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Services in any way, or create derivative works of the Services;

(b) record the Services, including any coaching, therapy session;

(c) use the Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;

(d) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services;

(e) interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services;

(f) access the Services in an unauthorized manner, including in violation of any local, state, national or international law;

(g) circumvent any territorial restrictions applied to the Services;

(h) perform any fraudulent activity including impersonating any other person or entity while using the Services;

(i) conduct yourself in an offensive manner while using the Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);

(j) use the Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);

(k) use the Services for any purposes related to scientific research, analysis or evaluation of the Services without our express written consent;

(l) rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part or use the Services except for your own personal use;

(m) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

(n) sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or

(o) attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.

We reserve the right to immediately terminate your access to or use of our Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.

By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.

  1. OWNERSHIP

Subject to the limitations set forth in these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Services. The Services, including the source code for the Services and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Impaq L.L.C-FZ and its licensors and suppliers.

5.1. COPYRIGHT

(a) All materials (including but not limited to software and content whether downloaded or not) contained in the Services (“Materials”), are owned by Impaq L.L.C-FZ (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. ‍

(b) Materials on or in the Services are the property of Impaq L.L.C-FZ or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. ‍

(c) Audio or video content from the Services not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device. ‍‍

(d) The Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. ‍‍

(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Impaq L.L.C-FZ will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ‍

5.2. TRADEMARKS

EvaAI®, EvaAI’s logo and all EvaAI product or service marks are trademarks of Impaq L.L.C-FZ. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Services is strictly prohibited. Impaq L.L.C-FZ will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

  1. AVAILABILITY OF THE SERVICES

We make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at hello@impaq.io and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time. ‍

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services. We will restore the Services as soon as we reasonably can. 

We may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice to you. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us, without prior notice to you. You agree that we will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Services. ‍

  1. ASSUMPTION OF RISK

By granting you the right to use the Services, we do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will we be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or any activity you undertake in connection therewith. As between you and us, you are solely responsible for your use of the Services and your health and medical conditions and treatment related thereto.We will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:

(a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE GO TO THE NEAREST EMERGENCY ROOM;

(b) WE ARE NOT A LICENSED MEDICAL CARE PROVIDER; WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; WE HAVE NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND WE ARE NOT YOUR HEALTHCARE PROVIDER;

(c) WE ARE NOT AND DO NOT PROVIDE EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;

(d) ANY MATERIAL PROVIDED BY US THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER;

(e) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;

(f) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE SERVICES;

(g) WE ASSUME NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SERVICES; AND

(h) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE SERVICES.

  1. WARRANTIES AND DISCLAIMERS

8.1 The Services and all materials and content available through the Services are provided “as is” and on an “as available” basis. We disclaim all warranties of any kind, whether express or implied, relating to the Services and all materials and content available through the Services, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. We do not warrant that the Services or any portion of the Services, or any materials or content offered through the Services, will be uninterrupted, or free of errors, viruses, or other harmful components, and we do not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Services or any materials or content available through the Services will create any warranty regarding us or the services that is not expressly stated in these Terms. You understand and agree that you use any portion of the Services at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or Device used in connection with the Services) or any loss of data. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law.

Applicable law in some jurisdictions may imply warranties, conditions, or guarantees or impose obligations which provide you with certain consumer rights. These terms are in no way intended to restrict those rights and we do not disclaim any warranty or other right that we are prohibited from disclaiming under Applicable law.

8.2 All the available content in the Services should not be considered health care, a medical device, or considered medical advice. Only your physician or other health care provider can provide medical advice. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

Our Services are controlled by us from our office in UAE. You agree that: (i) Access to, or use of, the Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Services. We make no representation that the information contained herein is appropriate or available for use in other locations. (ii) The Terms of this Agreement shall be governed by and construed in accordance with the laws of England and Wales. 

In the event of a dispute, you or Impaq L.L.C-FZ must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@impaq.io. Impaq L.L.C-FZ will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Impaq L.L.C-FZ will attempt to resolve any dispute through informal negotiation within ninety (90) days from the date the Notice of Dispute is sent. After ninety (90) days, you or Impaq L.L.C-FZ may commence arbitration.

If you and Impaq L.L.C-FZ don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Any and all disputes, controversies or claims arising out of or in connection with this agreement, including the breach, conclusion, modification, termination or invalidity hereof, shall be resolved by arbitration administered by the Russian Arbitration Center at the Autonomous Non-Profit Organisation “Russian Institute of Modern Arbitration” (RAC DIFC Representative Office) in accordance with the Arbitration Rules. The language of the proceedings is English.

The Parties hereby agree to voluntarily comply with the arbitral award. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

The seat of arbitration shall be Dubai International Financial Centre.

  1. GENERAL 

10.1. ASSIGNMENT BY US

We may transfer our rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

10.2. INDEMNITY

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Impaq L.L.C-FZ and its directors, employees, consultants, subsidiaries, affiliates, officers, agents, partners and licensors from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. 

10.3. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ‍

EXCEPT AS PROVIDED IN THE ARBITRATION CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF IMPAQ L.L.C-FZ TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $1,000. ‍

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR AN ASSUMPTION OF RISK, LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.4. NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. ‍

10.5. FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

10.6. NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to us at hello@impaq.io. We may give notice to you in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on the Services. 

10.7. ENTIRE AGREEMENT

These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Services. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.

10.8. SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. ‍

CONTACT INFORMATION

Don’t hesitate to contact us if you have any questions.

Impaq L.L.C-FZ 

Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E. 

Email: hello@impaq.io